More ehcp help

[MentyB]

We are either week 11 or 12, depending on if they're going from when the request was made or when it was confirmed they had recieved it. The SALT said deadline was tomorrow. We have had EP and SALT assessments and reports were recieved this week. We have had no contact with a case worker or anyone else, we have no idea who our case worker is or have any way to contact them. Is this normal? Do they contact you to say they are going to issue before they send a draft?

The clock starts ticking when you make the request. That is the day you submitted/delivered the request or the next working day if you submitted it on a non-working day/after 5pm on a working day. If you posted it, it might be different - if you did I will cover those too if you say how you posted it.

No contact is normal. If you want to contact the LA, you may be able to find a general email address online or someone local may know or calling the LA even if it is the general number. Failing that, you can email the Director of Children’s Services whose email will be on online.

LAs don’t always inform you they will issue before sending the draft.

If the LA is not going to issue, they must inform you by week 16. If they are going to issue, they must finalise by week 20 and in order to do that should issue a draft by week 20. Unless one of the exceptions applies - it might do in your situation. One of the exceptions is where the LA requests advice from the headteacher or principal of a school during the EHCNA during the period beginning one week before a school closes for a period of 4+ weeks and ending one week before the school re-opens from a closure of 4+ weeks. Although it isn’t a green light for the LA to do as they wish. It is only if it is impractical to comply, and they must still comply as soon as possible. If you want to read more about the exceptions they are in Regulation 10(4) and Regulation 13(2) of The Special Educational Needs and Disability Regulations 2014. Reg 10 is about not issuing. Reg 13 is about finalising an EHCP but just points you to the exceptions in Reg 10.

Thank you so much for responding again. I phone LSPA in the end and they gave me the case workers contact information. However she has come back and said that she won't be involved until a final ehcp is issued. She also said that they are working towards a deadline for 16 weeks.

They are now saying it's not going to panel until the 31st October which will be almost 18 weeks. Is it worth telling them that's illegal? I don't want to do anything to jeopardise them issuing it.

If the LA is going to issue, they must finalise within 20 weeks unless one of the exceptions applies. To do that they should send a draft by week 14. If they aren’t going to issue, they must inform you by week 16. IPSEA has a model letter you can use.

Thank you. Do I sent it now? Or do I have to wait until the 16 weeks is up? I was just going to email the case manager and point out that it doesn't follow the legal time frame set out in The Special Educational Needs and Disability Regulations 2014.

You can email them now by all means or you can use IPSEA’s letter now warning them they are at risk of breaching the statutory timescales.

The nursery are concerned about it appearing aggressive and seem to think that they will already have a draft ready to issue straight away if they decide that she needs one, but I think that's unlikely isn't it? They also said its only a week and 3 days late (because the local offer says they have until 16 weeks for a decision) but she needs this in place for January if they're going to issue one. I don't want to do anything that's going to make them say no to issuing one and am also wary about that

They may well have a draft ready to go. Some LAs do it like that. However, even if they send you the draft at 18 weeks, they will most likely breach the 20 week timetable. Not least because they must give you at least 15 days to make representations.

Thank you. When I told them this doesn't meet the 16 week deadline for a decision and would not leave enough time for us to have our 15 days and then for them to consult schools before the final deadline of 19th november they have now told me that they will just name a setting type on a ehcp if issued and then consult afterwards. My daughter HAS to start school in January as we have already deferred and her current names placement will absolutely not meet need. Am I correct that if they don't manage to sort out a place by January she will have to go to the place we have deferred? Is it legal to not consult schools before? Is there anything I can do?

There are some situations where LAs can just name the type of placement in section I. However, if the LA name mainstream as type, case law dictates they should normally name a specific placement.

If they only name the type of placement, you should ask how they intend to fulfil their duty under section 42 of the Children and Families Act 2014. If DD is CSA in January, you should also ask how they intend to provide a suitable full-time education as per section 19 of the Education Act 1996.

If DD is CSA in January and you don’t have a finalised EHCP e.g. because you have to appeal refusal to issue, your options are: send DD to the school you have a place at via the normal admission process, if DD is unable (in the legal sense, not just that it isn’t your preference) to attend school requesting s19 provision, request an in-year transfer to another school via the normal process, or make your own arrangements either via an independent setting or EHE.

You may find the LA consult before you make your representations. That sometimes happens. It is why it is advisable to contact schools yourself so you know they have accurate information. But even if they do that, they are still highly unlikely to finalise by 20 weeks if the draft is sent at 18 weeks.

I have sent another email this time more firmly staring they are breaching the legal timelines by not issuing a decision at 16 weeks and have had an automatic response that she is now away until the 9th. With contacting a school ourselves do I have to wait until they agree to issue or can I email them now?

You can contact schools now to start to know what your preference would be. Some won’t let you visit or have detailed discussions etc. until they have been consulted.

Then, when/if you get the draft, contact the schools to inform them of any inaccuracies/provide them with accurate information. Sometimes schools say they won’t discuss things with parents until they have been named/if they are named, but that doesn’t stop you providing them with accurate information. It doesn’t need a discussion for you to do that.

Important to note, they are not in breach yet, but they are at risk of being in breach of the timescales. Important distinction in terms of what you can do. For example, JR isn’t possible right now.

Thank you so much. We have a school in mind so will contact them to see what they say. Yes I said that if they continue with having the panel at 17 weeks 3 days then that will breach the timescale of giving a decision.

@flawlessflipper I have put as parental preference on my child’s ehcp draft that I want her to go a specialist school. I’ve named a school and the la have consulted, which they have mentioned “ please keep in mind with your response that “child” needs can be met in mainstream”
which they can’t the mainstream she is attending have stated they can’t meet need. I’m fuming beyond belief. I didn’t actually know I can talk to the specialist school myself. So thankyou I will be phoning them Monday
my child is high care needs and definitely needs an sen school I just seem to be having a fight with local authority to get her the education she deserves!

As well as your preferred SS, I would contact all the schools you know have been consulted. Or if the LA is being evasive about who they are consulting, any you suspect may have been consulted. That way, you can make sure they have an accurate picture.

Also, make sure you look at the draft well. B+F= I. The placement named in section I should be the logical conclusion of B&F. If your LA has said this about MS, it is likely they have written B&F in a way that supports the naming of MS. They shouldn’t behave like that, but LAs do.