EHCP named mainstream school who hadn't responded to consultation but now say they cannot meet needs?

[ShowerMarbleRun]

My son has just had his final EHCP issued, it is all great, except that instead of any of the specialist schools I asked them to consult they have named his previous mainstream school in section I.

There is no way that a mainstream could possibly deliver the type of provision detailed in the rest of the EHCP for various very specific reasons, it is complete madness.

I contacted his school asking if they had said they could meet his needs and pointing out why I didn't believe they could, and they replied that they agree they cannot, but had been swapping sendcos when the consultation came through and because of this the deadline was missed and they did not reply again.

So the mainstream has been named without having no said they can meet his needs, presumably because he is still on roll there and the LA want to cut costs and don't gaf about my child missing even more education.

The mainstream are going to contact LA and say they cannot meet his needs.

What I need to know is what are the legal implications of them saying this beyond the consultation deadline?

I will appeal if I have to - but the only aspect I disagree with is the named school, so I don't want to waste my time and effort if them saying they cannot meet his needs will automatically remove them from section I?

Thanks in advance if anyone can advise.

You might want to ask MN to move this to the SEN or SN boards.

Appeal section I. You should also look very carefully at B&F because often they aren’t as good as parents first think. For example, they often include vague and woolly wording that parents don’t realise means F isn’t detailed, specified and quantified and I is the conclusion of the needs in B and provision in F.

Unfortunately, it isn’t uncommon for mainstream schools who think DC need a specialist place to still be named. The school could tell the LA they can’t meet needs, but because they aren’t wholly independent, the LA can name them anyway. Depending on the circumstances, schools can in theory take this further, but they mostly don’t.

When you say DS is missing school, how much is he missing? How old is he?

Unfortunately a lot of local authorities won't name specialist without an appeal at least being lodged.

The law states they must name parental preference, apart from a non section 41 independent school, unless they can evidence the criteria in section 39(4) Children and Families Act. https://www.legislation.gov.uk/ukpga/2014/6/section/39
But a lot have an unlawful blanket nearest mainstream policy anyway.

I'd also consider appealing B, F and I as a previous poster has explained.

Thanks - that's so useful. He is now y8 and has missed almost all of y7, all of y8 so far, and missed a significant portion of y5-6 due to his difficulties and schools not being able to adequately support him. I'm fuming. I shall appeal and look further at the sections detailed. Thanks again

Is alternative provision in place?

Make SENDIST aware DS is out of school. Sometimes hearings for these pupils can be expedited.

Thank you - no he us just at home falling further and further behind and getting more and more disheartened 😢

On their website, IPSEA has a model letter you can use to request alternative provision.

Thank you.

I'm spitting marbles. His mainstream school contacted LA to say they cannot meet his needs, and LA have basically said to me - it's too late, they've been named, we can provide funding to help them do it.

I know I will appeal and will almost certainly win, but it's all just such a shit show. Why do they play this stupid game of making you appeal when 98% of appeals win? It just wastes everyone's time, presumably wastes huge amounts of LA money, and most importantly wastes time that the children affected will never get back.

And no amount of funding that they can provide for one single child with an EHCP in a mainstream school is going to make all of their classes significantly smaller and change the entire way they teach. Because this is what would be necessary for them to actually meet the provisions outlined in his plan. It's utterly ludicrous

LAs act like they do because despite spending large sums defending indefensible cases, often against unrepresented parents, it saves money. At least in the short term.

They make parents appeal because there aren’t enough special school places and special schools are beginning to struggle as much as mainstream schools. Sometimes a suitable special school place just doesn’t exist that will meet all of the child’s in the way that they deserve.

Have you looked at the special schools local to you and found one that you think will work best for your ds?

Good luck with your appeal OP. It is shit that you and your son have to go through this.