Q:

Can responding to case work's comments or questions on draft EHCP from AR prior to the mandatory ECHP timeline of 4 weeks, effect the mandatory timeline?

My son's key stage transfer AR was on Nov 12th. At this time the case worker who appeared on video call made the statement that EHCP would be updated. To make it easier for the case worker we made the proposed changes (having gone through the process in twice before) and sent her the edited word doc and a document with each amendment tracked and a comment as to the SME source doc reference. The case worker can propose amendments to this doc (has already stated this how useful this is) and has to publish as a draft with in four weeks (if I am correct). The case worker send an email on Dec 5th with questions and comments but not the draft EHCP.
If I respond, does that mean the case worker does not have to stick four week deadline to publish the draft?

RM

ROGER M M
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08 Dec 2024

A: SenseCheck

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  • 1 No
  • 1 Other

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  • 09 Dec 2024
  • Other

    Simple

    Other ...:

    Roger MM,

    I believe this may be of assistance. 

    In The High Court’s decision L & Ors, R (On the Application Of) v Devon County Council [2022] EWHC 493 (Admin) (08 March 2022) 

    Mrs Justice Foster examined the obligations placed on local authorities by the Special Educational Needs and Disability Regulations 2014 (the Regulations), specifically regarding whether there is a fixed timeframe for the review and amendment of a plan when a local authority agrees that an amendment is necessary.

    The Court concluded that the Regulations:

    • Impose an obligation on local authorities to inform parents or young person  of the substance of proposed amendments to an EHCP at the same time as notifying them of an intention to amend the plan.
    • Require local authorities to issue a final amended plan within 12 weeks of the annual review meeting (which consists of no more than 4 weeks to for the LA to inform the parent or young person the outcome of the review and no more than 8 weeks to issue the final amended EHCp if amendments are to be made) 

    Obviously, this process can be completed sooner, but the 12-week limit from the review meeting to issuing the amended EHCp is fixed.

    Sean Kennedy

     

    Sean Kennedy

    Sean Kennedy
    Talem Law

  • 09 Dec 2024
  • No

    Simple

    No.  The 4-week deadline is for informing the intention to update. There is a separate timeline to publish draft and finalise thereafter.