Transferring children and young people from statements and Learning Difficulty Assessments (LDA) to Education Health and Care (EHC) plans
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 LDAs 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 and would benefit from an LDA to identify their learning needs and the provision required to meet those needs. So, if your child is currently receiving support as a result of an LDA and remains in further education or training during the transition period, you can expect them to have an EHC plan if they need one.
Local authorities should transfer all children and young people who have a statement or receive support as a result of an LDA 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 and LDAs will transfer to the new system. They must make sure that:
- All young people who receive support as a result of an LDA who need an EHC plan should have one by September 2016, and
- All children with statements who need an EHC plan will have one by April 2018
Your child’s statement or LDA will remain in force until it is replaced with an EHC plan.
Details of Portsmouth’s plan for transferring statements and LDAs to EHC Plans is on the Local Offer.