It's the summer holiday - do I need to respond?
It's the summer holiday - do I need to respond?
It’s nearly the summer break and there have been lots of posts asking things like:
What happens if I get an email asking for professional advice to go in a Needs Assessment request while school is closed?
My LA sometimes send EHCP placement consultations in the summer holiday. I am scared that we will get the child if I don’t reply.
Do I need to respond in the holidays to things like a form for an ADHD assessment? What if they get discharged because I did not reply?
I often get asked things like this and see people posting comments online A LOT so here are some answers, looking at each question in turn.
What happens if I get an email asking for professional advice to go in a Needs Assessment request while school is closed?
You normally should respond within 6 weeks (this is a legal requirement) however this legal requirement is suspended and you do NOT need to respond if your school is closed for “a continuous period of not less than 4 weeks during that 6 week period”. This legal statement is written in The Special Educational Needs and Disability Regulations 2014, Section 8.2a.
My LA sometimes send EHCP placement consultations in the summer holiday. I am scared that we will get the child if I don’t reply.
There are two statements relevant here. Firstly Children and Families Act 2014 Section 38.4 which requires the LA to “specify a period before the end of which any representations or requests must be made”. There is also CAFA 2014 Section 39 which states who must be consulted and schools are of course on that list.
It is important to note that unlike EHCNAs (Question 1), there is NO TIME EXEMPTION for the summer holidays.
My advice is that you email your LA SEND dept at the end of term in July stating that you will respond by “x date” when you return as the summer holiday period is non-contractual i.e. you are not obliged to be working. I also recommend an autoreply - read on for suggested wording!
Do I need to respond in the holidays to things like a form for an ADHD assessment? What if they get discharged because I did not reply?
As in question 2, there is no time exemption in law however there is also no law requiring you to respond at all (at any time of year) as ADHD / Autism forms etc. are non-statutory although to refuse / ignore completely is NOT advisable regarding equality and discrimination rules as well as fulfilling your professional duties.
I have always found it useful to have an autoreply to cover these situations as well as to email out a quick message to parents if you anticipate a few requests coming in over the summer break. This helps to manage expectations around when you will respond - you can include a date in the new term showing when you will complete any diagnosis forms.
The Autoreply - please feel free to copy and paste!
Thank you for your email. Our school is currently closed for the summer holiday. Staff are not contracted to work during this period. We will therefore begin reviewing and responding to messages upon our return, beginning on DATE
Specific Issues
Requests for professional advice to support an Education, Health and Care Needs Assessment (EHCNA)
Under Section 8(2)(a) of the Special Educational Needs and Disability Regulations 2014, the usual 6-week response timeframe is suspended when a school is closed for 4 or more continuous weeks. As such, any requests received during this period will be addressed after the holiday period.
EHCP placement consultations
This email acknowledges receipt of consultation. I will respond in the new term - please expect a reply by DATE. I will formally object should our school be named without proper consultation.
Diagnostic assessment forms (e.g. ADHD, Autism)
This email acknowledges receipt of the request for information. I will respond in the new term - please expect a reply by DATE. I will challenge any discharge of this pupil should you state “lack of response from school”.
