Autism - to ask how EHCP decides mainstream or special school placement?

[Leabee1234]

I am really hoping to get some advice or hear from other parents who have been through this because my head is completely all over the place right now.

My little boy turned 3 in August, and we are currently going through the EHCP process. His application is heading to panel in October, and I know we have to figure out his school placement direction as things move forward.

I am so stressed and confused about how the school choice actually works. Do I have to choose between a mainstream or a special school myself, or does the panel making the EHCP decide what type of setting he needs? also when would the ehcp be approved as the deadline for applying for schools is January?

To give you an idea of what we are dealing with every single day, his support needs are extremely high. He is autistic (under a pediatrician and awaiting our full multi-agency assessment) and struggles daily with:

Severe eloping with zero sense of danger—I cannot take my eyes off him for a single second.

Intense emotion dysregulation and aggression when he gets overwhelmed.

Sensory processing challenges where everyday environments completely trigger him.

Huge communication hurdles, making it so difficult for him to tell us what he needs, which leads to massive frustration and meltdowns. He can talk but not functionally I cannot have a conversation with him but he can say things such as hi mommy love you mommy and sometimes says I want drink I want this on TV etc but minimal . He sings alot and uses alot of echolalia too
Mostly I think the aggression is frustration

Close supervision required just to keep him safe and others

Positives are he can be sociable he plays with other children at nursery sometimes he loves his cousins (but this can go other way if he gets overwhelmed or frustrated he melts down hits out throws in anger bites screams hits kicks)

He knows everyone's names including family member friends and nursery teachers

Very clever knows all his numbers alphabet and even can read big numbers and shapes

He gives good eye contact but gets distracted easily with everything cannot sit and play he is very very hyper active constantly running climbing wont sit still for even a second so he has possible Adhd too. Gets distracted easily cannot concentrate.

Nursery have had to reduce his hours due to not having the funding to.meet his needs.

I really like a local mainstream school because of its strong reputation for SEN support, but with his level of need, I am terrified that mainstream won't be right, or that people will think he belongs in a special school. At the same time, I do not even know if a special school is what he needs, or how the council panel determines which setting is appropriate.

If anyone has been through the EHCP panel stage with a child with these type of support needs, how did you figure out the mainstream vs. special school choice? How does the panel make that decision, and when do we actually have to lock in our choice?
Any advice or shared experiences would mean the absolute world right now.

No its not automatic it will go to panel
But the Op wont necssatily have to fight for a place it will depend on local provision and the needs of her child.

If you have the EHCP by January, then it will name the type of setting the Panel agreed. This will be based on parental preference and any provision recommendations in the plan.
Definitely go and look at local specialist settings - special schools and resource bases (special units usually attached to a mainstream school). You will get a feel for one you like best - and go with your instincts on that. Also look at local mainstream options as it would be advisable to apply for a place regardless- even if DS may not take up the place.
I don’t agree that you need additional private reports at this point as you can request changes to the draft EHC plan before it is finalised.
The new SEND reforms are aiming to enable more children to attend their local mainstream school - and this could be what the Panel recommends for your Son - obviously with additional adult support.
Panels are obliged to consider parental preference as part of the decision making process and so try and visit a few options so you can express a clear preference.

My son is 16 now and in post 16 provsion
But when he wss in nursery he had all kinds of assessments and the Educational psychologist advised that a specisl school would be more able to meet his needs
It then went to panel and the LA named the special school
I would look around whats available in your LA

He seems quite bright so I would argue for dedicated 1: 1 for all academic and social hours at school ie a minimum of 35 hours per week. Also he needs 10 sessions per term SALT and possibly OT for his SPD issues. You will need most likely to get your own Ed Psych SALT and OT reports and also argue for high needs / low incident funding. If you want SEN school he need specialist and not special school placement. The issue with non mainstream is lack of access to high quality academic teaching. We stayed mainstream and son is now at university despite very high needs similar to yours eg very poor / heavily delayed language - nonsensical sentencing / ecolaia etc. The alternative is to really fight for an expensive specialist setting that has normal academics. So be careful and check what level they are working eg eg P levels is a no no they need to be on curriculum.

You will need the reports to get all the ancillary care he needs eg SALT and OT otherwise they will fob you off with universal OT and SALT ie given my an LSA trained by the SALT in a group setting etc which is not good enough. Been there and have the t shirt.

Also a detailed Ed psych report will assess other things eg executive functioning, working memory etc all critical things. The report form the LA is usually 2 or 3 sides and really quite rubbish.

