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 !

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The OP says they have made a decision on the school to be named in Section I, which means they must have consulted that school and used a draft.

Is there a reason why you are picking at everything I say?

They have completed their consult. That now supercedes the other timescales. The code states (I can't be arsed looking up the exact wording) that they can't cause any undue delays. Of they have made a decision on who to name they need to finalise.
Again is there a reason why you are wanting to contradict everything I say?
Have upset you in another thread or something?
The OP is having a stressful time. I'm not sure what you're trying to achieve?

The phase transfer review should be held in the autumn term of Y6.
At least 2 weeks before the review meeting, advice and information must be circulated. Then there is the review meeting. Within 2 weeks of the review meeting, a report must be circulated. Within 4 weeks of the review meeting, the LA must send the amendment notice. Within a further 8 weeks and by the 15th Feb at the least, the LA must finalise the amended EHCP for secondary. OP can’t appeal until she has this finalised EHCP.

Lots of LAs flout the proper process by having parents complete an admission application form. Sometimes they even incorrectly insist parents list more than one preference &/or say they must state a MS even if they also state a SS.(However, parents can change their preference when they get the draft as per the correct procedure outlined above even if they have previously stated a different preference on a form.) Then sometimes they incorrectly consult with the existing EHCP if the phase transfer review hasn’t happened. I suspect something along these lines has happened here. Hence the OP not having had a draft and the LA being able to informally tell the OP who they are going to name regardless. OP doesn’t have to accept the unlawfulness, of course, I am merely explaining what often happens and could explain why OP’s post don’t include the normal process.

I don’t know where you are getting 15 days from, but it isn’t correct. See this IPSEA document.

The LGO would take too long to be a suitable remedy. JR would be more appropriate if the LA fail to send the draft within 4 weeks of the review meeting or fail to finalise within 8 weeks and by the 15th Feb at the latest.

The system is shit, the same happened to someone in our adoption group, he called the mainstream school and organised a visit day for his child who is a wheelchair user, has complex medical needs and incontinence. During his visit he ‘forgot’ his phone in the car so he left his son with the SENDCo while he very very slowly walked to his car, he wasn’t even back inside before a member of staff was finding him as they were unable to manage his son for even fifteen minutes. That meant both he and the school were putting pressure on the LA, the school also carried out a risk assessment which clearly showed it wasn’t safe for him to be in school as they didn’t have a changing places area, no sterile room for medication needs etc. He was awarded a place at an SEN school before the September start.

They haven't followed process and I have made some suggestions about how to untangle that. If you want to be helpful address the OP with some suggestions instead of trying to engage in a derailing of the thread by challenging everything I say. I have worked in this field a long time and am not about to out myself.
I think we have spoken in a thread before and you are a self employed/volunteer advocate.just be open with the OP and offer advice!
The suggestions that I have made are partly based on legislation, partly in working practise and what I think will be most impactful in terms of making the LA take notice. And as a SEND parent!
Sadly the LA are not following the letter of the legislation/statutory guidance due to most SEND services being in crisis and the tips I have given the OP take account of this. Things that hit the LA in the pocket will be most effective regardless of law.
I suspect you will have clicked on from my posts that I have spent time in a role closely related to LA SEND services and this is where some of the hostility is coming from. Whatever. I'm also a SEND parent and know what that OP is going through and it's shit.
Just make a post directed at the OP with your advise and suggestions instead of trying to 'catch me out'.

you are a self employed/volunteer advocate

As you were told last time you posted this, I am not. You are not correct in thinking this.

I have posted advice to the OP.

They haven't followed process

Which is exactly what I posted.

If you worked in the field you would know the LA doesn’t have to finalise within 15 days, that she can’t appeal now when she doesn’t have the right of appeal, that she can’t make representations when she clearly says she doesn’t have a draft yet, and the SEP is in F not E (yes, a typo made twice).

If the 1-1 is properly written in the EHCP they MUST provide it. It's the law.

Why the hostility?
Yes I've made a typo twice, typing one handed whilst cooking tea because its Mumsnet not a tribunal hearing. If it makes you feel better I proof read work docs in a way I don't proof read Mumsnet posts. This is an informal social platform.
Your knowledge of the COP/regs is great. Well done you (I feel like makeing a sarcastic remark about gold stickers at this point).
I've got lots of experience of unpicking cases that have gone wrong WITHOUT resorting to lengthy, formal dispute resolution. I'm offering some advice based on that not just the CFA/REGS/COP. I'm not interested in trying to gain a pound of flesh from an overstretched LA team (who in my experience are mostly good professionals trying to navigate a perfect storm since COVID), or of ensuring that every aspect of the law is upheld to the nth degree. Just to make sure that the OP knows what she can do next to get what her for DD. I'm not arsed about reciting the legislation etc.

I doubt the OP will want to engage further due to the level of hostility in this thread. That's a shame as I understand you are usually a really supportive poster for SEND parents. For whatever reason you have taken umbrage with me.

I'm not going to respond to any more posts from you.

@HelloWorldItsNiceToMeetYou the ombudsman don't impose fines and nor does anything (the school consult you mention) supersede the statutory timescales.

If you call posting correct information ‘taking umbrage’, then, yes, I have. If you don’t like that, don’t post incorrect information to begin with. I make no apologies for correcting incorrect information because inaccurate information doesn’t help the OP, it makes it 10 times harder for her to advocate for her DD.

