Primary school Allocation - EHCP outcome 2 days after offer day

[Jessyp171]

I’m really confused about EHCPs and the impact of offer days

My little boy is 4 and due to start primary school in September 2023. He has been diagnosed with a neurological disability and is under investigate for autism. He was originally turned down for EHCP in November 2022 but we appealed and won the right to EHCP assessment, with the EHCP process restarting at 6 weeks stage - on Feb 8th 2023

According to the guidance the council have sent, we should get an indication by week 16 (19th of April) if we are to be considered for a draft EHCP.

At this point we will liaise with our named school on the EHCP to discuss hour provision etc.

This is where I’m majorly confused.

The primary school offers day is 17th of April and we expect to here about the EHCP on the 19th of April.

if successful in our EHCP - does this mean the named school has to be the school given to us on the national offers day, even if it’s our second or third choice?????

Could we appeal and apply for the 1st choice
school????

Could we apply to be on the waiting and if so would we go to the top of the waiting list? As EHCP holders are number 1 in the admissions criteria in all the schools we have applied for.
We worry as the council is notoriously bad at making the statutory deadlines - so what if we don’t hear by the 19th April???? How are the waiting list offers allocated, is it first come first served from the 17th of April???

Our 1st choice school is over double PAN oversubscribed (75 applicants for 30 places) and we are on the boarder line of the catchment (2 out of 5 years we would have got in) - we prefer this school as the school is smaller - has toilets directly attached to each classroom, a safe enclosed even playground and is a through school to year 11 - so minimises disruption to our littles boys care and needs.

Our second choice is less than 80 meters away - and we are guaranteed to get this should we not get the 1st choice.

We are really confused - this wouldn’t have been so much of an issue if the initial right to assessment was granted in November - could we use this as grounds for appeal??

All help greatly appreciated

Effectively, you are in two separate processes which could allocate your child two places (assuming that there is not any joined up thinking between the departments!).

You will be allocated a school via the admissions process.

You will be allocated a school on the EHCP, and the process should involve naming the school and the school responding as to whether they can meet your child's needs. You need to be in contact with the preferred school to let them know you are naming them; the reasons why (ideally linked to the child's SEN) and persuade the SEN officer/panel that any objections from the school around going over PAN can be over-ridden.

Focus on getting the EHCP right and naming the school as this over-rides the normal admissions process.

You don't need to worry about this at all. You will get your allocated place on National Offers Day.

If you get an EHCP, you will state your preference for a school. The LA has to admit your DS to that school unless:

The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) 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.

So, as you are requesting a mainstream school, it's very unlikely that any of those criteria will be met, and your first choice school will be named.

The LA will then remove your allocation from National Offers Day.

Thank you so much for your reassurance. The council still haven’t undertaken the education psychologist report can they delay until this is complete.

Is there any penalty if they miss the deadline

Hello, in my area, Essex, there is a huge delay. Many of my families waiting almost a year for the process to finish, and no penalties for this. Accept the place your allocated in April and contact the panel at twenty weeks.
If you have support from a senco, did they put you in contact with support services/ charities. We use SENDIAS and families in focus who assign a case worker and they have been fantastic. It's a very stressful wait, I hope you get the outcome you want.

There’s no penalty unfortunately. I’m in Kent and we’re currently on week 30. We had a first draft at week 22 and not yet received the final. Be prepared to fight.

If I may give you some unsolicited advice, make sure you put everything in writing- even if you have a phone call with your caseworker from the council, follow up with a “just to confirm our conversation” email.

The LA have to stick to timelines. If they don't, submit a formal complaint and remind them that they have to assess within the timescale. EP advice is mandated by law. They must seek advice from an EP.

If the LA isn’t sticking to the statutory timescales &/or aren’t undertaking the EHCNA correctly email the LA’s Director of Children’s Services reminding them of their statutory duties and threatening judicial review if they don’t comply. If that fails and they breach the timescales contact SOSSEN for help with a pre-action letter.