Ehcp named secondary school - wrong choice

[SleepingStandingUp]

So we had to name two secondary schools, I put T and G because they had to be in our town, then emailed and said we wanted M second, from the next town over.

Time passes.

M have been to visit our primary, G called Nd spoke to come one and T tried but couldn't get hold of someone. So seems like all three schools have us on their list.

We've been allocated G, the one I wanted swapped out cos it's great but I can't get my kid there.

Anyone know what I'm meant to do now? They're all academies, he's in mainstream, he has comparatively low needs and M had been really positive on their visit.

How do I find our why the two schools refused?

I've called the office of the SEN worker but they're not in and I'm spiralling

When you emailed them they probably just added it as you generally choose 3. Why did you list it originally if you couldn’t get them there? If it’s your named school and closer one couldn’t take dc then you should be offered transport

You can appeal if you disagree with the placement named in the EHCP.

With an EHCP you didn’t need to name more than one preference. Neither did your preference need to be in your town.

Contact the LA and schools directly. You could also submit SARs.

Academies can be named even if they object. If one of the academies was your preference the LA can and must name them unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs 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.
The bar to prove one of the above is high.

If it is about transport rather than the school named, you could look at school transport.

First choice is 1.9 miles allocated is 2.2 miles. At the time I'd hoped I'd be working and driving by then, but we've had a shot year of in and out of hospital with said child so it's not happened and now I've got issues with my hip I'm not sure it will.

You don't generally get 3 through an EHCP at least not here.

. Yvworry with school transport is thry might allocate it for a year then remove it. School is 2.2 miles to get to, 2 buses and a walk. It's 2.6 miles from his brothers primary.

RE the bar bring high to prove, this is why I'm confused. He has no behaviour issue beyond being easily distracted and then he daydreams. He isn't violent, aggressive, shouting out or messing about in class. He's academically average but has a processing issue so he needs longer to do some stuff but again, he's keeping up at school in the middle of the pack. Homework is completed. His physical needs mainly affect us at home. His autism is on the milder end of the spectrum. I don't understand why they've refused.

Is there any point speaking to the schools directly? Who would I speak to?

I would try to speak to the SENCOs. It is worth it if only to ensure they had an accurate picture (LAs are notorious for providing an incomplete &/or inaccurate picture) and to triangulate information (LAs don’t always tell the truth and sometimes one way you know this is by the story from school(s) and the LA being different). Asking questioning and considering submitting SARs will help you understand the LA’s decision so you can pick their reasoning apart during an appeal.

If it isn’t your preference, you should appeal, but just so you know, if transport was removed, you would be able to challenge the decision.

You name the school you want and the LA sends it the paperwork. They either say yes - great - or no and then the LA asks you to name another school.

So I simply don't understand your post, sorry.

Maybe contact your sendiass team tomorrow for help. Or SOS!SEN.

OP’s preferred school is not wholly independent. Therefore the LA can name the school even if the school objects. An offer of a place is not required. They do not need the school to say yes. LAs often name placements despite a negative consultation.

Often LAs do not go back to the parents for another preference if the parents’ preferred placement responds negatively to the consultation.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

Thanks you. What are SARA?

SARs = Subject Access Requests.

They didn't ask for one school, they asked for two. Because the way the form was, I couldn't name the out of borough school so I named two in our borough and then emailed requesting to change the second one to an out of borough school. Instead of removing the one I wanted to swap out, they left it on and now we've been allocated it

Quite a bit to unpick. OP you can name any school which can meet the child’s needs when all reasonable steps have been taken, so long as the placement is not incompatible with the effective education of others or an inefficient use of public funds. That’s the legal position. And you always have a right to mainstream.

The LA must consult with any school you request and can also consult with whomever they like but the final decision is yours. Nothing to do with out of borough or how many other EHCP kids they have that year etc.

Id recommend a call to SOSSEN, or IPSEA and have a google of the transport policy and call SENTAS. Don’t trust a word the LA tell you.

Well that's wrong. You should have been asked to name a single school and this could be out of borough.

Well that's not how they do it. The form had two gaps. Anyone applying for a secondary school with an EHCP in my borough is asked to name 2 schools. I assume it speeds up the process if a school says no.

And this is why it’s really really not a good idea to trust anything that the council say because in this element for example, it’s nonsense. Just because they send you a form with two spaces in doesn’t mean anything legally. As I said earlier, IPSEA and SOSSEN is where it’s at.

Just because that is how your LA say they do it doesn’t make it lawful. As I said in my pp, you did not need to name 2 preferences and you did not need to name a placement in area. You also did not have to fill in their specific secondary transfer form.