Ehcp child refused first choice

Don't let them put you off. If you aren't happy with the school's reasons for refusal, go to tribunal. If the school won't give you reasons, go to tribunal.

Far too many schools and LAs fail to deal with EHCPs properly. I'm sure they would prefer it if parents didn't take them to tribunal and expose their shortcomings.

The problem is OP you have a month from the date of the letter to start the appeal process. If you have only just got it, you need to contact the mediation number on the letter today. You really don't have much time.

The SEN key worker might not be an impartial judge here. Don’t be dissuaded from going to SENDIST if that’s what you want to do.

It doesn’t apply to the OP, but there are a minority of circumstances where a school is not named in section I, such as EOTAS.

Appealing to SENDIST isn’t a waste of time, the majority of appeals are upheld. Don’t listen to the LA, they will tell you what they want you to know and their own unlawful policies.

If the first choice of school has reviewed his EHCP and stated it cannot meet need, it may be helpful to request the documentation that gives the rationale as depending what it is, it will probably influence your chances at appeal.

Appeal. We did and got very stroppy and prepared to get solicitors involved. Got our choice.

In that case, there are two things you can go.

One: go down the SENDIST route to challenge the ECHP and why it didn’t name your preferred school. If you succeed here, the ECHP will name your preferred school and you’ll get a place. There’s a link to Ipsea in an earlier post.

Two: independently of that, you can appeal for a place at your preferred school. The panel can’t really address the issues about the ECHP (because there’s a separate route for that) but you can use the appeal to highlight your son’s needs and all the benefits he would get from attending the preferred school. You can also point out to the panel that you wouldn’t be in this situation if the LEA had communicated better about the ECHP.

Ok, so that shows that they met statutory timelines but you still have a right to know why school 1 turned him down, and to appeal to the SEND tribunal.

You need to consider mediation first (you don't have to actually do mediation if you don't think it will help), so that sometimes resolves things without going to tribunal.

I don't know who told you this, but there is only one type of EHCP. A legal EHCP has to name a school. A draft EHCP can name a type of school, while the LA consults with schools, but the final EHCP must name a school.

There's more than one kind of ehcp - some do list a suitable school but others do not, they just list any needed adaptations. You say your preferred option said they couldn't meet needs? Find out why because that is your basis for appeal. You say you had issues with the other school, that alone may not be enough to overturn the decision. Getting as much information as possible is key

It’s also worth pointing out unless the school is wholly independent the LA can name the school even if the school objects and the LA must name them unless the LA can prove one of the reasons Lougle posted above.

As others have said, your son shouldn't need to go through the normal admissions process if he has an EHCP. You should be asked which school you want named on the EHCP. Once the school you want is named, they have to admit him regardless of how oversubscribed they are.

There are only limited grounds on which the LA can refuse to name the school you want on the EHCP. Lougle has set them out above. It sounds like the school is trying to argue that they are unsuitable for his needs. You can appeal this, but not via a normal admissions appeal. You need to take this to the SEND tribunal.

At his last annual review it should have been sorted about what school you were naming!
Honestly it's hard for the first choice school to get out of having your child so get on to his caseworker straight away and they have to sort it.

The usual route is for an ECHP to name a suitable school and for the child to be placed in that school, independently of the school admission process. As Lougle says, you therefore need to find out quickly why (it seems) the school is unwilling to accept your child. Perhaps the SENCO at your primary school can help here.

It’s very early in the school year for EHCP places to be finalised.

No it’s not. Phase transfer EHCPs must be finalised by 15th February.

Ask for a copy of your file to check they did consult the first school and got a reply. Has council issued a new EHC plan naming the school for sept? If so appeal. If not insist they issue amended plan
asap so you can appeal to tribunal. The tribunal is fast tracking secondary transfer cases. Contact IPSEA for free advice.

Do you have a finalised amended EHCP?

If you do you should appeal now, ASAP. Don’t bother with mediation, just get the certificate and submit to SENDIST.

If you don’t have a finalised EHCP you don’t yet have the right of appeal and need to email the LA’s Director of Children’s Services reminding them they must finalise secondary phase transfer EHCPs by 15th February and if they do not finalise ASAP you will pursue judicial review proceedings as they are frustrating your right of appeal. If the email fails contact SOSSEN for help with a pre-action letter.

Some IPSEA info here

You will definitely be able to appeal. Good luck.

I recently retired as SENCO at a large Secondary school and the admissions process was totally different for children with an EHCP. Parents did not apply for a school through the normal admissions process, there was no deadline.

We received the paperwork for consultation of children with an EHCP at random times during the year, often in May and June when the Y6 reviews were taking place. Ideally at this stage if parents were considering my school, I was invited to attend these reviews, in fact I often attended year 5 reviews as well to help with transition.

We then had to respond agreeing to the placement or refusing it if we felt we could not meet the child’s needs - very difficult to refuse though if a mainstream school was appropriate. The LA would approach several schools ( I think 3) without schools knowing if we were the preferred school.

We were also consulted when an EHCP was being finalised if a main stream school was the decision made and parents were considering my school.

So I suggest you speak to the school SENCO and the LA to arrange a review so that this consultation process can take place. It’s very early in the school year for EHCP places to be finalised.

Apologies if you have been through this consultation process as I appreciate that things might have changed since I retired but I’m sure that parental choice is still paramount but sometimes the opinions of the professionals involved can differ which might affect the schools final position.

He shouldn't be on a waitlist. He should have been admitted, unless the LA can prove that his needs can not be met at the school.