Freedom of information response

EHCP Plans

Publication date: 
Monday 4 November 2019
Request: 

1. What are the SLAs to send the EHCP plan to parents

2. Who is responsible for reviewing whether the SLAs are met and to accomplish them annually. Has the concerned authority reviewed the SLAs annually. Since the SLAs have been missed what action, concerned authority is supposed to take and what actions were taken.

3. What escalation concerned authority is required to do and what escalations were raised ?

4. Could I request you to publish the total number of EHCP plan which has been delayed with no of years and has not been sent to parents. (As per table below)

Applicable EHCP Plan for Year  EHCP Plans Completed   EHCP Plans Delayed        Delayed and not Sent from 1 Year     Delayed and not Sent from 2 Year         Delayed and not Sent from 3 Year            Delayed and not Sent from 3+ Year

2016-07-01                                                               

2017-07-01                                                               

2018-07-01                                                               

2019-07-01

5. What legal provision is in place to compensate for the above failure and how thurrock council in coordination with SEN would like to compensate for this failure.

6. Finally, Please advise whether the above issue is due to Funding issue, So the escalation to Chancellor /Tribunal can be initiated asap

Response: 

1.  The Local Authority works to the statutory 20 week timescale for sending new EHCPs, in line with the 2014 Code of Practice and Regulations. Plans are not re-issued annually but can be amended after an annual review.

2.  There are no SLAs in place as the Local Authority works to the statutory 20 week deadline for new plans. Plans are not issued annually. New requests are monitored by the Service Managers and plans at risk of not meeting the 20 week deadline are raised to senior managers, the strategic lead , SEND Board.

3.  All new plans are monitored and those at risk of not meeting the 20 week deadline

4.  No plans have been delayed for more than a year

5.  Parents have the right to make a complaint to the Council with regard to its fulfilment of Statutory Duties in line with the Council’s complaint procedures and this can be escalated to the Local Government Ombudsman as appropriate. Any disagreements within the SEND processes are subject to the Mediation and SENDIST arrangements set out in the SEND Code of Practice 2014.

6. n/a

Please see following web link https://www.thurrock.gov.uk/support-for-parents-and-carers-whose-children-have-special-needs-at-school/education-health-and-care which provides a link to the 2014 Code of Practice and Regulations.

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Request reference:
FOI 9233