To change my goal in EHCP phase transfer dispute with LA (mediation/appeal)?

[SleepDeprivedbutDetermined]

AIBU to change my phase transfer 'preference' at mediation/appeal and bring new evidence into ehcp?

I'm not sure if there would usually be another ehcp review in year 6 eg in the last term of primary school but I'm assuming not.

This is a new thread now I have received a finalised EHCP naming a placement for secondary (after a battle).

So: the new battle.

It seems as if my first preference (an ARB) vanished from the paperwork and wasn't consulted. I have an acknowledged email where I named it so can argue for it to be consulted.

The ECHP is a mess. Some additions and deletions were reversed in the last review so it's a mixture of very old and more recent information. I want this all corrected before any further consultations or discussions about placement happen. I think it might make sense to get some new up to date evidence to counter the LAs claim that DC with Autism and ADHD can manage fine in mainstream because of areas of cognitive ability (eg can read well, but will only do so to any degree in areas of special interest). The sensory overwhelm of a noisy, crowded environment isn't addressed.

My AIBU is about changing my mind from school to EOTAS/EOTIS. This whole messy process has steered me in the direction of thinking being in school is probably not going to work, specialist or mainstream. I'm not even sure I should ask for an ARB to be considered.

So I'm kind of asking if I have to argue for what I said I wanted in October or whether it's reasonable or possible to argue that something different should be considered.

I know the school doesn't want it but I think I would accept alternative provision under the umbrella of the named mainstream school.

My late night question sank without trace!

If you see this I'd value your opinion.

To get eotas you would need to evidence no school can meet needs.

Thank you. Its a messy jumble but in the last 9 months a specialist I wanted has said they can't meet needs and the mainstream LA wants has said they can't meet needs but LA is saying tough, mainstream, we're finalising naming you.

Yes, you can rely on new evidence and you change what you are appealing for.

However, for EOTAS/EOTIS, you will need evidence that it is inappropriate for provision to be made in a school. The legal threshold for EOTAS/EOTIS is not about it being your preference.

If DS is not to attend a school, then the school shouldn’t be named in section I.

Is the SS you originally wanted wholly independent? If not, what do you think? The school might not think they can meet needs, but if they are not wholly independent, the school can be named even if they object.

Most ARBs are not separate registered institutions. Therefore, for most ARBs, the mainstream school is named in section I and the provision provided by the unit included in F. So you should check if the ARB you may be considering is a separate registered establishment or not.

The EHCP not being accurate is why you should proactively contact any setting that has been or may be consulted. That way they have the complete picture and up to date evidence.

There should have been a phase transfer review in the autumn term of Y6 so there wouldn’t ordinarily be another review in the summer term of Y6.

Have just gone through this, had the tribunal yesterday.

Last year we had a mainstream secondary school named, we were in yr6 then. First it was for placement only and then changed it it sections b & f also.

We got a private siot report to add as evidence but wish we could have also got our own EP report also. You will need to evidence what should be in section b and that forms section f

Ours were a bit different in that the LA conceded to EOTAS before the tribunal but still had to have the hearing for the SIOT evidence and the final wording of the working document.

All the best its a hard process but worth it.

Thank you @ChasingMoreSleep and @Sunrisemouse that's really helpful.

I get that as far as the appeal goes EOTAS/EOTIS isn't about my preference. What has happened is I have moved from last Autumn when I thought a particular ARB was the best for DS. Now I'm not sure any school would really work

There are 2 ARBs, a wholly independent specialist, a non specialist independent, a maintained specialist and a mainstream without ARB 'in the mix' 3 or 4 of these have said they can't meet needs. I don't know whether others were consulted.

Different reasons given but I'm getting to the point of thinking he's just not school shaped enough.

I know the schools think they can’t meet needs, but what do you think? For the non-wholly independent schools, it doesn’t necessarily matter that they have said they can’t meet needs. They can be named even if they object. You can appeal for them even if they objected when consulted. You only need agree to from wholly independent schools.

@ChasingMoreSleep yes.

Leaving aside what was my first preference.

I absolutely agree with the mainstream that's saying it can't meet needs and I agree with almost all it's reasons (decent school, zero fit for DS).

But I have also realised that the maintained specialist (great school but only very partial fit) wouldn't work because of an LA reason. They are shockingly wrong about a lot but not everything.

I guess this has made me realise that I might be wrong to hope for a 'good enough' fit in any school. DS has a really spiky profile...

In that case, I would start collating evidence to support your appeal. It is also worth reading some of the case law around EOTAS/EOTIS.

I have come back to say thank you @ChasingMoreSleep

OMG what a month! It has nearly tipped me over the edge, in fact today I could feel depression getting a grip round my throat.

By an absolute miracle (and following all the advice, requesting mediation, persisting and looking up case law and constantly banging away at the Council) I got a message this evening to say the LA has decided to consult with several specialist placements and "Please be reassured that we are working to ensure DS's needs are appropriately met in a setting where he can be supported effectively". I absolutely cannot believe it and feel like I won't until theres an actual offer of a place.

Any of the places they are consulting would be better than a complete traumatic failure in mainstream.

I feel as if I am lying breathless on the side of the road having narrowly missed being hit by a truck. But my bike is a write off.

Good news.

You can do this.

Contact the schools who have been consulted or you think may be consulted. Provide them with a full picture and up to date information. It is common for LA consults not to provide the whole picture.

If you haven’t already, still submit an appeal to SENDIST. Don’t let your right of appeal lapse.

Yes, I will do that. Thank you.