DfE issues new transition advice

On 13 July Edward Timpson, Minister of State for Children and Families, wrote to Directors and Lead Members of Children’s Services for all local authorities in England. That letter is here. At the time we considered what conclusions could be drawn from this letter.

The letter set out that the timetable for transition from Statement of Special Educational Needs to Education, Health and Care Plan was to be extended. Following the introduction of EHCPs in September 2014, local authorities were expected to prepare plans to move all children with a Statement to EHCPs. Each child had to go through a transition process which would take 16 weeks. The time limit for that process has been increased to 20 weeks.

Transition from Statement to EHCP is a significant undertaking. It requires the local authority to seek and collate a large amount of professional advice in a short space of time. It also requires a number of other agencies to provide advice in a very short space of time. It seems that agencies such as social care and health are having real difficulties with this. In those areas, particularly health, waiting lists of several months are not uncommon. Requiring those same agencies to provide advice within six weeks was clearly proving too difficult.

The DfE has today sent out, via its SEN Implementation emails, confirmation of the new departmental advice which will take effect from 1 September 2015.

The new departmental advice can be found here. It is third version of the advice issued in a year.

There is a helpful introduction in the advice which sets out that whenever the word “must” is used, it refers to a statutory obligation. Therefore, it can be enforced although not necessarily through this advice. Where the word “should” is used, that is an indication of what the DfE expect local authorities to do.

The advice extends the whole process of transition to 20 weeks. It also clarifies that the whole process can take 20 weeks, including a two week notice period. This means that the process will be as follows:

1. The local authority provides notice that it will commence transition from Statement to EHCP

2. Two weeks after that notice is sent, the local authority begins an 18 week procedure of moving from Statement to EHCP

An EHC needs assessment must still be completed during the transition from Statement to EHCP. The advice that must be collated is the same, it is just that local authorities have more time to gather it and prepare an EHCP.

This change is relevant from 1 September 2015. That means that letters dated on or after 1 September 2015 will start a 20 week timetable. Any letters sent before that date will fall under the 16 week timetable.

Changes

Aside from the creation of the 20 week timetable, the advice has been chopped and changed substantially. Much of the changes are simply re-arranging the content. We detail here the substantive changes made:

• A list of the primary legislation referred to. Whilst vaguely helpful, the advice does not set out the sections of the relevant legislation, meaning the list is fairly unhelpful to anyone not already fluent in the legislation.

• Addition at paragraph 1.8 to again remind local authorities that they must conduct an EHC needs assessment in order to move from Statement to EHCP.

• Addition at paragraph 3.8 to reiterate that a parent or young person may request a reassessment of their needs under the Education Act as long as they continue to have a Statement.

• Addition at paragraph 4.7 highlighting that the local authority’s plan for moving all children with Statements to EHCP should be published on their website.

• Addition at paragraph 5.9 requiring that local authorities must minimise disruption to the child, young person and their family when arranging any meetings to discuss the move to EHCP.

• Addition at paragraph 5.10 setting out the points local authorities must consider before deciding whether current advice is “sufficient”. This applies where a local authority is deciding whether to suggest to parents that new advice is not necessary during the EHC need assessment process. It is worth remembering that parents must agree with the local authority that current advice is “sufficient”. If parents disagree with the local authority, new advice must be sought by the local authority.

• Addition at paragraph 5.15 setting out when the time limits will not apply.

Conclusions

This advice was expected. It reflects the changes that were announced and the additions to the advice seem to be helpful. There are no removals which cause any concern which is a great relief.