How do I get an EHC plan if I currently have a Statement? Expand Your LA will need to ‘transition’ your Statement over to an EHC plan. There is a particular process they must follow which is set out in IPSEA’s transition timeline. This must involve an EHC needs assessment. All transitions should already have started. This means you can complain to your LA about the fact that they haven’t yet started this process. Check our page on what will happen to your Statement after the transition deadline to find out whether you should push for transition straight away or if you can simply keep the Statement for the time being.
The LA have started the transition process, but have said they don’t have time to get any new advice. The most recent educational psychologist report is nearly 5 years old and is no longer accurate. What can I do? Expand Every child or young person with a statement must undergo a full EHC needs assessment before they can obtain an EHC plan. There are no exceptions. The LA can only rely on previous information (including advice which was provided for the statement) if: The advice is sufficient for the purpose of a EHC needs assessment; The author of the report agrees to it being used; and The parent or young person agrees to it being used. Importantly, if you do not agree to any of the existing advice being used, the LA must seek new advice, regardless of how recent the advice is that they wish to rely on. See IPSEA’s transition timeline for more detail on how the LA should carry out transition.
How should the LA involve me in the process? Expand The views, wishes and feelings of children, young people and their parents, and their participation, must be central to every decision the LA makes in regard to assessing a child or young person’s SEN and how to support them. If they do not involve you, any subsequent decision is illegal and can be challenged. The LA can be made to do the assessment again. It is not good enough to offer a ‘token’ involvement.
I still have a Statement and the LA have not started transition, and my child is meant to be moving school soon. Can the Statement be amended? Expand Yes. As described in the section about your rights if you still have a Statement, the Statement should still be reviewed every year, and can be amended. However, you might be better off pushing for an EHC needs assessment as part of transition (which the LA should already have started) – you can use our model letter to do this. If you have an EHC needs assessment, it will be an opportunity to obtain up-to-date information and advice about your child in advance of their move to a new setting.