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?

Can I have a recommendation for a solicitor for possible action KS5 Transfer (Preferably a solicitor with experience of Surrey NE SEN /BLOSSOM HOUSE SCHOOL KS5)?

Tribunal order issued in 2020 to provide monitoring by EP not provided by LA, can I seek compensation via Ombudsman?

The order was issued at tribunal in 2020.

This is the second tribunal, the previous one in 2017 resulted in the LA not providing external OT and SaLT, at that time we issued a pre-action protocol. This time the setting is a specialist school. The tribunal was at considerable cost and the main point was to include SME EP report commissioned findings in the EHCP: This is the wording of the order:

At page 5 to include that Assessment when XXXs was yy years mm months using
the Wechsler Intelligence Scales for Children (WISC-5 UK) produced a general
ability index score within the average range.
At page 18 to include that XXX's cognition and learning needs will require to be
regularly monitored by the school’s Educational Psychologist for a minimum of one
visit per term of one hour to liaise and advise with staff.

Since then LA have not provided the EP per term for one hour. Considering the cost of the tribunal and that this was the second time and second time the LA have not provided provision as defined/ordered in EHCP I want to go directly to the Ombudsman with a view of getting some compensation. Is this a good/bad idea?

Do previous tribunals count?

Do previous tribunals count? Same young person, same LA, same developing diagnoses ASD/ADHD .. and more. Why do parents need to keep doing this. it's highly unfair.

It looks like I am going to have to go to tribunal yet again. This time the school he is in for KS4 is offering him a place for KS5. He is a brilliant fit for the school and most provision is imbedded. Most importantly he loves attending and wants to continue. Last tribunal got him in after which he thrived. it is private and hence costly and that's the only thing the LA seems to consider. Hence 2 previous tribunals.

Should my son's Key Stage Transfer Setting placement be named in the issued draft EHCP?

The placement offered to my Year 11 son for post 16 (just happens to be his current school) is one of our most important aspects of his new EHCP. We plan to fight for this placement via FtT if we have to. However, the LA (Surrey NE SEND) have issued the DRAFT EHCP and stated that section I (placement) is only completed in the FINAL EHCP. I thought the whole idea is of the draft is for parents/carers to object to contents (including placements) if they disagreeable with the students education needs AND setting. Can I request section I be completed prior to me responding to the draft?

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.

Is the STATUTORY requirement to issue the FINAL EHCP no later than eight weeks after the date on the 'LETTER INFORMING THE INTENTION TO AMEND EHCP'?

I just want to make sure I understand this clearly. For us the intention to amend letter is dated Dec 4th 2024 and the draft EHCP was issued on Feb 7th 2025. It was returned on Feb 14th with a couple of amendments and our setting preference letter and form. Today is Feb 28th 2025. It has been over 12 weeks since Dec 4th 2024.

I have seem narrative that states "but no later than eight weeks after the initial amendment notice" AND "Within 8 weeks of sending the parents/young person proposed amendments to the Plan"

The former therefore means that the draft EHCP issuing process (with 15 days for parents to respond) are part of the 8 week timeline i.e. Intention to amend to issuing FINAL EHCP.
The latter would mean that the LA have 8 weeks from issuing the DRAFT EHCP (in our case from Feb 7th 2025).

Can I write to the LA tailoring the ipsea letter template (url below) to request the final EHCP within 5 days as it has not been issued within 8 weeks of the intention update?

url of the letter template :

https://www.ipsea.org.uk/letter-to-la-when-it-has-or-will-breach-the-deadline-for-reviewing-and-amending-the-ehc-plan-in-advance-of-a-phase-transfer-template-letter-12

1. The above page has a helpful letter template.
2. The template specifically mentions the KS transfer deadlines i.e. 15 February / by 31 March / no less than 5 months before the transfer takes place.
3. The letter asks for action within 5 days.

Reasons for my query are:

My son is due to transfer to post-16.
It's been greater than 8 weeks since intention to amend letter.

BUT:
March 31st deadline for post-16 transfer is still a month away, so not breached.

SO;
I am wondering if this template/process is only relevant for the breach of "5 February / by 31 March / no less than 5 months before the transfer takes place" or can it be used in my case?

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?

Should I take a formal route now?

The intention to update the EHCP was some 12 weeks ago. I sent the draft 2 weeks ago. There is a a offer from the current school (preferred). This is the private school ,it looks like the LA is delaying to find a LA alternative. See email below from my case worker. This is the first time I have heard of a "naming EHCP".


"Thank you for your email.

Sorry for the delay in issuing the final – I was hoping to have confirmed placement stating continuation at <CURRENT SETTING> for September 2025 in relation to Key Stage Transfer as this would mean there would be no need to generate an additional ‘naming’ EHCP for September 2025.

Confirmation has not yet been received but will be confirmed in the coming weeks.

I can issue a final now as well as another one in a few weeks or are you happy for me to hold off issuing until continuation confirmed?

I look forward to hearing from you."

Does the final EHCP for KS4-KS5 transfer (Post-16) produced within 8 Weeks of intention to amend HAVE TO include the name of the setting for the transfer?

Does the final EHCP for KS4-KS5 transfer (Post-16) produced within 8 Weeks of intention to amend HAVE TO include the name of the setting for the transfer?
There seems to be 2 separate deadlines.

Deadline 1
Produce the FINAL-'ISH' EHCP which MAY NOT include the KS transfer setting, no later that 8 weeks after the intention to update declaration to parents.
If it includes the setting it is deemed the FINAL EHCP and no further EHCP is issued.


Deadline 2
Produce the FINAL - 'FINAL' EHCP which MUST include the KS transfer setting by March 31st.
This is only issued if the LA did not name the setting in the EHCP produced to meet deadline 1.

My LA have offered to produce EHCP for Deadline 1 albeit 12 weeks after intention letter and produce a 'naming" FINAL EHCP for deadline 2 later (see email text below). Is there anythingI can do to request the FINAL EHCP (with the setting named) in the next week or so?



"Sorry for the delay in issuing the final – I was hoping to have confirmed placement stating continuation at <SETTING AS REQUESTED> for September 2025 in relation to Key Stage Transfer as this would mean there would be no need to generate an additional ‘naming’ EHCP for September 2025.

Confirmation has not yet been received but will be confirmed in the coming weeks.

I can issue a final now as well as another one in a few weeks or are you happy for me to hold off issuing until continuation confirmed?

I look forward to hearing from you.

Kind regards"

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?