Hi guys ! So in terms of the review annual review.

from what I know and the local authority we do ours slightly earlier in the end term of the summer before breaking up so we did it in July.
we has just had an updated ED psych and a few other things done including ADOS. It was sized they her EHCP was quite outdated and needed an over haul. We were told we would head with in 2 weeks and then the draft would be available with in 8 weeks deadline this would be sent also as consultation to the schools.
in October we were then informed to name schools which I did name 2 Sen schools.
I queried that I did not have any update on the ehcp from annual review yet and was told it would be very soon anyway i chased this again in December as still no sign and then last week it transpired that we no longer have a co ordinator.
I then spoke to manager - who said that the main preference has not yet responded ( Sen school ) and that one main stream school had come back as a yes in which they look at naming.
I queried that we still don’t even have a draft and now they are saying it will be soon …

Email the LA using IPSEA’s relevant model letter. If that doesn’t work, you need a pre-action letter.

Sadly not all schools are like this. I had one child who has gone through primary school with a full time 1:1 at all times. Her father wanted her at an all girl’s Muslim secondary school as he would not allow his daughters to be educated next to boys after 11 years old. I spent a lot of time trying to persuade him that she would absolutely crumble in that environment (it’s a very high achieving school, very academic, and she was working at around P4/5). He went to look round the school, spoke to the Senco and lo and behold she said they would be able to meet her needs. Fast forward to the end of September, she has been suspended myriad times and has now been removed from school completely. The special school, which she was earmarked to attend, is now full and the LA is shitting itself that they didnt look more closely into the suitability of this school.

Bloody shocking! Which LA is this?

OP, this all sound very tough. I have taught in secondary schools who are able to accomadate students with severe physical needs, for some of those students I do think it is the right thing to be in mainstream. They all had at least 1:1 though, in some cases 2:1 support (which is possible, no matter how much your LA may pretend it isn't).

You mention that the secondaries do 1:1 differently, and I just wondered what you meant by this? If it's that the 1:1 isn't always the same person for every session, I would actually see this as an overall positive- your daughter will develop relationships with more staff members, and so will be better supported if there's e.g. staff absence etc. Don't forget many secondaries have slightly longer days, so TAs have to have a break in their day by law too. In schools I have worked in, children like your daughter with physical/health needs were always prioritised for support if there was staff absence, and I do think their needs were met. Some of them did thrive in mainstream, and it may surprise you how inclusive peers can be, even if an adult has to always be present!

I fully appreciate it's a really scary transition, but I would at least speak to the allocated school, and see what their plans are. If you think those are unsuitable, then obviously do push for the special school!

I'm not saying the LA or the school are right, by the way, and I know equally sometimes schools are pressured to say they can meet needs, even when they can't, or things get lost in translation. It does all sound like a complete mess, and if the 1:1 has been removed from the EHCP then that is a major issue- I do think if they wanted mainstream, I would consider pushing for 2:1 at key times.

Genuinely, they make it so hard deliberately because if 50% of parents find it too difficult and give up/stop fighting/choose to home educate instead, then that halves their expenditure. They need it to be hard because they want you to give up. Stay strong.

You need IPSEA model letter 8 if the Annual Review was held in July and no decision letter. It’s the LA decision letter that gives you the right of appeal, not a finalised amended plan.

https://www.ipsea.org.uk/letter-to-la-when-it-has-not-completed-an-annual-review

It’s the LA decision letter that gives you the right of appeal, not a finalised amended plan.

If the LA doesn’t propose to amend, it is the decision letter which states they aren’t going to amend. If the LA is going to amend, which they must do for a phase transfer, it is the letter that is sent with the finalised amended plan.

Have you spoken to the mainstream school SENCo yourself? If not I would do so asap.

The changed EHCP, when it's here, would be a reason for them to review and change their minds - presumably they have only given a provisional answer at the moment.

LA have a responsibility to find the most cost effective solution so I don't think they were wrong to consult a MS school, or to name them when they said yes. But I don't see how they can name anywhere officially before there is an up to date EHCP (and remember you can appeal it when you get it and tribunals for phase transfer get expedited, so this is just another maddening, stressful step in the journey, not the conclusion.)

Re 1:1s at secondary - this is implemented VERY differently at different secondary schools. Do not assume they are all the same. Effective 1:1 support is still possible. Anecdotally we have found schools with a good local reputation for SEN are massively better at targeting LSA time on their students with EHCPs, and are much more likely to see how high their level of need is.

You might find this helpful too OP. Your LA sounds spectacularly crap. Is it one of the home counties?

Annual Review Checklist

we are in London 🤣

I think it's worth getting some advice from a send helpline or charity.

I have myself hung on and on waiting for a plan to be issued and also waited while consults and mediation was ongoing. It was ultimately a waste of time.

When the draft arrives ask for amendments if necessary including naming the school you want. Don't allow delay. If they don't wish to grant the amendments push them to finalise so you can appeal to the tribunal.

Do everything in writing and keep referring to the legal requirements. You might need those letters or emails when you nake a complaint. If you do visit the school confirm what was said and by whom ideally in writing.

Which borough? Worth calling sendiass for some advice