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Here you'll find advice from parents and teachers on special needs education.

Original poster

School can't meet EHCP...now what?

31 replies

tigerbread11 · 30/03/2022 10:31

My child has an EHCP and is due to transfer schools in September. The only potential mainstream school suitable say they can't meet one of the provisions and it would cost £16,000 per year for them to meet it. I'm waiting for LA response but in the meantime I feel very lost and need advise. Has this happened to anyone else? What are our options? Do I accept less support so they can go to the suitable school or do I choose a school DC won't be happy at and doesn't meet their other needs/doesn't offer the curriculum options for GCSE?

OP posts:
Lazypanda1 · 30/03/2022 12:35

Thank you, that's really useful. I'm finding it difficult to work it all out.

It sounds like it should be finalised then I make the argument if needed?
I emailed LA saying I want that school and the current draft plan in place and they are going to discuss it with management and let me know.

I think it's the co-production meeting with the new school that has thrown me. I ended up crying in the meeting 😳 the school told me very bluntly/forcefully in no uncertain terms they can't meet that one provision and to do so is to fund a whole ta of £16,000. I was told there are for example 1 ta in a class expected to work with say 4 ehcp students plus those without :/ and was listing of problems. I have pointed out that I felt school had their own way of supporting children with ehcps and expected children to fit how they work rather than individual needs.

The provision in question is having 1-2 carefully selected consistent tas only (recommended by Ed Psych) rather than a different ta for each lesson which is what they offer due to DC needs.

Toomanyminifigs · 30/03/2022 12:14

If the provision is specified and quantified in Section F then the Local Authority (via the school your DD attends) will have to deliver it. Whatever school she attends, they're going to have to deliver it. The argument about funding is actually between the Local Authority and the school.

Once the final EHCP has been issued, this triggers your right of appeal. If the school you have requested isn't the one named in Section I, you can appeal it. One of things a tribunal judge is likely to ask is what does the mainstream school need to meet DD's needs? £16k a year isn't a prohibitively high sum to expect a Local Authority to provide a school with. A specialist placement is going to cost them considerably more!

Some info about naming a school with an EHCP if you've not seen it:

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

Lazypanda1 · 30/03/2022 12:10

Just realised total name change fail Blush

Ok must still be at the draft stage then. We applied last August and got the first draft of the plan early February. The draft was amended and we are at coproduction meeting stage now.

Imitatingdory · 30/03/2022 12:02

If the plan is finalised it should be finalised with next years placement too. What week are you on?

Being an academy doesn’t matter, the LA can only refuse to name your preference if they 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.
The bar is high, and it costing £16k to fund is highly unlikely to cut it.
Lazypanda1 · 30/03/2022 11:23

We are still at draft stage (first plan) it's been finalised for the current school but nothing sorted for the next school.

The plan itself is specific and I'm happy with it, it's getting the new school to agree to take DC.

The school is an academy. Are LA likely to agree to that school or will they make us go to another mainstream school?

I sent an email with my feedback and that in the first instance we want that school with her current draft of the plan. I've outlined why and said if it's a no after consulting the budget then I'd feel like I'm accepting less support and provision would need to be x or y and it may not work. I will email now making the position clearer that I intend to fight for that school with the funding they require to take her.

Imitatingdory · 30/03/2022 11:14

The EHCP should have been finalised by 15th February. If it has not been you need to threaten Judicial Review (email the Director of Children’s Services), so you have the right of appeal. If the threat doesn’t work contact SOSSEN for help with a pre-action letter. Once you have a finalised EHCP you can appeal. Don’t bother with mediation, just get the certificate and submit to SENDIST, LAs use mediation as a delaying tactic.

Don’t accept less support or make section F vague and woolly. That’s a terrible idea. DD needs the support.

The school shouldn’t refuse to admit DD to mainstream because it would cost too much. Unless the school is wholly independent the LA can name the school even if the school object.

DS3 is in mainstream and the provision in his EHCP costs more than £16k.