EHCP secondary admission

Be aware most ARPs are not separate registered institutions which means for most ARPs the mainstream school is named in section I and the provision provided by the ARP included in F.

I also have an academically able child with high support needs so is in an independent specialist, although had to go almost to tribunal for primary school before the LA agreed.
You are likely to need to at least lodge an appeal for it in sections B, F and I, and prove they are the only school that can meet needs with strong evidence.
I don't want to go into too much detail publicly but you are welcome to message me if my experience would help you.

It's good that you've got the consultation responses saying that they can't meet needs as that's also good evidence for your case.

Yes, speak to the current school as well as the LA.

You didn’t need to complete the LA’s form. Even if parents do, you can change your mind when you respond to the draft EHCP following the phase transfer review that should have happened in the autumn term of Y6.

Is your preference that is independent, wholly independent or a section 41 independent? That is important to know.

To add, I’ve just spotted that you may want an independent setting. They cannot be forced to take a child and the LA will always prefer a non-independent setting, as costs are astronomically higher at the independent settings. And, they are not always better.

Ok so the current school should have discussed secondary transfer as part of the year 5 annual review. Contact the SEN team at your local authority and inform them if an annual review wasn’t held as it is a statutory legal requirement for pupils with EHCPs. The EHCP needs to be brought up to date after that review and the LA will consult with schools to see if they can meet need. All this information should have been provided to you by the SEN team anyway. You should visit the schools and speak to Sencos if possible to get an idea of the suitability of each. Ideally before making your choices but from what I can gather you’ve already completed the form - no matter, tell the SEN team at the LA if you have changed your mind about any, but bear in mind they may only fund transport to the nearest school to meet need. There’s lots for you to discuss and all this should have been done at the Year 5 review.

It's worth getting the primary Senco to help you chase definitely.

If it's an independent you will need a place offer yourself unless it's a section 41 school (there aren't many of these). You can't force a place at an independent.

Unfortunately some LAs do actually unlawfully. Mine tries to trick parents by saying they MUST name a mainstream, which isn't true and can weaken their case later.

I would contact the LA urgently about the missed annual review. Escalate it as far as you can and be ready for them missing the deadline and what you need to do

I called the schools they were consulting myself and had a chat with the Sencos which I believe helped as I could explain to them why in our case mainstream was inappropriate.

Whilst the phase transfer review is legally supposed to happen in autumn of year 6, we had ours in Year 5 same as a PP as DC is in specialist primary and we were ready to name the linked specialist high school. It meant consultations were done in September and all sorted by November. Our LA seems to do this for kids in specialist primary.

There should have been a phase transfer review meeting last term. This is incredibly important. You need to contact the LA urgently.

The LA must finalise the phase transfer EHCP by 15th Feb. If the LA finalise the phase transfer EHCP without naming your preferred placement, you will be able to appeal.

Unless your preferred placement is wholly independent the LA must name your preference unless the LA can show:
-The setting is unsuitable for the age, ability, aptitude or special educational needs 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.
Slightly different for wholly independent schools.

You didn’t need to complete the LA’s admission form and you didn’t have to state three preferences.

The LA will consult schools as part of the phase transfer process. You should contact any schools you think have or may be consulted. Sometimes LA consults don’t give a full and accurate picture. You can request the responses, but the LA may force you to go down the SAR route.

I know we will be asked once he's in year 5 which school we would like him to attend.

Just so you are aware, the phase transfer review should not happen in Y5. The phase transfer review meeting should happen in the autumn term of Y6. You don’t have to state your preferred placement prior to receiving the amendment notice following the phase transfer review meeting.

My ds is in year 4 in a special needs school. We have been invited to a meeting already to talk about his secondary school. I know we will be asked once he's in year 5 which school we would like him to attend.
For my ds in nursery I was asked to name one school for his transition and from what i know the Echp will be amended by 15th Feb. I know the school have accepted him because they have already called me.

You should have only named one school as part of her phased transfer review as op has said.

The IPSEA guide is useful for the timelines and process

www.ipsea.org.uk/moving-to-a-new-phase-of-education-with-an-ehc-plan

What year is your kid in? If it is Year 6 then the consultations and early annual review should have happened by now as final plans have to be issued by mid February.

What type of school do you want?

I would only put the school you want alongside a letter as to why they can meet needs. The EHCP secondary transfer process isn't the same as the usual process so no need to put 3 as it could weaken your case.

Ask for the consultation responses too.