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Transition process timeline

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Transition from a Statement will require the EHC Assessment to be carried out as per transition plan with prioritisation of key groups as per DfE Guidance. A refusal by the Local Authority to transition to an EHCP earlier than their own transition plan requires is not appealable. The right to request an EHC Needs Assessment has been suspended for children with Statements for the transition period.

The transition process should be completed within 18 weeks in total. Transition from a Statement should proceed as follows:

Timeline

What happens?

When should it happen?

LA sends a letter to parent/ young person informing when the EHC needs assessment will begin. The start date must be at least 2 weeks from the date of this letter.

As per your LA transition plan, and in any case at least 2 weeks before the EHC Needs Assessment begins.

EHC Needs Assessment begins: LA must gather evidence about the person’s needs, required provision and outcomes expected from the provision being put in place. See attached information sheet on details of agencies that will contribute to this.

 

Week 0

Advice from requested agencies to be sent to LA

6 weeks from request being made by LA

At some point during the process the LA must hold a meeting with the parents or young person.

The hosting of the meeting may be delegated to a school/college if they agree, but an officer of the LA who can make SEN decisions must attend.

 

 

 

Sometime during Weeks 0-12

A draft EHCP will have been produced and sent to the parent or young person.

The parent or young person then has at least 15 calendar days after receipt of the draft plan in which to:

  1. make representations to the LA about the contents of the draft EHC plan;
  2. ask for a meeting with an LA officer to discuss the draft EHC plan;
  3. tell the LA the type of school/college (mainstream or special) and the actual school/college they would like named in the final EHC plan.

 

 

Week 12-14

 

(Note – the new law does not specify a particular date by which a draft EHCP has to be issued but in order to comply with the legally specified timescale of 18 weeks and to allow the required consultation periods, the draft Plan will have to be issued by this time).

If the LA decides not to issue an EHCP, having carried out the EHC needs assessment it must notify the parent/young person in writing, giving the parent/young person the right of appeal to the Special Educational Needs and Disability Tribunal against the decision to refuse to issue an EHCP. The existing Statement must be maintained pending the resolution of the appeal.

 

 

 

 

Week 14

The 15 days the parent/young person have to respond to the Plan with their representations and notify their school choice will expire.

 

 

Week 15-16

LA must consult with the school/college the parent or young person has requested. School or college should respond within 15 days.

 

 

Week 16

Final EHCP issued by the LA. Statement automatically ceases on issue of Final EHCP.

 

Week 18

 

If you are applying for SEN support for your child now and do not have any existing provision in place, getting an EHCP (non-transition) agreed should proceed as follows:

Timeline

What Happens?

When should it happen?

Written request for EHC Needs Assessment made to LA

Week 0

EHC Needs Assessment begins. LA must gather evidence about the person’s needs, required provision and outcomes expected from the provision being put in place. See attached information sheet on details of agencies that will contribute to this.

Week 6

Advices from requested agencies to be sent to LA

6 weeks from request being made by LA

 

Draft EHCP issued to the parent or young person.The parent or young person then has at least 15 calendar days after receipt of the draft plan in which to:

  1. make representations to the LA about the contents of the draft EHC plan;
  2. ask for a meeting with an LA officer to discuss the draft EHC plan;
  3. tell the LA the type of school/college (mainstream or special) and the actual school/college they would like named in the final EHC plan.

 

Week 14

 

(Note – the new law does not specify a particular date by which a draft EHCP has to be issued but in order to comply with the legally specified timescale of 18 weeks and to allow the required consultation periods, the draft Plan will have to be issued by this time).

 

 

LA to consult with the school/college the parent or young person has requested. School/ College should respond within 15 days.

 

If the LA decides not to issue an EHCP, having carried out the EHC needs assessment it must notify the parent/young person in writing, giving the parent/young person the right of appeal to the Special Educational Needs and Disability Tribunal against the decision to refuse to issue an EHCP.

Week 16

Final EHCP issued

Week 20

 

Contact Access Legal Solicitors

Access Legal Solicitor’s Education Law team are amongst the country's leading experts in this area of law. We have years of experience working with parents and will provide initial advice and explain the options available to you entirely without any obligation.

Our goal is to ensure your child receives the best education for their needs, not to put families under even more pressure than they already are. It’s why we do this work. Call our free helpline on 03700 868 686 for more advice.

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