He has the right to attend a mainstream school, if you say mainstream he will be given a mainstream place. He sounds like my DS, apart from the violence. My DS has gone to mainstream and it's working better than nursery. He has a lot less meltdowns in school. I say this with no disrespect to nursery staff, I've been one, they work very hard. However, it's usually a private setting and the investment in training staff and the level of experience in the setting is usually a lot less than in a school.
My DS still struggles to sit still but the teacher and TAs are managing to get a couple of minutes at a time doing some 1:1 work with him, he also absorbs a lot of the class teaching whilst wondering around the classroom. He is making progress, he's just gone in to year 1. I'm not sure if he will be able to stay in mainstream, it will depend on how this next 2 year's go. As it stands, I've no regrets about trying mainstream. I worry he wouldn't have progressed as much in a special school as he wouldn't have been as exposed to the class teaching of the curriculum relevant to his age and wouldn't have been surrounded by other children who have typical vocabulary and social skills that he can learn from. I am mindful that it could come to a point where he needs specialist and I may need to fight for it and have a period of waiting whilst the school aren't meeting need (if it gets to that point).
Specialist school isn't a parents choice. If that's what you want for him there will need to be a lot of evidence put forward to say why his needs can't be met in mainstream and it it the council who will make the decision.

also note the words dedicated 1.1 support with specified hours

each word/ specification is critical

SOSSEN give good advice

To name a preferred school under Section 38 of the Children and Families Act 2014 in an Education, Health and Care (EHC) plan, you must request it in writing when your local authority sends you the draft plan. 1, 2]
The local authority (LA) has a strong legal duty to name your requested school in Section I of the EHC plan unless a specific exception applies. 1]
Types of Schools You Can Request
Under Section 38(3), you have the right to request: 1]

• Maintained schools or maintained nursery schools
• Academies and free schools
• Institutions in the further education sector in England
• Non-maintained special schools
• Approved independent special schools (specifically those approved under Section 41) 1, 2]

The Local Authority's Duty When you request a Section 38(3) school, the local authority must comply with your request, with only three narrow exceptions under Section 39: 1, 2, 3]

1. The school is unsuitable for your child's age, ability, aptitude, or special educational needs.
2. Your child's attendance would be incompatible with efficient education for other children.
3. It would lead to an inefficient use of resources (unreasonable public expenditure). 1]

The legal burden of proof rests entirely on the local authority to prove why they cannot name your choice—you do not have to prove that other schools are unsuitable. Guidance and advice are available through organizations like IPSEA if your local authority refuses your request. 1, 2]

For specialist schools the argument is run on inefficient use of resources as they are expensive

if they don’t want him in mainstream they will argue
incompatible with the education of other children

I would want to be in the hands of a good Ed Psych to steer me personally speaking from experience

These years are critical and money spent now is a good investment of your kids DLA money.
Also private tutoring would be useful

You’re wrong. Professionals can’t give a view. Some do, but it has zero weight and has no impact on decision making. a draft EHCP can’t contain anything that may refer to a specific type of placement because this could bias the decision making. B + F = I

As I said, parent states a preference and the LA agrees or not. There are only 3 reasons not to agree otherwise you go to tribunal. Tribunal is evidence based and they will not take any account of an EP’s opinion.

Thank you. He is under SALT however not OT yet? Salt ive seen them twice nothing else the waiting list for sessions is so long. He's under integrated early years so the councils senco works closely with him, SALT, under paediatrician (he had his first apt last week where they confirmed he has autism but this will go towards his multi agency diagnosis) hes under child assessment autism service they have done an assessment not heard anything since. However other than that I dont get other support I feel I need support desperately but im not getting it. Im completely new to this hes my first child and im also a single mom so navigating this completely on my own is daunting and stressful. I want him to get the support he needs

OTs in my LA don't do sensory integration, I think there are a few LAs who don't do it. The EP report should look at sensory needs and make recommendations on how to meet there. There is the option of a private OT assessment. If you have this done during the EHC needs assessment it should be able to contribute to the assessment and planning, but again, that's down to the LA.
There's the option of private SALT too, I eneded up getting DLA for it for my DS because I would've struggled to find £60 per week for it. NHS SALT is pretty poor in most places. My LA included the private SALT report in his assessment.
There should be an agency providing independent advocacy for those going through the ECHP process. You'd be best finding out who that is and contacting them as they will have the knowledge on what's available in your area.

If the LA agree to issue an EHCP, you will get a draft. At that point, you get the opportunity to comment on the draft and state your preferred placement. Then when the LA finalise the EHCP, in most cases (you don’t need to worry about the situations where it isn’t), there will be a type of placement and a placement named.

Unless you preferred school is wholly independent, the LA must name your preference unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs
-Attendance would be incompatible with the provision of efficient education for others
-Attendance would be incompatible with the efficient use of resources.

The bar to prove one of these is high. Despite what a previous poster posted, schools that are not wholly independent can, and must unless the LA can prove one of these above, be named even if they object. The LA does not need them to agree they can meet need or agreed the funding before naming them in an EHCP. Although it isn’t uncommon for LAs to act unlawfully and force parents to appeal.

The rules are slightly different for wholly independent schools.

Section B&F of the EHCP are important. The placement named in section I is the logical conclusion of B&F. B+F=I. B&F are informed by the evidence, so make sure the needs assessment is undertaken correctly. I wouldn’t get independent assessment at this point.

SALT and OT can be part of the needs assessment. You should request the LA seeks advice and information from them. The normal waiting lists do not apply.

The evidence should help you understand DS’s needs more and the support he requires, but sometimes LAs reports are incredibly poor so don’t just rely on them to make your decision if you know they aren’t accurate.

