To think the Local Authority are wrong to believe

[2025startingwell]

AIBU the local Authority are wrong to believe that an 11 year old in a very small mainstream school who via their EHCP has 1-1 32.5 hours a week and has never been left alone in that setting to cope in the biggest mainstream secondary school in the area without a 1-1. We knew the 1-1 situation would change for secondary and we discussed with both her current school and the LA who both agreed that she would need a highly specialised school for secondary. We were informed Friday that the school that will be named on her EHCP is the local girls mainstream secondary school as they have said they can “ meet “ her needs despite us also waiting for the consultation of the Sen school.

she has never managed even 10 minutes on her own in primary I just can’t understand how they think this will work !

I'm a paediatric nurse, and 40 hours a week is a huge care package. I can't see how on earth mainstream could meet her needs. Particularly if she's tube fed, needs hoisting etc. her dignity matters too. I am shocked they expect her to manage without a 1:1.

Do they even have a hoist/changing places etc. if that's what she needs?

This is why I’m so shocked 🙈🙈🙈 I generally went through this process with blinkers on I think ! I was not at all worried ! 😦

In maths and reading she is she appropriate BUT that is with assistance of her 1-1 who scribes for her and does interventions.
her English apart from reading is very behind.

I would contact the school. If the school tells the LA they can meet need, the LA will go with that. It seems very unfair on your daughter to be put in a situation she is likely to struggle in. The school needs to explain how they can meet her needs. If they actually can, that's lovely! But it sounds like you don't think so.

She is a sweet and wonderful child and I suppose maybe classed as an “ inbetween “
I think if she ever went to mainstream and it did require a full 1-1 which is the only way I could ever see it working it’s a harder place to be at 11 being escorted around the building with an adult - with her peers who do not require that.
secondary school is brutal as it is and teen life isn’t easy for the best of us !

Nailed it

Did the previous EHCP have the 1:1 specified in section E? U less a professional has told them she won't need it any more they can't just remove it. Can you get gold of a copy of the review documents from current school and see if they have made a comment that implies its not needed?

If the plan is in draft form and not yet finalised, I would ask for a planning meeting with the LA and see if the primary school SENCO will attend. I would honestly expect to be able to address the provision /1:1 in a planning meeting. THE SENCO from the new secondary will probably be helpful if they will attend, they are not going to want a pupil with significant needs and an EHCP with insufficient provision/funding jointing the school. You may well be able to iron out the provision in this way quite quickly.

If you want the special school you may need to appeal and even an expedited appeal may well take you past September. You would need to appeal sections (B) needs (E) provision and I (named school). If you just address section I without challenging the inaccurate provision it will not look like the special school or high level of support will be needed.

Hope you get a satisfactory solution OP, I went through this with my son last year and at the 11th hour, late August, the LA relented and named the special school as soon as I submitted the appeal. The special school can say they are full the but the LA can still 'direct' them to make a place.

I guess it may help to think about her longer term prospects?
We decided special school because it because very obvious that my son would not be able to get a job without significant support whilst at work and won't be able to live independently unless he is in some sort of supervised accomodation.

It sounds as though you have decided and found a school which will suit her though so really, the "is mainstream an option" is just a thought experiment to help you to add weight to a tribunal should you need to.

My daughter has SEND and attends a mainstream high school with a high level of support. I have been pleasantly surprised at how positive it's all been and how discreet secondary schools can be about the fact that kids get support.
There have obviously been bumps across the way, but she is also a bit of an 'inbetweener' and it has been a good experience.
My son is more complex and I knew for a long time special was the right secondary environment for him (he has even struggled with that transition) and fighting for that was the right thing.

Special educational provision is section F. Section E is Outcomes.

If OP appeals as soon as the EHCP is finalised, the hearing is likely to be held before September. Phase transfer appeals are prioritised and court time is set aside for them. Phase transfer appeals will continue into September but if OP appeals as soon as she can it is likely a hearing will be timetabled beforehand.

I know from my friends that in this area, hardly anyone gets a play e at a special school (unless they have severe behaviour problems) without taking theLA to court. This usually involves remortgaging.

Appealing doesn’t have to be very costly. Appealing itself is free. The majority of parents don’t pay for representation. It isn’t essential. Evidence is required. If independent assessments are required but parents can’t afford it and aren’t eligible for legal aid (which can fund independent assessments), there are charities who can help.

Oops well done for spotting the typo!

Speak to the named school first. There's a remote possibility that they've been named because they are awesome with kids like your daughter and will tell you exactly how it's going to work! There is a 99% chance that they will laugh at the idea and say "no way", but then they might help you fight the authority!

OP what is your preference? Mainstream with a high level of support?

Or special.

There are pros and cons to both.

100 percent Sen school - there is only 2 Sen schools that are appropriate but we all knew this from the beginning.

Definitely get the appeal in asap. I wouldn't bother with mediation as I don't think that a decision they will overturn.
I'm a little bit confused about the process your LA have followed. They should have done her Y6 annual review then amended the plan ready for the phase transition. You then get a draft copy so you have the opportunity to make representations. The finalised plan from this is what they consult with and which should have gone to both the mainstream and the specials you requested.
Have you already had a draft of the plan before they started consults?
If not that's very poor. Either way, now it's back in draft because of a school being named you can submit your appeal.
Have a look at the IPSEA website for info.

It’s been chaos

so we did her annual review ready for it in July !!! Bit numerous issues mean we have not yet received draft copy. The EHCP was being changed a lot from our annual review and I wanted that sent to the schools for consultation however we still have not received it
i Chased and chased and then emailed the manager as we now have no co ordinator and apparently it will be will me next week !

OP can’t yet appeal. She doesn’t have an amended finalised EHCP, so she won’t currently have the right of appeal.

No, she needs to make her reps and not allow any delays on the decision. If there is nothing to delay further the LA need to finalise within 15 days.

I’ve not read all the replies but I’m going to recommend to you the advocacy group Sunshine Support. Without their valuable advice my DD would not have received her EHCP.

Have you spoken to the mainstream that have said yes? We had a similar situation (I work in a Primary) and it turns out the secondary hasn’t agreed, they had just missed the consult so it was an ‘automatic’ yes.

They have not followed a lawful process.
I would make a formal complaint (look up the corporate complaints process on your LA's) website. Stage one, escalate it straight to stage 2 and when they respond to that submit an LGSCO complaint. Make it clear from the initial complaint letter that you will be taking the complaint I the ombudsman. The ombudsman can impose hefty fines and this will make them start playing ball.
https://www.lgo.org.uk/make-a-complaint

If you now have a draft I would email them and insist that they either make the decision to either include changes you have requested or not and get the plan finalised within 15 days. Warn them that if this goes over you will submit another complaint and escalate it to the LGSCO as this will be a further breach.

They cannot just follow whatever process they like and there is redress against this.

The appeal deals with the content of the plan and the LGSCO deals with their failure to follow processes laid down in law.

Good luck OP xx

Edited for typo

The OP can’t yet make representations because she clearly says she hasn’t yet had a draft.

The LA doesn’t have to finalise within 15 days. They have to finalise within 8 weeks of issuing the amendment notice and by the 15th of Feb at the latest.