Mistake by Local Authority in allocation for SEN High School... help needed.

An appeal by the OP won’t take a year to be heard. It is a phase transfer appeal and therefore can be expedited.

If the finalised EHCP doesn’t name school A, the best route is to appeal, although if it is a genuine mistake, it may not actually make it to a hearing before the LA concedes. If OP doesn’t submit an appeal and relies on the LA correcting their mistake (which may not actually be a mistake), what may happen is the LA doesn’t amend, by this point the appeal window has passed, SENDIST may or may not allow leave to appeal out of time and even if they do, there is an even greater time pressure before September.

SEN appeal listings are still taking a year to be heard. You have to phone sendist as soon as you got a date to get it moved sooner urgently.

Right now I'd try to avoid appeal due to the delays. But do it anyway as a back up. Go to your case officers bosses boss or the area manager to make sure it really is being looked at. My LA lies, a lot.

As @SearchingForSolitude says, the draft EHCP must not name a school or type of school - Children and Families Act 2014 Section 38(5). The LA has acted unlawfully by naming school B on the draft.

The LA must comply with your choice of school A unless it is unsuitable for your child's age, aptitude or SEN, or they can show that sending them to school A is incompatible with the provision of efficient education for others or the efficient use of resources.

At this stage, you simply need to make sure that Wigan get it right in the finalised EHCP. If they refuse to name school A, your only route is to take it to SENDIST. The normal appeals process doesn't deal with this kind of issue. However, I doubt it will get that far. You have alerted Wigan to their mistake. I expect the finalised EHCP will be correct.

If the plan is only draft then they can't name a school. Take it out and name the one you want before returning it.

Good luck. 🤞

Most of next year's year 7s are already over allocation at this point in the year.

Also depending where you live look out of authority or private... Westlancs Community High, Rumworth, Pontville, Wargrave etc and suggest they fund the out of authority options instead.

Oh jeez! Deffo fight for Oakfield!! Wigan SEND is a bloody shambles! Keep on at them and remind them of their legal obligation when they've messed up. I'd also be contacting Oakfield and explaining the situation. I work in a neighbouring authority and have family in special so I know what you're facing.

Do you want Oakfield or Hope? I have good knowledge of both if that'll help?

A few miles further is highly unlikely to meet the incompatible with the efficient use of resources threshold.

There are several things to consider, first is it is preference not choice. Assume both are not independent. Which is closest and by how much, if A is a few miles further away, may be over the reasonable cost difference test. A should have been consulted and there are only a few legal reasons not to name preference, but just saying preference hasn't been named, may not be sufficient at tribunal. You need to be clear on specifics (have you evidence B can't meet need?)

Visits aren’t always part of the admissions process for consultation, depends on the school/college’s procedure or policy. Some decide only on the info in the EHCP. Do not worry about the lack of visit.

You have a lot on! Hopefully this meeting between the LA and School A will trigger the consultation process. The school have 15 calendar days to respond to LA who will then have a panel meeting, the outcome of which you should hear about.

Not all schools visit the primary setting, don’t worry about that.

Right now, focus on getting the EHCP finalised then appealing. Yes, you need to appeal. Don’t rely on the LA correcting their ‘mistake’. They may not. It may not actually be a mistake.

I've seen schools named on drafts.

LAs often act unlawfully. Legally though drafts must not name a placement or type of placement.

Unless the school is wholly independent, even if the school objects the LA must name your preference unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
Sadly many LAs refuse and force parents to appeal anyway.

Sorry to hear this. Transitions are stressful enough for both parent and DC without a situation like you have. This link may help https://www.ipsea.org.uk/moving-to-a-new-phase-of-education-with-an-ehc-plan

Either SEN Code of Practice or Children and Famiies Act (can’t remember,sorry!) state that School A ought to have been consulted as to whether they could meet DC needs and offer a placement. They will not have visited your DC as they have not received the consultation.

Just lodge an appeal. If they sort it out great, if not, you've got it up and running.

I've seen schools named on drafts. Also seen mainstream named. I realise local authorities have a huge problem with SEND provision but even so poor behaviour doesn't help.
In your case OP you will need to be like that Roman Emperor who approached every problem with an open mouth to be heard across the wastes of Empire.
And I get what you mean about the rage. Its unique to dealing with local authorities sen departments.

You need to email the Director of Children’s Services reminding them they are in breach of their statutory duty. If that doesn’t work email saying if they don’t finalise ASAP you will be forced to pursue judicial review proceedings. This is vital because if you need to appeal you need all the time you can get.

Although some LAs try to tell parents they have to, you didn’t need to complete the normal admissions form, another preference form, name more than one preferred setting or also name a MS school in addition to a SS.

Drafts must not name a placement. Another way LAs like to act unlawfully.

@Soontobe60 parents of DC with EHCPs should know what school has been named. There shouldn’t be anything unofficial about it at this stage.

There shouldn't be a school named on the draft. You shouldn't have had to fill in the usual secondary transfer form. I would imagine it's most likely deliberate and you will have to appeal. Tell them to issue the final and register the appeal because you don't have time to waste.