Visiting schools and asking lots of questions will help you begin to get a feel for what will work for DS and what won’t. Although some SS won’t allow you to visit at this point in the process.

It doesn’t sound like it applies in your situation, but parents don’t always have a right to mainstream. There is a right to mainstream unless a mainstream placement would be incompatible with the efficient education of others and no reasonable steps could avoid it. That isn’t quite the same as always having a right to mainstream. And it isn’t the same as a right to a specific mainstream.

OTs in my LA don't do sensory integration, I think there are a few LAs who don't do it. The EP report should look at sensory needs and make recommendations on how to meet there

This might be what your LA want you to believe, but the law is the same in all LAs. If the LA doesn’t have anyone qualified to assess in their LA, they should commission an independent assessment. They lied to you if they said they ‘don’t do it’. The EP cannot comment on needs and provision outside of their remit. A report properly covering sensory processing difficulties is outside of their remit.

In my experience as a Senco, lots of parents regretted not naming a specialist setting at the outset, choosing mainstream to see how their child would get on with a view to switching to specialist if school couldn’t meet needs. Invariably, we did our absolute best but couldn’t fully meet the needs of our most complex children. They were loved and cared for but they didn’t thrive.

However, once they’re in mainstream, it’s nigh on impossible to get a place in specialist provision, at least until Key Stage 3. This is purely in my experience. It could be different in other parts of the country, although I doubt it. Specialist places are like hen’s teeth!

I’ve never known anyone to get a special place without a fight. I’d bite their hand off if they offer it. They leave kids in mainstream for years that can’t cope. It brutal for that child and everyone around them. If he’s violent I’d push for a specialist place from day 1.

He’s just 3, many of the things you listed are typical toddler behaviour so at this stage they would not be able to judge his long term prognosis, my asd dd couldn’t speak at 3 but has a master’s now!

the first decision you will have as an august birthday is whether to delay school for a year, this will mean another year of development and may make school choice clearer.

my dc changed a lot once she acquired language at 4, the frustration dropped significantly

Ps we fought for mainstream despite them trying to warehouse her at a special school, she is incredibly clever and deserved a full education not a dumbed down one - the through special education school was barely getting any GCSE’s for their students whereas my dd got 13 a*’s

For non-wholly independent schools, ‘full’ is not a sufficient reason to refuse to name your preference. The LA has to prove the school is so full admitting DS would be incompatible with the efficient education of others &/or use of resources. The bar for this is higher than LAs and many schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. Although this doesn’t stop LAs sometimes refusing and forcing parents to appeal.

One thing to take into account is timings of appeals. If DS gets an EHCP this academic year and when the reception placement is named you appeal the reception placement, your appeal would be a phase transfer appeal and therefore prioritised with a much, much shorter wait time. Whereas, if you try mainstream in reception then try to change e.g. for Y1, if you have to appeal, it won’t be a phase transfer appeal. The wait will be much, much longer.

Another thing you might want to consider is the SEND reforms. No-one knows exactly what changes will be made or when, but proposals include weakening appeal rights.

We are in the same boat @Leabee1234DD is 3y5m, she has zero in the way of words but is starting to babble more/be more vocal.

We are waiting for an EP to assess, unfortunately our LA emailed to say they are seriously thinking on the ground and that they apologise, I’m aware that isn’t a reason for them not sticking to the mandatory time scales though.

DD also has no sense of danger or any way of communicating when something is wrong, if something upsets her too much she will start hitting herself in the head. She only goes nursery for one hour on a Mon/Wed.

From what I’ve seen round here you can’t apply for specialist without having an EHCP in place?

I’ve also debated with deferring her for a year but haven’t decided yet!

you have my sympathy it’s all a bit stressful and confusing!

@Leabee1234
Did the Paediatrician mention post diagnostic support or programmes?
The NAS EarlyBird and EarlyBird Plus programmes are really good and you’d get to meet other parents in similar situations. Look on your LA’s SEN local offer or ask the EYFS SEND team to see what’s available.

I cant imagine many mainstream schools agreeing they can meet this level of need in any case. So although mainstream is verly likely to be the first port of call for the SEN team, the school actually has to say it can meet the needs of a chlid anwya

The Panel will recommend special or mainstream/resource provision. I work in a special setting and he sounds like he would be a little bit too able for us academically but it’s not only about that as you know. So his emotional and behavioural needs will also be taken into consideration and parental preference can be for any setting.

Hi Leabee, I'm sorry if all of our posts are actually quite confusing and overwhelming. We all have different experiences which therefore influences the advice we have. If it hasn't been suggested already you may wish to contact SENDIAS and or IPSEA.

Sage advice here.

It's really hard and fwiw I send you love and support. You are doing an amazing job already thinking it through and asking the right questions- it will get easier. Also, that desperate feeling of "I don't know what to do and I might get it wrong and nobody is helping me" is sadly a really normal one. So you have it very tough, but you are not alone.

Good advice I had was that it is completely a journey and you don't have to get everything right, right at the start. What you know in a year will be 100% more than you know now, and you can only absorb things at the right pace and as the situation unfolds. You got this.