Transition Transfer EHC Process

Bournemouth Borough Council
Children and Young People’s Service
(Vulnerable Learners including SEN)
TRANSITION ARRANGEMENTS FOR TRANSFERRING LEARNING DIFFICULTY ASSESSMENTS
(LDAs) TO EDUCATION, HEALTH AND CARE (EHC) PLANS – September 2014
Over the next 2 years the local authority will consider all young people with a current
Learning Difficulty Assessment (LDA, also known as a Section 139A), to determine whether
they need an integrated education, health and care assessment leading to an Education,
Health and Care Plan (EHCP). The transfer process for any young person requiring an
EHCP must be completed by 1st September 2016 for this particular group of learners who
are above statutory school leaving age.
From 1st September 2014 young people can continue to receive their support through their
LDA until they finish their current course or until 1st September 2016 at the latest.
During this period young people with a current LDA can request an EHC assessment and
this will be considered by the local authority. Where this request is agreed by the local
authority a full 20 week EHC assessment will be carried out.
The local authority will consider any request for assessment in the same way as a request
from any other young person and will build on existing assessment information and
reports, including the LDA where it remains accurate and up to date.
An EHC plan should be in place by 1st September 2016 for young people in further
education and training who receive provision as a result of an LDA if they are continuing in
further education or training beyond that date.
The local authority is currently collecting information to identify the young people in
Bournemouth who have a current LDA. Between 1 September 2014 and 1 September 2016
the local authority will write to all these young people to advise them of their options and
to signpost them to sources of independent/impartial advice and guidance.
In order to help ensure that all eligible young people continue to receive appropriate
support at the end of the transition period the local authority will be under a specific duty
in the 2015/16 academic year to consider whether an EHC assessment is required for
young people who are likely to continue to receive further education or training beyond
31st August 2016.
The local authority will propose the initiation of an EHC assessment where a young
person has a current LDA and:
a) seems likely to be continuing in further education or training beyond September
2016, or
b) has a clear and continuing educational need for further education or training
beyond September 2016, and
c) seems likely to require access to top up (element 3) funding from the local
authority to access further education or training beyond September 2016 or will
be taking up a specialist placement.
1
The local authority will write to the young person to indicate why a statutory EHC
assessment is being proposed and how the process would be carried out. The young
person will be asked for his/her written agreement to the assessment.
On receipt of the young person’s written agreement the Local Authority will formally
consider beginning the statutory 20 week EHC assessment.
If a young person indicates that he/she does not wish a statutory EHC assessment to be
formally considered the local authority is unlikely to proceed further but will need to
carefully consider individual circumstances before making a final decision. A meeting with
the young person and his/her family or representative may be offered.
Where a young person lacks appropriate mental capacity to make a request for statutory
assessment, the local authority will instead write to the person(s) who hold parental
responsibility or equivalent authorisation.
The local authority will not propose to initiate an EHC assessment where a young
person has a current LDA but:


seems likely to finish further education or training before September 2016
seems unlikely to have a clear and continued educational need for further
education or training after September 2016
or does have a clear and continued educational need for further training after
September 2016 but seems unlikely to need top up funding from the local authority
in order to access the placement
The local authority will write to the young person to indicate why a statutory assessment
is not being proposed. The letter will advise that if the young person is in agreement then
they need do nothing further.
Where a young person does not agree with the local authority and maintains the view that
statutory assessment should be formally considered he/she will be invited to write to the
local authority to request this. Upon receipt of such a request the Borough will give it
formal consideration and will either agree to start statutory assessment or conclude that
statutory assessment is not necessary and advise the young person of their right to appeal
to the SEND Tribunal. Where a decision not to proceed is made, an offer will also be
made to meet with the young person and/or their representative/family.
Where a young person lacks appropriate mental capacity, the Borough will instead follow
the above process with the person(s) who hold parental responsibility or equivalent.
Changed circumstances
Where a decision not to consider or proceed with statutory assessment has been made, it
will be necessary to reconsider this decision where there is a significant change in
circumstance that seems likely to trigger the need for top up funding from the Borough on
or beyond 1st September 2016. This could include a significant change in need or
complexity, the breakdown of an existing placement or the need to consider a provision
that is considerably different to that originally identified.
In such circumstances, requests received from young people/their representative or
receipt of new evidence will be treated as a new request for statutory assessment and
considered accordingly.
2
How will the Borough ensure all young people with a LDA are contacted ?
It seems likely that Local Authorities will not hold a complete list of all young people who
have a current LDA but will be aware of all young people with a LDA for whom they are
currently paying top up.
Where a young person with an LDA becomes known to the Borough before 1st September
2016 it will apply the process documented above. It seems unlikely that a young person
with a current LDA who would require an EHC statutory assessment would not become
known to the Borough within this period.
Requests for statutory EHC assessment received from young people aged post 16 after 1st
September 2016 will be treated in the same way as a request from any other young
person.
3

Download Report