How to make a draft EHCP legally enforceable

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How to make a draft EHCP legally enforceable

Parent Question:

My daughter, who is 16, has a draft EHCP. The LA have issued transition arrangements for Children & young people with Statements, but make no reference to those with draft EHCP's. What should the LA be doing to make the draft a legally enforceable EHCP?

ipsea answers

IPSEA Answers:

Does your daughter have a statement of SEN (as well as the draft EHC plan)? If she does then she will transfer to a “legal” EHC plan – once an EHC assessment has been carried out - in accordance with the timetable in your LA’s transition plan.

If she does not have a statement of SEN then the Statutory Guidance on transition issued by the DfE makes it clear that those with a non-legal (i.e. illegal) EHC plan must be a priority group for this first year to go through an EHC needs assessment and be issued with an EHC plan. Read the briefing that we have written at IPSEA on transition and then write to your LA and ask them when they intend to start this process. If it is not clear when you receive your reply then please contact IPSEA for individual advice.