Should we keep EHCP or not?

[MrsBelindaMay]

Hi all, would be grateful for your thoughts.
DD is currently at a private school (secondary) and I am trying to move her to the state school which is proving difficult as local schools are oversubscribed. She has EHCP. LEA is asking if we want to keep it or that we can drop it if accommodations are no longer needed.
My question is, would EHCP help DD get a place in the new school? I.e. does LEA has a duty to find a place locally if a child has EHCP? Or will it, on the opposite, hinder her chances?

It's not about whether it would help or hinder her chances of getting in, it's whether (as you've been asked) she needs the support, funding and extra attention that it entitles her to. They aren't easy to get so presumably she has had significant needs previously. I wouldn't throw it away lightly.

If your child has an EHCP you can ask for your preferred school to be named. There are only limited grounds on which the LA can refuse to name your preferred school. Once the school is named, it has to admit your daughter. So having an EHCP puts you in a very good position for getting a place for your daughter. And if the adjustments set out in her EHCP are still needed, you should definitely keep it in place.

I second what @prh47bridge says.

This^
I would keep it definitely, apart from all reasons mentioned new place might throw in new challenges and EHCP would be vital to resolve this.

I also find their question very weird. Have her needs changed? If no, why should her EHCP to be ceased?

I think they are hoping you'll say it is no longer needed, which is to their (financial) benefit but not to her (educational) one.

Thanks for all your replies.
DD's EHCP was up for regular revision recently and she has developed a lot over the past years. So many provisions in it no longer apply. She has ADHD and is still struggling - self-organisation, attendance, keeping on top of her school work.
When I sent to the LEA my revisions to her EHCP, based on her behaviours, they said that I am suggesting removing most of previous provisions and that maybe we want to drop LEA altogether.
I will ask them about the named school, this is an important point, thank you.

Sorry, meant to say "want to drop EHCP altogether"

My concern is that the local schools - where DD can actually get to on her own - will say that they cannot accommodate her with EHCP (due to lack of resources, etc) whereas without EHCP they may be able to take her.

Can you talk to your local Sendias(s) re this @MrsBelindaMay ? I would be less keen to drop for the all the reasons mentioned by other posters personally but see your point. It's such a difficult situation I know.

This!

The LA Officer is being very sneaky, or trying to be. Of course you should keep it, unless your DD no longer needs adjustments/ support.

Before making a decision, please bear in mind that the transition to new school may be challenging for her. It often is, even for children with no EHCP.

A school can’t refuse to take a child with an EHCP due to lack of resources. I would absolutely keep it, make sure it’s updated and ask to name your preferred school. Children with EHCP’s usually have preference to spaces over children without.

EHCP is helpful to get a school place as they can go over pan which means you can get the school you want.
It's helpful to have an up to date amended plan as she'll still need some accomodations. It's also worth noting that going from a private (presumably smaller class size) school to mainstream will be tricky at least initially. It's helpful to have her needs flagged.
Even if the mainstream says they can't meet need, the LA can direct them to take. If you have a more accurate EHCP it's helpful for those conversations so you can choose an appropriate school.

What does the EHCP say that she needs? Remember that the receiving school will get funding towards support for DD. Unless she exhibits challenging behaviour, I doubt that all schools will say that they cannot accommodate her.

No challenging behaviours but, for example, one of the local schools refused DD with the old EHCP saying that they cannot meet her needs.

I would hold onto it because you might find she struggles in bigger classes in a bigger, busier school. Better to give it up once she's settled in the new school and you know she's going to be ok.

I echo the above. Please don't agree to ceasing your child's EHCP. The EHCP should be tailored to your child's specific needs. It is reviewed every year and amended if certain outcomes have been met and new provisions put in if needs have changed (on the basis of professional reports). Yes the local school may accept your child if you don't have an EHCP (saying they can't meet needs with an EHCP) but that won't mean that your child's needs have disappeared - they will still be there but will be in a school completely unable to meet needs and there will be very little that you will be able to do about it. This could have a detrimental effect on your child's education and mental well-being. Don't forget it's the responsibility of the LA to ensure that the school complies with the provisions of the EHCP and this gives you protection against the school. Also EHCP's go up to the age of 25 if the child is still in education or training and once the child is in year 9 the LA also has to include provision for the preparation for adulthood in the EHCP - and this support can be invaluable to a young person with SEN who can also be quite vulnerable and need a lot of support to live independently/obtain employment/access the community.

It would be easier for the LA for you to give up the EHCP. This is their motive if they are trying to say it will benefit your daughter.

I would absolutely NOT get rid of her EHCP in the context of an ADHD diagnosis. They are legal documents that have never been easy to get and are likely to get harder with the proposed SEND reforms. I don’t think you’ve mentioned how old your DD is but as the parent of two children with ADHD, there can be different challenges at different ages, especially puberty.

Best of luck

Everything Prh47bridge said.

I would not be in agreement with ceasing to maintain. Not at all. When you are doubting whether an EHCP is still necessary, read this part of your post again. "is still struggling - self-organisation, attendance, keeping on top of her school work." The EHCP is still necessary. The content may need amending, but I wouldn’t be pursuing ceasing to maintain. If the LA genuinely thought it wasn’t necessary to maintain, they would have proposed to cease before now and not waited for your representations. Even if you get to needing to appeal, appeal, the LA must maintain the EHCP until the conclusion of the appeal.

Schools don’t just get to refuse admission to DC with EHCPs. It isn’t as simple as that. State schools can be named even if they object when consulted. In fact, if they are your preference, they must be named unless the LA can prove the high bar for one of the limited lawful exceptions. Once they are named, they must admit.

Which particular aspect of her EHCP did they say they could not meet? Generally speaking, the only valid reason that a school can refuse a child with an EHCP is if the acceptance of a child would be detrimental to the education of the other children in the school.