EHCP Is the council unreasonable to say that schools can withdraw offers?

[TeaAndToast76]

Is it possible for schools - who make an offer in the EHCP high school transition process - to withdraw their offer?

The council want to offer my year 6 Asd child a place in the local resourced provision (call it ABC High) . They have a deadline to send out letters which allocate places next week.

She has been offered a place at ABC High but it doesn’t seem to offer enough support.

Meanwhile a special autism school which is out of borough (XYZ) are still considering her and have invited her to visit. This won’t be until after half term though.

Council have suggested that ABC High might withdraw their offer. It seems the EHCP which was in draft form had some inaccuracies and I have emailed council and copied in ABC High school.

is it possible for them to withdraw offers to children once they have been made? Is there a time limit where a parent has to decide?

I suspect that what is happening is the LA want you to name ABC as parental preference suspecting XYZ will be much more expensive. Legally they have to name the school by the 15th. It's not so much a case of you taking the place offered it's more that if ABC are named on the final EHCP you would need to appeal to Tribunal to secure placement at XYZ. If you do appeal it should be expedited as it's a phase transfer but don't allow the LA to mess about delaying issuing the EHCP as you need to get an appeal in asap so as to secure placement for next September.

I agree with @hiredandsqueak.

A wholly independent school could withdraw an offer, but it doesn’t sound like ABC school is wholly independent so that’s irrelevant. For other types of schools the LA don’t need the school to offer a place and the school can be named against their will.

There has been an EHCP for years @hiredandsqueak - would their delay in issuing it keep us back? My child has what are described as “complex needs”

suspect you are right - the council lady was keen to say that Panel doesn’t like placing people outside of borough.

i am wondering who these panels are made up of!! I wonder just how qualified they are. Probably mainly accountants.

Is XYZ school.a private specialist?
If so.they cost far more than LEA schools ,
If you want your child to.go to XYZ rather than ABC,you need to be very clear why XYZ,is the only school.that can meet your child's needs because the LEA will always go with the cheaper option if they can .

So if the letter arrives out next week saying they are placing dd in ABC school, then I can immediately kick off the tribunal process? I know this involves considering mediation too.

XYZ is a specialist school and more expensive, yes. I have already been very clear with why I don’t think this is the right school. I may need more evidence. My understanding is that the EP who reviewed DD in autumn also wanted a specialist school.

The LA can’t lawfully delay finalising the phase transfer EHCP. It must be finalised by 15th February.

If the LA finalise next week then you can appeal immediately. You should appeal B&F as well as I as they will be written to support the school the LA named in I. Don’t bother with mediation, just get the certificate and submit to SENDIST, LAs use mediation as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake or not.

Is the ASD school wholly independent? If not the LA don’t need an offer from them in order to name it. If it is you will need an offer of a place.

The ‘panel’ may not actually exist! Several years ago a MN’er caught their LA out with a FOI which showed it didn’t exist. Some LAs just like to hide behind ‘the panel’.

@TeaAndToast76 Well in our LA "panel" is just the commissioning manager, there is no panel, the only consideration is cost. Both my two ASD dc attended out of borough independent specialists (two schools, two Counties) it was a fight, both times but worth it.

Is it best to hire an advocate to manage these stressful things? I gather this LEA can be quite tricky.

I'm pretty sure you can appeal it like any offer ,but you need to making a case why the XYZ school is the only school that can meet your child's needs ,you might prefer it but the LEA can argue that ABC,can meet your child's needs
so have a clear plan .

Very funny about the panel and the FOI!

Is the school wholly independent or a s.41 independent or NMSS? Because if it is the latter 2 the LA must name it unless 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.
You do not need to prove it is the only school that can meet needs.

Only if it is wholly independent do you need to prove the LA’s proposed school can’t meet needs &/or it isn’t unreasonable public expenditure.

You don’t need an advocate or legal representation. You can succeed yourself. If you do look for an advocate choose wisely as it is an unregulated business and there are some that can cause more harm than good. Check whether you are entitled to legal aid too.

It seems they have submitted an EHCP which was not accurate to ABC high school too. I have pointed this out and now lady says she needs to consult her manager on this..

You need the final EHCP to start an appeal. You will have to make a case, independent specialists are usually very good at supporting you with this. Independent assessments by Ed Psych, SALT and OT will supply you with evidence that the school you want is the school your child needs.

Interesting,that might work in your favour .

If you haven’t already looked IPSEA and SOSSEN have lots of helpful resources, and both have advice lines. If you need independent assessments but can’t afford them Parents in Need can sometimes help. If you are eligible for legal aid that can fund independent assessments too. The SN and SEN boards on here are helpful as well.

It is a non maintained special school..

As it’s a NMSS it isn’t wholly independent so if that’s your preference you don’t need an offer of a place. Unless the LA can prove the high bar for one of the bullet points in my pp the LA can, and must, name them even if the school objects.

God I don’t think I can afford all this. I am under pressure as it is.

Tbh this isn't usnusual just bog standard deliberate incompetence from the LA. If they submit an EHCP that minimises a child's needs there is less chance of the school stating they can't meet needs. Ask the LA for copies of all consultations and responses as well.

If you need to appeal and money is tight focus on independent reports rather than an advocate. It is evidence that win appeals. You could have the best barrister in the world, but if the evidence isn’t there you won’t win.

Echo this. Our LA uses Barristers against unrepresented parents routinely, they still lose 99% of appeals. Check your entitlement to Legal Aid here if entitled they will cover costs of independent assessment and legal support.

Given the choice between employing an advocate and getting expert evidence, you should go for expert evidence every time. If you would qualify for legal aid, you could get reports that way. As mentioned, Parents in Need can sometimes offer some help with the cost of reports, although I think they have to limit what they will pay.

I don't know if the school can withdraw the offer. But the EA can't: they have to offer a school at the end of the day. If their first choice withdraws and they won't agree to your first choice they'll have to find another option. And you can still go to tribunal for your own choice.