Withdrawing from an EHCP at draft

[pyewatchet]

Tried posting on the SEN board but there's very little traffic, sorry for the crossposting:

Might seem like a strange idea, given how difficult they are to get, but ...

LA have agreed to issue a plan with mainstream provision, currently in draft. Completely inappropriate for DD, the only thing that would work for her is EOTAS although I am quite aware that's very hard.

DD is 15 (yr10) and still on roll at her mainstream but education has been provided by local hospital school where we are finally, after 12 month, making progress via this provision, although very small steps.

Entirely my own fault, but I had not realised the hospital school are obliged to withdraw as soon as the final EHCP is issued.

If she were younger, I would be more inclined to go hard for appeal and EOTAS but she only has 16 months before the end of yr11. Might be entirely unrealistic but is it possible to withdrawn from the EHCP process now so that she remains with her mainstream and therefore with the hospital school tutoring? Obvioulsy I'd have to get her mainstream and hospital school to agree ...

I've tried googling but can only find references to the LA withdrawing the EHCP.

Tempted to say voice your concerns in your response to the draft. It may well be that you need to let it finalise, which gives you appeal rights. At mediation/tribunal, the argument about being allowed to finish her KS4 courses may be strong. Withdrawing could be taken as a sign that you feel she is ready for mainstream without support rather than enabling the hospital school provision to continue.

The LA shouldn't be naming a placement or type of placement at draft stage. They need to go out to consultation to see who can meet needs, it may well be that the mainstream school say they cannot.

You may find that if you withdraw from the EHCP, the mainstream school stop paying for the hospital tuition. The are probably waiting on the EHCP to recoup some of the costs of that.