Q:
Hi, are my LA allowed to remove provision from a previous EHCP when they produce a new draft without any assessments having been done? If not, please ...
Hi, are my LA allowed to remove provision from a previous EHCP when they produce a new draft without any assessments having been done? If not, please can you tell me what the law says about this?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 13 Feb 2023
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Yes
Simple
This is something which, regrettably, seems to be happening more frequently. An LA can amend an EHCp after a review:
https://www.legislation.gov.uk/uksi/2014/1530/regulation/22/made
A re-assessment:
https://www.legislation.gov.uk/uksi/2014/1530/regulation/27/made
Or arbitrarily:
https://www.legislation.gov.uk/uksi/2014/1530/regulation/28/made
You will have an opportunity to challenge the draft – in this case it would presumably due to the fact that the change does not have any evidential basis.
If there is no resolution, then the Tribunal Procedure (starting with mediation if you wish) can be used. This is addressed in detail chapter 12 of the NODDY GUIDE.
Would be interested to read what anyone else had to say.
Sean Kennedy
Talem Law
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