The legal test of when a child or young person requires an EHC plan remains the same as that for a statement. So, if your child has a statement and would have continued to have one under the current system, you can expect them to be transferred to an EHC plan.
No child or young person should lose their statement and not have it replaced with an EHC plan simply because the system is changing.
Similarly, local authorities have undertaken for young people either because they had a statement at school or because, in the council’s opinion, they are likely to need additional support as part of their further education or training to identify their learning needs and the provision required to meet those needs.
Local authorities should transfer all children and young people who have a statement or receive support into the new system as quickly as they are able to, but this will take time to do properly. Your local authority should consult local parents, young people and professionals to develop a plan setting out the order in which children and young people with statements will transfer to the new system. They must make sure that all children with statements who need an EHC plan will have one by April 2018.
Your child’s statement will remain in force until it is replaced with an EHC plan.
If your local authority decides to cease your child’s statement and not replace it with an EHC plan, then you will be able to challenge that decision if you disagree with it. If you decide to appeal to the SEND Tribunal, your child’s statement will stay in force until the appeal is decided. If your child receives support as a result of an LDA and your local authority decide not to issue an EHC plan, you can challenge this decision too. Plymouth Information, Advice and Support for SEND can support you with this.
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