EHCP advice

[HelloKittyFan]

Is it worth applying for an ehcp if you know your child’s school won’t follow it? I did a parental request for a ehcp for my older child and was successful. I thought great! Now an opportunity to move him from his current school that can’t meet his needs, but nope! It was finalised with the exact same school and they are not following it as suspected. I don’t know whether to apply for my younger son. I’ve been told to do another parental request but is there any point when the school doesn’t follow it?

One of the points of an EHCP is the school have to follow it. If they are not doing so and you have spoken to them on several occasions about this, then you can and should report the school to the LA. If the school are actually unable to follow the EHCP, for example the money provided does not actually pay for the amount of support the EHCP suggests you child should have, or the EHCP suggests they should be providing therapy they can't provide, then the LA needs to be paying for a place in a school your that CAN provide these things, or providing support and funding to the school to enable them to follow it.

You can ask for a review with the LA present as it is a legal document school should follow. If there is another school you feel would be more supportive you can ask to have them named in the review. It is easier if mainstream but you can push and if necessary go to tribunal if they need a special school.

IPSEA have lots of advice and templates you can use.

The ehcp was finalised in the summer holidays so can’t see them doing a review anytime soon. I believe that’s why they named his current school as the case worker told me it’s the holidays so she will not be consulting with any schools.

EHCPs are a legal document. The provision detailed, specified and quantified in F must be provided. If it isn’t it can be enforced, via JR if necessary. Ultimately, it is the LA’s responsibility to ensure the provision is provided. However, the provision is only enforceable if it is detailed, specified and quantified in F. If it is vague and woolly, it isn’t worth the paper it is written on and you should appeal to improve the EHCP.

If your preferred placement wasn’t named, did you appeal?

A good EHCP is worth it.

You can approach other schools (not SEND specific ones) and ask if your DS can attend. I think if they have space they must consider him above other children applying (even with older sibs already there). Only other children they must consider first are children in care I believe

It isn’t as simple as directly approaching other schools to apply for a place. With an EHCP, the LA would need to amend the EHCP and as part of that formally consult. OP either needs to appeal the EHCP or request an early review.

No im not going to be appealing the placement. It was a unit in a mainstream school. The provision is specific and quantified.

It seems moving school is harder with a ehcp which is a drawback.

If your preferred placement hasn’t been named, why not appeal? For the vast majority of units within mainstreams, the mainstream is named in I and the provision provided by the unit included in F. This is because the most units are not separately registered institutions.

If the provision is detailed, specified and quantified but isn’t being provided have you spoken to the school and LA? Also double check the wording because it is quite common for parents to not think the wording is vague and woolly until they need to enforce it and can’t.

Because the placement only goes up to 16 and tribunal is a year so it would be moving him for the sake of a year which I don’t think is beneficial.