Education, health and care plan (EHCP) wait upsets parents over uncertainty of where their children will go to school in September

Parents and students across the county start their long-awaited summer holidays this week.

But for some, the excitement is overshadowed by worries over what will happen in September as they are yet to have a school place confirmed.

The uncertainty arises from the wait for an education, health and care plan (EHCP) in place. These plans set out the additional support needed for children with special educational needs.

Local authorities are required to finalise the plan “as soon as practicable” but should be complete within 20 weeks of the initial request for assessment.

Kent County Council (KCC) has acknowledged “there will still be some people awaiting confirmation of a placement while negotiations are ongoing” it says it will continue to engage with schools and colleges throughout the summer holidays.

In Medway, the issue was addressed at a Medway Council meeting on Thursday (July 18).

Cllr Tracy Coombs (Lab), cabinet member for education, said: “We are working hard to reduce the assessment waiting time against some considerable challenges that are national issues.”

She noted the national shortage of educational psychologists (EPs) as one of the challenges but said reducing the backlog has a “high priority” with a dedicated assessment team working to complete the process.

As part of efforts to clear the backlog she also added that that additional EPs had been employed and the recruitment process was ongoing.

“We continue to work on reducing the backlog and we recognise it means that some young people could be waiting a considerable time before they can access the support they need,” she added.

And while hard work is going on behind the scenes, it leaves parents and pupils waiting anxiously to find out what will happen come September.

Mandy Swords daughter Teagan has autism, anxiety and ADHD and received her first EHCP plan when she was 11.

She underwent an annual review on March 13 and is nearing the 20-week limit. But as the summer holidays begin, the family from Sheppey are keen to get the assessment back so they can plan for September and hopefully send her to Canterbury College.

Mandy, 45, who works as a carer, said: “I feel angry, upset and sorry for Teagan as if she doesn’t have a place by September, I will have to give up work because she can’t stay at home on her own.

“Because she is 18, I can’t get her a home tutor or home school her.”

Lauren Windget’s daughter Isobel is suffering the most extreme delays with an EHCP that is two years out of date.

Isobel suffered a brain injury when she was two-and-a-half which left her with a tracheostomy - which helps air reach the lungs through an opening in her windpipe - and requires around-the-clock support.

Now she is six years old and is yet to have a day at school.

A meeting in May this year between Bean Primary school, the local authority, and special educational needs and specialist teaching services said they could not place Isobel at the school due to “unreasonable public expenditure” to make the premises accessible.

However, Lauren believes that Isobel was rejected because of the out-of-date information about her daughter’s needs, saying “why hold a meeting if her EHCP is out of date? Based off the old EHCP the school would not be suitable, but that’s not the case currently”.

She said: “I just do not know what to do when the SEN department has all the power, I have no control in getting Isobel into school.”

Now the mother-of-three says “I do not know where to turn” and reports being “left in limbo” at Isobel’s educational expense.

Mandy and Lauren aren’t alone. According to official government statistics the number of EHCPs has continued to increase since they were introduced in 2014.

The figures show the number of children and young people with EHCPs increased to 576,000 in January 2024, up by 11.4% from 2023.

And those waiting beyond he 20 weeks is a huge 49.7% - although this has improved since 2022 when the figure was 50.8%.

As frustrating as it is for parents, there are people who can help.

Rukhsana Koser is a solicitor and partner at Langley Wellington LLP Solicitors who specialises in helping parents who have children with special educational needs.

She works predominantly to help families secure places at schools that can meet their needs.

Mrs Koser said: “There will be lots of parents not enjoying the summer break now because they still have anxiety on where their child will be in September and what the provision will be.

“The EHC needs assessment is a 20-week process which is a statutory timescale which the local authority must comply with.”

If the local authority goes over this time scale, she advises parents to write to the director of children’s services to alert them.

She said: “There is never a defence to the fact the local authority has breached its statutory duty, it is not the parents’ or the child’s fault in any way that the local authority is lacking in resources.

“Lack of resources, lack of staff, changes in staff are not defences to not meeting statutory time scales.”

To simplify the process, Rukhsana recommends parents diarise key dates and time scales to keep the local authority to those timelines.

If the child hasn’t got a placement in September, she says section 19 of the Education Act 1996 comes into play where the local authority has to provide education.

This act means the local authority must make arrangements to provide education for those of compulsory school age, who need special arrangements made due to illness, exclusion from school or other reasons.

A Kent County Council (KCC) spokesperson said: “Our special education needs and disabilities (SEND) service is continuing to improve.

“Where a child has more complex needs, transferring from primary to secondary school or another setting, we acknowledge there will still be some people awaiting confirmation of a placement while negotiations are ongoing.

“KCC will continue to engage with schools and colleges throughout the summer holiday and parents are advised to maintain contact with their caseworker.”

KCC has been contacted for a comment on Isobel’s EHCP delay.