Q:
Which deadline takes precedence 8 weeks to produce EHCP or March 31st deadline for post-16 students?
Which deadline takes precedence 8 weeks to produce EHCP or March 31st deadline for post-16 students?
There are two deadlines. 8 weeks from intention to update EHCP to produce final EHCP and March 31st for post-16 students.
In my case the first deadline is breached by 4 weeks. The second date is approx. a month away.
I want to get the Final EHCP, asap so I can plan appointments, draft was responded to two weeks ago.
Do I have position to ask the LA to produce the EHCP in a given time?
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 01 Mar 2025
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Other
Simple
Other ...:
My response to your previous question (available at this link) remains valid.
It appears that, provided all timescale requirements for the current review are met—as they must be—the 31st March deadline, as stipulated in r. 18(1)(a) of The Special Educational Needs and Disability Regulations 2014, would be satisfied. This is contingent upon the review appropriately addressing the transition from secondary education to a post-16 institution, which is a reasonable expectation given that we are in March.
If your query pertains to whether this Regulation permits an exception to the eight-week time limit for amending an Education, Health and Care Plan (EHCP), I do not believe it does, nor do I think it could.
I would be interested to hear any differing interpretations from others.
Non-compliance with these statutory deadlines means that a parent or young person could consider the following responses:
- Raise the matter informally – Initiate a conversation with the LA to seek a resolution without formal procedures.
- Submit a formal complaint – Use the Local Authority’s official complaints procedure, escalating to the Local Government and Social Care Ombudsman (LGSCO) if necessary when the complaints process is exhausted.
- Pursue Judicial Review of the Local Authority’s actions – The first step in this process involves sending a pre-action protocol letter. You can check if legal aid is available by ringing 0345 345 4 345.
Sean Kennedy
Sean Kennedy
Talem Law
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