Still waiting for EHCP, son not coping in state school

We started the EHCP process in Feb 23, and we still haven't seen a draft plan. There's been huge breaks between specialist appointments but we've finally spoken to the educational psychologist. We're nearly at 30 weeks since this process started.

My contact at the council isn't responding to me.

Can anyone advise who I should be contacting within a council to get an update.

My son has just started a mainstream school and has become violent and isn't receiving much support as we don't have this plan.


Helen Murdoch
20 Sep 2023

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A: SenseCheck

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  • 21 Sep 2023
  • Yes


    This situation appears to be rather challenging.

    You might want to consider sending a polite email to the Local Authority (LA) to remind them that they haven't adhered to the timescales for issuing an Education, Health, and Care Plan (EHCP) as detailed in Regulation 13 of The Special Educational Needs and Disability Regulations 2014. You can find this regulation here: https://www.legislation.gov.uk/uksi/2014/1530/regulation/13/made.  

    When deciding on the email's recipient, you might consider addressing it to the individual you've been liaising with in relation to your sons EHCNA and copying their line manager or the Head of Special Educational Needs and Disability (SEND) at the Local Authority (LA). This approach ensures that your message reaches the appropriate parties responsible for handling the matter.

    Additionally, you could also suggest a reasonable deadline for their response (possibly in a few days time) which should include the date when the EHCP will be issued. If they fail to meet this deadline or provide an unsatisfactory response, you may wish to make it clear in your email that you intend to initiate the LA's official complaints procedure and, if this is not successful, seek the assistance of the LGO.

    Moreover, you might also wish  to highlight the tangible negative consequences of your son's special educational needs not being met due to the EHCp not being issued.

    I look forward to seeing what suggestions others may have regarding this matter.

    Sean Kennedy

    Sean Kennedy
    Talem Law