EHCP drama l- WWYD!?

[Whattodo12345help]

Okay so basically I named as my parental preference on my daughters EHCP a special provision unit within a mainstream school, the senco from that school came to visit daughter at nursery after they were consulted.

my case worker came back and told Me that unfortunately that school said they could meet her needs but they were full. So obviously I was gutted but had to think of plan B

well on Tuesday I found out she's been allocated the mainstream part of that school and her teacher at nursery told me
today to give the school a call and make sure she's on their enrolment list, bevause she has an EHCP she might not be.

so I did and I got put though to the senco who I know from Visiting the school twice before.. well I said to her just in general conversation "I know you guys were consulted for the unit but you said you could meet need but we're full" and she laughed in disbelief and said we are not full, we have 3 spaces still. I don't know why they would tell you that" We would be the perfect fit for your daughter you need to fight it.

wtaf?!

Call your caseworker.

I have done I got through to her receptionist who said she'd have her call me back, but after I'd calmed down a bit I sent her a stern email, I wasn't rude but I was clear that I know they've lied to me and im not having it

Appeal the EHCP.

Request the consultations from the LA and make SARs to the LA and school.

If you contact these people, they can help you work out what to do next

www.brightoutcomes.co.uk/

You don’t need a paid for advocate service.

What's sar's?

Is it normal for these people to lie like this? I can't help but feel really betrayed

SAR = Subject Access Request.

Yes, it is very normal for LAs to not tell the truth.

I have just realised you posted a thread the other day, was the notification of the placement at the mainstream school via amending the EHCP? Or was it from the normal admissions process? If the latter, DD doesn’t have a place there if it is not named in section I of the EHCP because now DD has an EHCP it overrules any placement made via the normal admissions process, and you must appeal ASAP because of the timescales.

Yeah it was through normal admissions thats why her nursery teacher told me to call and make sure she was on the enrollment list which is how I found out they had lied to me

I have no idea where to start with an appeal

When the LA finalised the EHCP on the 3rd March the letter with it will have told you of the right of appeal and the contact details of the mediation certificate. Call to request a mediation certificate. Tell them you have considered mediation but don’t wish to partake and just want the mediation certificate. Then you can appeal to SENDIST using a SEND35 form which you can find online. If the school isn’t named in the EHCP DD hasn’t got a place there.

Okay thankyou! I'll do all that now

It could be that the SENCo hasn’t got all the up to date info about the next year’s admissions yet. It’s possible that other parents who have been allocated a place have yet to accept it.
I would ask for a meeting with your case worker and the SENCo to unpick exactly whats happening.

When you appeal you should appeal B&F as well as I. For most ARPs, the mainstream school is named in I and the ARP included in F. B&F are likely to need improvement anyway,

Placements via EHCPs don’t require parents to accept them.

Absolutely all in emails. Appeal absolutely. YEs, I do not trust our LA at all, they are incompetent in the extreme. They also ignore guidelines (e.g. 20 weeks for EHCP). All meetings with follow up with email, I do not trust them at all. Too many cases of promises (verbally) not being fulfilled.

Have the LA actually named the mainstream on the EHCP and sent you a final? Your DD shouldn't have been part of the normal admissions process as she has an EHCP. Her placement just goes through the EHCP Section I process.

If the LA have not sent you a final, then just get back to your caseworker, point out her 'mistake' about the available places and insist that they name the resource base.

Her final ehcp has only named her current nursery in section I

This is all section I says

Alongside appealing email the Director of Children’s Services asking how they intend to provide the provision in F in September.

OK, they haven't named a placement yet then. You just need to get back to them and tell them your preference does have places and play hardball to get it named.

Update: I've spoken to my caseworker (who's changed yet again) over email and phone today. He dosnt want to admit
tnay they lied to me but that's by the by. I've sent him a copy of my daughters autism diagnosis letter to be added to her plan, and then he's going to re-consult with the unit provision of the school we want and hopefully get her a place 🤞🏻

however, do I still appeal? This could drag on way into May and I think my cut off to appeal is May the 3rd

So if she she still
dosnt get in at the end of this new consoliltation what woupd I do then?

Yes, still appeal. Don’t let the right of appeal lapse. If you get the mediation certificate, it will give you a month from the date of the certificate to submit to SENDIST. But, you should submit ASAP because of the time pressure. If following re-consultation, the LA still doesn’t amend to your satisfaction, you already have the appeal in progress.

Don’t rely on the consultation to get a place.

In your situation I would get a mediation certificate then lodge an appeal asap.

You may find that your LA offer your DD a place from consultation in which case you can drop the appeal one the provision is named in a final EHCP.

Yes still appeal. The new case worker is just as likely to be lying as the old one. I no longer trust anyone at the LA and only a few individuals at the school.