Wait, Why Is My EHCP Taking So Long? Understanding Delays in the Process

Navigating the world of Education, Health and Care Plans (EHCPs) can be a challenging experience for all families. If you've found yourself wondering why your EHCP is taking an unusual amount of time to process, you are not alone. This post aims to shed light on the common reasons behind these delays, providing you with useful insights and support as you navigate this complicated system.

What is an EHCP?

Before we delve into the reasons for the delays, let's start with what an EHCP is. An Education, Health and Care Plan is a legally binding document that specifies the necessary support for children and young people with special educational needs (SEN). This plan is vital not only for ensuring that children receive the educational support they need but also for securing access to essential services that can significantly improve their developmental outcomes. For example, an EHCP can stipulate Speech and language therapy, Occupational Therapy and physiotherapy sessions that may increase a child's mobility by up to 50%. It also is a legally binding document that can be used to take either the LA or Schools to task when it isn't being followed.

Common Reasons for Delays

Several factors can contribute to delays in the EHCP process. Understanding these can help you better navigate the waiting period. One thing we all need to be clear on is what is a reasonable delay and what is not a lawful reason.

1. Paperwork and Documentation

The journey to secure an EHCP assessment in real terms is very different from what schools and LA case handlers will tell you. I have experienced first-hand and as an Advocate, where the LA will quote the code of practice but yet not follow the law. The LA have also mixed it up by re-designing the system to what should be user-friendly however making applications even more overwhelming for parents and putting demand on that you MUST have 3 rounds of access, plan do, review. I want to be clear requesting an assessment for an EHCP can be requested in writing outlining your belief your child or young person meets the criteria for a statutory assessment.

2. Assessments

After submission, local authorities must evaluate the child's needs based on the provided documentation. This phase can experience delays, particularly in areas with high application volumes. Any public body (such as a local NHS service) who is asked for information and advice must respond within six weeks. This is set out in SEND Regulation 8(1) and paragraph 9.52 of the Code. The only exceptions to this are if:

• during that six week period, exceptional circumstances affect you or your child

• you or your child are away for a continuous period of not less than four weeks, or

• you fail to keep an appointment for an examination or a test.

This is a legal duty which must be complied with; it cannot be avoided because there is a long waiting list or because there are staffing shortages. If your LA is genuinely unable to get one of the necessary pieces of advice during the time frame in its usual way, it should consider alternative ways of getting the advice (for example, getting an independent report).

4. Resource Allocation

Limited budgets also impact how quickly EHCPs can be processed. Many local authorities struggle with financial constraints, often leading to fewer staff members available to handle the workload. As an example, one study uncovered that some councils have seen staff cuts of up to 25%, directly affecting service efficiency.

5. Meeting Legal Deadlines

Local authorities must meet specific legal deadlines for processing EHCPs. However, during peak periods, these deadlines can become challenging to meet. If an authority falls behind schedule, it can delay not only that application but many others in the queue. It's reported that nearly 40% of EHCPs processed in the past year were not completed within the stipulated 20-week period.

What Can You Do While Waiting?

While the wait for your child's EHCP can feel frustrating, there are proactive steps you can take to help expedite the process.

Keep Communication Open

Stay engaged with your local authority by reaching out regularly for updates on your application's status. Consistent communication can sometimes encourage faster responses and keep your application moving forward.

Document Everything

Keeping detailed records of all communications, submitted documents, and assessments is crucial. This information can be their best ally if a dispute arises or you need to verify any step in the process.

Understanding the Reviews and Appeals Process

If you're not satisfied with the decisions regarding your EHCP, it's crucial to know there are review and appeals processes available.

Reviews

EHCPs should be reviewed at least once a year to ensure they continue to meet the child's changing needs. Parents can request a review anytime if they notice significant changes that warrant it.

Appeals

If you disagree with your EHCP’s content or believe additional support is necessary, you can initiate an appeal. While this process can be lengthy and complex, it provides a formal opportunity to advocate for your child's needs.

The Future of EHCP Processing

While the current EHCP process can be slow and cumbersome, various proposals aim to streamline and improve it. Increased funding, better resource allocation, and refined processes are critical areas receiving attention from policymakers.

Legislative Changes

Legislators are starting to recognize the problems within the EHCP framework. Ongoing discussions focus on both the effectiveness and speed of services offered to families. The ultimate hope is that these changes will lead to shorter wait times and a more efficient process overall, allowing families to spend less time waiting and more time focusing on their children’s educational success.

The Path Ahead

It’s evident that the EHCP process is quite involved. With delays driven by factors like documentation, resource limits, and high demand, it’s vital to adopt a proactive approach. Maintain open lines of communication and stay well-informed to advocate effectively for your child's needs.

While the path may be long and winding, securing an EHCP is a crucial step toward getting your child the support and resources they deserve. Gaining an understanding of these delays can empower families to navigate the process with greater confidence. However the process should 20 weeks, it is proving more and more challenging for parents to get the LA to adhere to those time frames. The law states in the special educational needs and disability (SEND) Regulations 2014 at Regulation 13 (2) the local authority must finalise the EHC plan as practicable, and in any event within t 20 weeks of the local authority receiving the request for the assessment. If like many the timeline has delays or worst still completed ghosted by the LA please reach out to me direct.

independentsendadvisor@gmail.com