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Reply To: Draft EHCP query

Lucy Atherton

Dear Pamela,
Yes the parents should make their own “representations” within the 15 day time period and negotiate with the LA about the provisions they would like on the EHCP but the LA will only act on the evidence it has from a professional report so they would need to submit an independant report aswell. It is very much worth having a report from you if they do not agree with the LA and want your recommendations included in the EHCP. They can also “stop the clock” (as it were) by saying they dissagree and need a little more time to submit their evidence. Most LAs will allow this but if they are particularly hard-nosed they may not and may go ahead and send a finalised plan along with the statutory information about how to appeal. Your report could then be used as part of the mediation process or during the steps on the way to a tribunal if the parents are prepared to go down this route.

IPSEA is an invaluable source of information about all this and provides letter templates to use to make you representations etc.
They can look at http://www.ipsea.org.uk
Hope that helps,