Q:
If I accept the draft EHCP, can I make changes post publication if I need experts to review and provide evidence for potential FtT to get a suitable placement other than the one suggested by LA?
Can I accept the draft EHCP now as it looks ok, however if the setting in the final version is not suitable I plan to get my experts to lock down the provision update the EHCP with their findings and tell me which setting meets SEN, our preferred choice or the LAs? I am allowed to do this would without the LA arguing I had accepted the EHCP draft and cannot update it.
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 13 Feb 2025
-
Yes
Simple
Roger MM
If a person accepts the amendments proposed by the Local Authority (LA) to an Education, Health and Care (EHC) Plan, and the amended plan is subsequently issued, the parents or young person still have the right to appeal to the First-tier Tribunal (FtT) after considering or attempting mediation.
During the appeal process, if either party obtains evidence supporting further amendments to the newly issued EHC Plan (which is under appeal), they can include these amendments in the working document. As you will likely be aware, the working document serves as the official record of proposed amendments from both parties and will be considered if a hearing takes place.
I hope this is helpful, and I look forward to reading other contributions.
Sean Kennedy
Sean Kennedy
Talem Law
|
Comment