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What can you do if the local authority are not sticking to statutory EHCP timeframes?

Aug 06, 2023

You can follow some of these simple steps:

If the local authority does not follow EHCP timescales, it can significantly delay providing necessary support and provisions for children with special educational needs (SEN). It is important to take appropriate action to address the situation and ensure that your child's rights are protected. Here are some steps you can take:


1. Communicate with the local authority and express your concerns about the delay in the EHCP process. Keep a record of all communications, including emails and letters, as evidence of your efforts to resolve the issue.


2. Ask the local authority for an explanation for the delay. Sometimes, there might be genuine reasons for the delay, such as heavy caseloads or a shortage of staff. 


3. Remind the local authority of their legal duty to follow the EHCP timescales as outlined in the SEND Code of Practice.           


5. Make a formal complaint to the local authority if communication does not yield satisfactory results. They have a formal complaints procedure in place and it should be followed.


6. Seek advice from charities, educational solicitors or an advocacy service with expertise in special education law if the delays persist and impact your child's access to appropriate support. This is something EHCP 4 Kids can support you with.


7. Contact the Local Government and Social Care Ombudsman if your formal complaint remains unresolved.


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