EHCP as not been issued - Secondary school application

As you won't have a finalised EHCP by the normal admissions deadline you should submit a normal application just to make sure. Do not trust the LAs word they will finalise. LAs are notorious for acting unlawfully and being untrustworthy. It is better to submit a normal application and not need it, than not make one and later wish you had. I would note on the application that you are awaiting receipt of a finalised EHCP.

Phase transfers EHCPs have to be amended by 15th Feb.

As Ellie posted there are limited reasons the LA can refuse to name your preference, and funding isn't your concern. If the LA cannot meet the threshold they can, and must, name your preference regardless of the school's objections.

Having said that, having a high number of pupils with EHCPs already on roll could be a reason to refuse to name your preference if it means the LA can prove admitting DD is incompatible, which is a relatively high bar, beyond an adverse effect.

The EHCP if done correctly is a legal document which sets out all of the child's needs in Section B and then details specific and quantified provision to meet each one of these needs in Section F, whatever the cost.

The LA has a statutory duty under Section 42 of the Children & Families Act (CAFA) 2014 to secure all of the provision specified in Section F and would be expected to provide the necessary funding.

Unless it is a wholly independent school, the school cannot refuse to admit, however many children they have with EHCPs. If they have concerns with funding they must take this up with the LA.

The LA can override the school and name the school in the EHCP even if the school objects. Once the school is named on the plan, the school has a statutory duty to admit. (Section 43 CAFA 2014)

The LA can only refuse to name your preferred school for one of the three reasons I posted on your other thread, and if it went to appeal, would be expected to provide substantial evidence why that reason applies.

www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

Apologies! Didn't mean to hijack this post, posted my comment in erro, should have been a new thread. I've reported myself! And asked to be deleted.

Agree with the above.

I would also add that you should have been given copies of all the professional reports that have been used to write the EHC Plan.

Go through all of them with 2 highlighters. Highlight all of your child's needs (eg poor organisational skills, difficulty with time keeping, slow processing) in one colour and then all the provision to meet the needs in another colour. There should be provision to meet each need identified.

For example you might have a Speech and Language Therapy report which says "X has great difficulties with social communication." This would go into Section B of the EHCP. The SLT might go on to say "X needs a social skills programme devised and delivered by a qualified Speech and Language Therapist for one hour each week." This would go into Section F of the Plan.

When you have done this for each one of the reports, go through the draft plan and make sure all the needs you have highlighted in the reports are in Section B and make a record of any that have been omitted.

Then make sure all the provision you have highlighted in the reports are in Section F and again make a record of any that have been omitted.

Give the LA a copy of your records of missing information and tell them that everything that has been missed out needs be included in the final EHCP.

If any reports are vague or woolly and use phrases like "requires access to", "would benefit from," "opportunities for", "regular" "high level of" tell the LA they are not acceptable and they need to go back to whoever wrote the reports and make them more specific, so that the EHCP can be amended with the specific information.

The Code of Practice is very clear that reports and EHC Plans must be detailed and specific.

a) Specificity in professional reports:
9.51
“The evidence and advice submitted by those providing it should be clear, accessible and specific. They should provide advice about outcomes relevant for the child or young person’s age and phase of education and strategies for their achievement. The local authority may provide guidance about the structure and format of advice
and information to be provided. Professionals should limit their advice to areas in which they have expertise. They may comment on the amount of provision they consider a child or young person requires and local authorities should not have blanket policies which prevent them from doing so.”^

b) Specificity in the EHCP

9.61
“EHC plans should be clear, concise, understandable and accessible to parents, children, young people, providers and practitioners. They should be written so they can be understood by professionals in any local authority.”

9.69
Section B ( Page 164)

“All of the child or young person’s identified special educational needs must be specified.”

Section F (Page 166)
“Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget

• Provision must be specified for each and every need specified in section B. It should be clear how the provision will support achievement of the outcomes
• Where health or social care provision educates or trains a child or young person, it must appear in this section (see paragraph 9.73)”

www.gov.uk/government/publications/send-code-of-practice-0-to-25

Check it carefully as it would be unusual for a first draft to not have any vague or woolly wording.

All EHCPs are full EHCPs. Some LAs also have non statutory plans they try to fob parents off with called other things. This highlights the practice well.

Funding isn't your concern, don't focus on that. As long as section F is detailed, specific and quantified the provision must be provided, and importantly you can enforce it if it's not. If the school need more funding they should approach the LA.

IPSEA have a checklist you can use. Go through the EHCP line by line. All DD's needs should be in B, and there should be corresponding provision in F.

It is vital section F is detailed, specific and quantified. Nothing should be left for the school to decide. Look for vague wording such as "access to" "or equivalent" and "would benefit from". A vague and woolly EHCP isn't not worth the paper it is written on. Sadly, many parents don't realise until it is too late, their DC isn't receiving support but they can not enforce it. This is easier to sort from the beginning than trying to tighten it up at a later date.

Anything that 'educates or trains' should be in section F, including therapies such as SALT, OT, CBT etc. LAs often try to put them in G, but it's important they are in F so it's enforceable.

What do you mean by a full EHCP? All EHCPs are full EHCPs. Finalised EHCPs should name a placement in section I, but the draft must not name a school or type of placement.

SOSSEN have a draft checking service if that's something you want/need.

They should consult once you have named your preferred school.Then hopefully The Plan is finalised with your chosen school named in Section I.

Not sure why you're having a meeting on Friday, But I would use it as an opportunity to make clear which school your daughter wants and that you are exercising your right to request this school under Section 38(3) of the Children & Families Act 2014.

See here:

www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

@Imitatingdory

Great minds and all that!

@Veronica25

If the request was made on 12th June, you should have had the draft by now. The 30th October is only 3 weeks away and you are entitled to have 15 days to formulate your responses. The LA is in serious danger of breaching the statutory timescale.

I would send the model letter above complaining that you have not yet received the draft plan.

In that case you should have the draft already. Send the letter Ellie linked to. And you should have the finalised version before the normal admissions deadline.

SEND can come under the exceptional medical or social needs category, so if the school does have one of those categories in their normal admission criteria you can ask to be considered under that, although the bar is fairly high.