Advice regarding EHCP

[snozie]

Hi my step D is currently in final stages of an EHCP being drafted, her school have returned and rejected two recommendations for support including 1 - 2- 1 support in the class room and sensory circuits. LA have asked if we are happy to proceed with them as the named school and we are obviously not as they cannot provided the 1-2-1, we have no idea where to take it from here or what to expect if we say no to the current school, can anyone advise?

Provision in an EHCP is based on the child’s needs, not written to fit a specific setting.

In response to the draft, you can make representations and inform the LA of your preferred school. Unless your preferred school is wholly independent, the LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs 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.

The bar to prove one of these is high. 1:1 and sensory circuits wouldn’t meet that bar. The school doesn’t get to reject recommendations. Provision detailed, specified and quantified in F of EHCPs isn’t merely a recommendation. It must be provided and can be enforced. The LA is ultimately responsible for ensuring it is provided. Schools may object when consulted, but that doesn’t mean they can’t/won’t still be named. They must still be named if they are parent preference and the LA can’t prove one of these above, and the provision must be provided. So if that school is your preference, say so. If it isn’t, tell the LA your preferred school. You only need an offer of a place for a wholly independent school.

The school shouldn't be dictating what's in the plan. The plan must be written for the support the child needs, not what the school feels like offering. There's no reason they can't do these things if appropriately funded which if the plan is properly written (specific and quantified) can be enforced. If it's in the plan and the school is named the LA MUST ensure the support is in place.

Schools don't get to say they don't like parts of EHCPs. They are allowed to say that they don't think they can meet the needs of the child and why. It sounds like the LA have decided that it would be a good idea for you to accept an inadequate provision to stop them from having to do their job.

Don't accept inadequate provision. Do as @flawlessflipper says. You need to either

• Reply that you don't accept the school who say they can't meet need and instead you'd like school x named

or

• Reply to say that you want the school named but that the LA must enforce the 1:1 and the sensory circuits.

The only caveat is that it will depend on the wording in the EHCP. What does the draft EHCP actually say about 1:1 support? Often people think that the EHCP specifies 1:1 support but the wording is so vague that it really isn't enforceable.