WAY FORWARD MEETINGS
Way Forward Meetings (WFM) are an informal dispute resolution and provide an opportunity to discuss the reasons behind the panel's decision for refusal to assess (RTA) for an Education Health and Care Needs Assessment (EHCNA) or a refusal to issue an EHCP, following an EHC Needs Assessment.
The EHC Coordinator is unable to change the decision at the Way Forward Meeting; however, it does provide the opportunity to discuss further evidence that would be required so that a subsequent EHC needs assessment request can be made, should parents or school wish to do so.
The meeting provides an opportunity to discuss the provision that is already available in school to support your child or young person, and to agree how further SEN support can be implemented or if advice is required from the Outreach Advisory services.
The Graduated Approach: A Guide for Parents and Carers | Central Bedfordshire SEND Local Offer
How should your nursery, school or college help?
Chapter six of the SEN and Disability Code of Practice 2015 (the Code) sets out the actions that mainstream schools (including mainstream academies) should take to meet their duties in relation to identifying and supporting children with SEN.
There is no statutory right to a way forward meeting, a next steps meeting, or any other informal dispute resolution arrangement.
The school needs to be in attendance and that they have presented all information needed in terms of demonstrating what they are using their SEN budget for and the provisions they are implementing that goes above and beyond SEN Support stage 2.
If further evidence is provided and the EHCP Coordinator advises making a new EHC Needs Assessment request, it is important that all documentation, reports that were included with the first EHCNA request are resubmitted with the further evidence.
Once received the LA will issue an acknowledgement letter which will then restart the statutory timeframe, of 6 weeks to inform of their decision to assess or refuse to assess.
Should the panel’s decision remain the same, you have two months from the date of the decision letter to lodge an appeal.
Should the panel agree to assess for an EHCP, the LA must tell you that it is starting, then either let you know if they have decided not to issue an EHCP within 10 weeks or send a finalised EHC plan within 14 weeks. To meet this deadline a draft EHCP will need to be issued within 12 weeks
What is the difference between a Way Forward Meeting and Mediation?
Mediation is a statutory process.
You have the right to mediation whenever the LA makes a decision which you can appeal to the SEND Tribunal, or when an EHC plan is made, amended or replaced (this is set out in section 52 of the Children and Families Act 2014)
If you want to take part in mediation, the LA cannot refuse to arrange it or refuse to participate in it. There must be a representative from the LA who has the authority to make decisions in attendance.
Should the panel’s decision remain the same, you have two months from the date of the decision letter to lodge an appeal.
Should the panel agree to assess for an EHCP, the LA must tell you that it is starting, then either let you know if they have decided not to issue an EHCP within 10 weeks or send a finalised EHC plan within 14 weeks. To meet this deadline a draft EHCP will need to be issued within 12 weeks
If you have participated in a WFM, be mindful that you may still find yourself wanting to appeal. If your appeal deadline is getting close, it is advisable to take steps to consider statutory mediation and (unless mediation resolves the issue) submit an appeal.
The right to appeal is time-limited, so you should take care not to miss your appeal deadline whilst waiting for the LA to action anything it informally agreed to do.
Things to consider when considering evidence for an EHC Needs Assessment
SEN support plans
Behaviour Logs
Triggers
School reports
Provision maps
Progress trackers
Outcomes towards other areas of development
Are all recommendations from external services transferred into SEN support plans?
Health advice (such as SALT, OT, paediatric etc.) provision must be education and training
Email correspondence
Subject Access Requests Attendance data
DLA / PIP
Additional Health reports, such as diagnosis reports
Independent Reports
Impact at home
Phased transfer – can next school meet needs?
Written statements from those involved with your child or young person such as a teacher or someone who knows them from outside school, such as a worker at a youth club or a carer.
Parent or young person, views, and experiences – what you have to say is evidence.
Child’s views, written by themselves if they are able to do so or via a third party.
Home–school diaries.
Examples of your child or young person’s work overtime.
