EHCP SCHOOL.

[envy4]

Can a mainstream school refused to be named on a EHCP?

Legally i dont think so, they would have to prove that they were not able to meet the requirements of the echp, very difficult in the world of inclusion to refuse. Sometimes they have to have the child forna set about of time before they can ascertain how much extra support is required and on the next review state they cant meet the needs.

My sons started reception literally last month at a school not of our choice. It was randomly given by the LA as he was refused by all the schools we applied too. Finally we got our EHCP draft and the LA said name a school. So we named the school we initially wanted for him but the Sen coordinator advised us that they may refuse. They don't have to take him! I'm very confused. I assumed that whatever school named on the EHCP will have to take on the child.

I would imagine if the school can't meet your child's needs then they can decline

It is supposed to be very difficult for them, but in my experience they can. Two mainstream schools said they couldn't meet my DD's needs. I suppose I could have took it further, but who wants to send their vulnerable child to a school that is clearly not interested in even trying to support them?

Check their admissions policy. It may be that they can refuse if they re full, rather than an EHCP. but EHCP may override that. Best to clarify I think.

A child with an EHCP would be an excepted child though. I don’t think it matters if the class is full.

School refusing is one thing it will be based on what i said above plus class sizes teaching assistant numbers etc.. so they can refuse however the decision remains with the LA, they will look at what the school has said, locality as well as looking at if there is another school best suited to the child. There is nothing wrong with asking for your preference despite what you have told, you can also appeal if they refuse. But you need to weigh up the time involved in pursuing down the legal route as well as your son settling into a school only to be moved into another setting. As youve only just got the echp and just started school i suggest you ask for your chosen school and see with the recommendations how your son gets on over thr next few months. If things change and you dont think the school are supporting your son or following the echp you can ask for an emergency echp review i suggest you bring in a third party (send partnership plus or similar parent support for sen in your area

they can refuse if they cannot meet their need but it's not easy to refuse. If they refuse, they will not be named on the EHCP. The LA will consult with them before. if the school is named, they have to admit the child.

Parental choice weighs a lot in this process and refusing parental choice is not straight forward.

Also, the named bit of the echp will be the final decision placement not the preference, so yes your right in saying that thr named placement will take the child. But this will be in agreement with the school and LA.

They can refuse, but the LA may decide to name them anyway, depending on the weight of their argument.

Did the sen coordinator indicate why they might refuse?

I’ve taught a class before that had an excepted child due to twin birth admission and two children with EHCPs. Taking the class to 32 with another child with an EHCP would not have been a great idea.

@mintchocchipicecream YES she said that she has requested the school as it a different LA, they have 15 days to reply but from her experience she believes they will refuse as its already mid year. The school we want win awards constantly for SEN inclusion etc ..

They can say that they feel they can't meet needs (so don't want to be named) but the LEA can decide to name it on the EHCP regardless.

Depends if they feel they can't meet the child's needs.

For example, our school is an old Victorian building with narrow staircases and no lifts. We had an application for a child with a severe sight loss and a frequent wheelchair user and were able to show we couldn't meet their specific needs.

LA's can only refuse to name the parent's choice of school on the EHCP if
1 the school cannot meet the needs of the child;
2 the child's attendance is incompatible with the efficient education of others
3 the child's attendance is incompatible with the efficient use of resources.
The school can also state any of the above reasons but ultimately it will be the LA that names the school.

I’m not sure if they can refuse but equally I wouldn’t want my child at a school where they didn’t want him/did all they could to discourage me from sending him there. My son was in mainstream school before he got his EHCP and he was not wanted for various reasons and not only did it affect me it was awful for him, truly awful. Was so relieved when a place at a suitable special needs school was found for him.

Good luck finding a place at a suitable school for your child OP.

Is it possible that the school wins awards for SEN because they are already supporting lots of children well and would be unable to meet the needs of all of them if they had another?

Also as an aside I thought LA named a school or schools to choose from of whatever they have that is suitable? Where we used to live gave us 2/3 choices but when we moved to where we are now there was only one choice (which was fine) but my son needs a place in a special need setting, he can’t and won’t be going to a mainstream school so maybe it’s different if your child is in mainstream school.

@mintchocchipicecream YES she said that she has requested the school as it a different LA

these cases are often messy usually, LAs prefer to place their children in schools within the LA. all to do with the way funding works. The only children with EHCP who attend schools in a different LA are in a special school and the local special schools were full..

Would you expect transport? this is often another issue and you may not get it if this school is your preference as there would have been mainstream schools working your LA to offer the same as the MS school across the border.

We had a situation a few years ago where a family chose our school because of our good track record for inclusion and SEN. We warned them and the LA that we would struggle to meet the child’s needs but would try our best.

He lasted three terms before his parents moved him to our local special school. We didn’t have sufficient physical space to support him appropriately - small Victorian building, he needed 2:1 adults at all times, a specially designed sensory room, raised fences around the boundary of the premises etc.

Please believe the school if they say they can’t meet the child’s needs.

It could well be the case terrified. I know that was an issue in DN’s school. It’s not necessarily that they don’t want the child or wouldn’t provide the best possible support that they could.

SENCOs are sent a copy of the EHCP and asked to comment. In Hampshire we used to be asked if we could accommodate and if not why not, now we are asked what we would need to do to accommodate the child.

They have to give a reason for refusal and it has to be one which makes sense (eg the already have x amount of kids with sen and do not have resources/space for another, they cannot meet the specific needs of your child etc). My child's school said that they couldn't take him as he had hypermobility and his walking was wobbly, and it was not safe as they had "hilly" grounds. It'd literally the case that some parts have slight slopes. We told the Local Authority we will appeal and won't accept their reason. The LA within 24 hours came back and said they told the school that they had to take him. The school had no choice, it wasn't up to them as the La told them that they will be named on EHCP. We still clash with the senco who we assume was the idiot who sent the email citing the hills, but the staff are amazing so it was the right decision.

@londonerrandname thanks for that advice it really helped. I was a little worried about forcing them to take him as everyone seems to be advising against it.

@dairyfairies no transport the school we want is actually 5 mins away whereas the schools he's currently placed at is 20-25 mins away.