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To PAP or not to PAP
To PAP or not to PAP
Use of judicial review pre-action protocol (PAP) during the EHC process
Please note the below is ‘some’ of the times you may need to consider pre-action and will be dependent on individual circumstances and whether appeals have had to be lodged. It is best to obtain legal advice on your matter.
| EHC Needs Assessment Request and Decision (0-6 weeks) | When you submit the EHC needs assessment request diarise 6 weeks from that date for a decision. Week 5: Check with the LA they are aware of this date and that you expect the decision notice to be received by 5pm on that date. Week 6+1 day: If you have not received your decision notice, send an email to the LA saying if not received by 5pm on the following day you will escalate to judicial review pre-action Week 7: If you have still not received the decision notice, you need to consider judicial review pre-action. |
| During the EHC needs assessment process (6-16 weeks) | Week 16: They must inform you by week 16 if they are NOT going to issue an EHC plan. At week 15 we would advise you contact your case worker and remind them of this deadline. Week 16+1 day: If you have not received your decision notice, send an email to the LA saying if not received by 5pm on the following day you will escalate to judicial review pre-action Week 17: If you have still not received the decision notice, you need to consider judicial review pre-action. |
| Draft EHC plans | If the LA has provided you with a letter saying it will issue a draft EHC plan but does not do within 5 working days, you need to consider judicial review pre-action |
Final EHC Plans | The Final EHCP is normally to be finalised by week 20 however, if you have had to appeal a refusal to assess, or refusal to issue, this is subject to change. You may need to consider judicial review pre-action if there are any unreasonable delays in issuing. It may be worth seeking individual advice on this. You cannot submit a judicial review pre-action forcing the LA to name a certain placement. The LA may still name a placement you do not want, or refuse to make your necessary amendments. You would then have to lodge an appeal with the SEND tribunal. |
| Annual Reviews | The LA must issue its decision notice within 4 weeks from the date of the annual review. This notice will state whether they will make no changes, amend the EHCP, or end the EHCP being in force. Week 4+1 day: If you have not received your decision notice, send an email to the LA saying if not received by 5pm on the following day you will escalate to judicial review pre-action Week 5: if you have still not received the decision notice, you need to consider judicial review pre-action. If the LA issues the decision letter but no amendment notice, this needs to be challenged as this is delay tactics If the LA does not issue the final amended EHCP within 12 weeks of the annual review meeting, you may need to consider an initial email to the LA and then judicial review pre-action if still unsuccessful. |
Whilst in most cases the LA will provide the necessary paperwork on submission of a PAP, you may need make further challenges depending on what is issued . If it is decision not in your favour, or final EHCP, you will have a right of appeal and be able to get in the ‘appeal’ system without further delay.
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