Potential school considering for YR7 with EHCP

I am glad you are content with the EHCP. If you change your mind while you still have the right of appeal, you can appeal. If you aren’t certain, appeal now and you can always withdraw.

@Aksanti ignore it.

The placement named in section I of EHCPs and school transport are governed by law. There is a lot of case law. As much as a certain subsection of the population would like to portray, it isn’t unreasonable for parents to want LAs to act lawfully regarding the treatment of their disabled DC. That isn’t ‘demanding’ or ‘sharp-elbowed’ or wanting the ‘best’ ‘gold-plated’ support or any other utter nonsense.

It is shortsighted to object to or resent DC being supported as per the law. Overall, not receiving the support DC with SEN are legally entitled to results in higher costs to the state in the longer term.

LAs could always use some of the exorbitant amounts of money they spend each year defending indefensible cases. The general public would be aghast if they knew just how many millions upon millions are wasted. It is reprehensible, but unless there are serious consequences for LAs, nothing will change.

They could also look at wastage and inefficiencies within the system.

School transport isn’t solely an SEN issue. The NAO report shows that more than 65% of pupils who are CSA or below who are receiving school transport don’t have SEND.

Not to mention, technically, LAs don’t actually go bankrupt. It is a section 114 report (sometimes called a section 114 notice), which isn’t quite the same. It doesn’t automatically reduce statutory duties.

And then we wonder why school transport budgets go through the roof and LAs go bankrupt.

both Wimbledon college and st Cecilia have said it can be named in final EHCP.

What you mean here is the schools have responded with positive consultations. The LA doesn’t actually need them to agree to being named in the EHCP. They can be named even if they object. You only need an offer of a place for wholly independent schools.

procedure is different as we are out of borough

This might be what your LA would like to believe but, other than also consulting the LA the school is in if the school is a maintained school, the law is the same for out of area schools.

Ultimately, it is your LA with the final decision. It doesn’t matter if RC or Kingston disagree. However, your LA may well name an in borough school anyway and force you to appeal if your preference is RC.

At secondary, the maximum reasonable travel time is considered to be 1hr15. Although some travel further.

Sometimes LAs will try to rely on transport costs to argue the ‘unreasonable public expenditure’ exception applies. Often the LA will do this even when they can’t meet the threshold to prove unreasonable public expenditure - it isn’t a simple as more expensive always equals unreasonable public expenditure. Sometimes LAs will name a school as parental preference with a caveat about transport. If your LA includes such a caveat, you can challenge that via appeal if you want to.

Lots of LAs try to get away with using the Y5 review as the phase transfer review, especially when it is in the summer term. However, that isn’t lawful. It must be held within 12 Monty’s of transfer. This is very clear - it is set out in the legislation, there is a recent LGO case, case law (about an all-through school but the principle of the phase transfer review being held within 12 months of transfer still applies), DfE reminders... It should be held the autumn term of Y6 to allow time for the LA to finalise by 15th Feb.

Ahhh thank you that makes sense! I think DD's school thinks that the Y5 annual review counted because it was done in the summer term.

@RavenLaw The phase transfer review is just an annual review held in phase transfer years in time for the phase transfer deadline. It follows all the same rules except there is an additional deadline of finalising by 15th Feb (for secondary phase transfer). So the school should organise the review meeting and do things like ensure the advice and information is circulated beforehand, but the LA is ultimately responsible for the overall review process.

@flawlessflipper the annual review I knew they should do - but it's the phase transfer review I wasn't aware of. Is that through the school too?

You do not have to state your preferred secondary placement by 29th September. That is another unlawful LA policy.

What should happen is you will get the amendment notice within 4 weeks of the AR meeting - the meeting is only one element of the review process. The LA must give you at least 15 days to comment and state your preferred placement.

Unfortunately, some LAs tell parents in their LA they need to state their preferred placements by a set date &/or complete an admissions form &/or include a MS option even if their preference is SS &/or a multitude of other unlawful local ‘policies’.

Even if you state your preferred placement by the 29th, you can change your preference when you get your AN.

I am a little worried DS doesn’t have any professionals involved. It suggests the EHCP needs improving.

@RavenLaw when a child is on the role of a school, the school should organise the AR meeting - the HT has responsibility as per the Regs, although they often delegate. And the LA is ultimately responsible for the AR process overall.

I didn't know this & DD is in Y6. Can I ask - is this something the school should arrange or be involved in, or just the LA?

It isn’t too late for a phase transfer review meeting, so don’t panic. Some won’t have them until later in the term.

Are they all genuinely your equal preference? If not, you should think carefully before stating all 3 are your preference.

Following the review meeting, the LA will send you the amendment notice within 4 weeks of the meeting. At that point, you can make representations and state your preferred placement.

Are your preferred placements wholly independent? If not, you don’t need an offer of a place from them in order for them to be named in the EHCP. And being full is not defined in law, and for non-wholly independent schools, on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible with the efficient education of others or efficient use of resources. The bar for this is higher than many LAs admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”.

If the placements are wholly independent, you could speak to them now. Although even some wholly independent schools only accept approaches from the LA. But don’t worry if that applies. Just because a school has replied to some other parents doesn’t mean they will automatically reject any further consultations.

Consultations happen before the EHCP is finalised.

As an aside, following the correct procedure, the advice and information should have been circulated at least 2 weeks before the review meeting. Given the timescales of this thread. That couldn’t have happened. You may wish to go ahead anyway, but if you want more time, you can ask.

Put it in writing so you have a paper trail as evidence.

The phase transfer review process will enable you to raise amendments. And once finalised, appeal if necessary.

If DS is Y6, you should have a phase transfer review during the autumn term in order for the LA to be able to finalise the phase transfer EHCP by the 15th Feb. Sadly, lots of LAs act unlawfully by not doing this in time or by attempting to use the Y5 AR as the phase transfer review. They shouldn’t. You should contact the LA.

You should be having an annual review this term which would be a good opportunity to discuss this thoroughly with your son's teacher and SENCO.