EHCP - school selection

[Tamary97]

Hi,

DD is in in year 5, her school has applied for an EHCP. I understand if she gets assessed and gets a plan we can nominate any secondary school we want. Does this include any school in any borough or only the borough where we live? also, do we nominate only one school or more? can also be private or only state?.

Do schools really follow the plan? stick to it?

Thank you in advance for any information.

The EHCP is a legally binding contract between your child and the LA. The school just deliver it, the duty to maintain it is on the LA.

Yes you can name any school which can meet her needs. The LA must consult any school you choose. In order for you to nominate a private school you would have to demonstrate that that’s the only place her needs can be met. The law says that your parental choice must be given so long as the placement is not “incompatible with the effective education of others or an inefficient use of public funds.”

All this will become clear the further down the line you get. A word of advice: the school Senco won’t know what she’s on about in relation to EHCP and the LA Sen officer will lie. Read up on as much as you can via IPSEA and SOSSEN who are both totally independent.

Thank you.

' A word of advice: the school Senco won’t know what she’s on about in relation to EHCP and the LA Sen officer will lie. Read up on as much as you can via IPSEA and SOSSEN who are both totally independent.'

This part sounds complicated. I don't fully understand it. New to this process.

Please ensure that if you name a school you are certain it’s the right one.

We just had a child name our school, without the parents understanding how our school is structured. There was no way their child’s needs could be met by our school. Only when the LA consulted with us did the parent begin to realise they’d made a mistake based on our reputation as being the best school in the area. Best for many indeed but not right for that child’s needs at all.

So don’t just name the school you think is the best school - it must truly be the best school for your child.

Unless the school is wholly independent the LA must name your preference unless they can prove one of the following:

• The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) 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 is relatively high, and being 'full' is not enough of a reason on its own to refuse admission. The LA have to prove the school is so full it is incompatible.

The above applies to out of borough schools as well as non maintained and section 41 independent schools. If the independent school is a section 41 school you do not need to prove only that school can meet DD's needs.

Legally you only have to state one preference even though some LAs ask you to list more.

Where are you in the process? Unless you have a finalised EHCP by 31st October make sure to also apply via the normal admissions round as well as back up.

If the provision in section F is detailed, specific and quantified (as it should be) if the EHCP is not followed then you can force the LA (who are the ones legally responsible for ensuring the provision is provided, not the school) to provide the provision via Judicial Review.

I second IPSEA and SOSSEN. The SN section on here is also good.

Smallredclip means LAs often lie and try to make up their own unlawful practices rather than sticking to the law - that's not how we do things here, we don't accept private reports, not sticking to statutory deadlines, telling outright lies... And, some schools also perpetuate misinformation, either willingly or through ignorance - many schools state you need to be 2 years behind academically to get an EHCP, the school has to have spent £6k, you can't OT provision in section F... Always check what schools and the LA tell you.

Thank you. This sounds more complicated than I thought. The school just applied for the EHCP two weeks ago. I am wondering whether is really worth it to be honest. My daughter is behind and has issues with receptive language and working memory, she needs additional support but I don't think it is a extreme case.

We are in Southwark /London

Why wouldnt it be worth it? What do you imagine will happen without one?

I urge you to very quickly get to grips with the principles of the process. SOSSEN webinars are a good start.

Just be aware that the school you choose can refuse a place based on not being able to meet your child’s needs.

Secondaries in our area are increasingly trying to turn down pupils with EHCPs as they have a large number already & they’d rather not have them & the ‘hassle’ they bring. This is especially the case if there are behaviour issues.

I would agree that an EHCP isn’t always the best option. My daughter felt singled out, expectations from staff were low, she missed out on the teacher actually teaching her, as she was always taken out with an LSA. We were all happier when it was ceased!

If everything goes smoothly, you'd get the EHCP by December, which means you'll need to apply for a school as normal in October, but once the EHCP draft is issued, you'd get to name a school.

What you need to do is contact all the local schools and ask to have a look around and talk to the SENCO. Some schools make it very obvious that they aren't going to do their best with a 'tricky kid'. Others bend over backwards.

@FrownedUpon

I would agree that an EHCP isn’t always the best option. My daughter felt singled out, expectations from staff were low, she missed out on the teacher actually teaching her, as she was always taken out with an LSA. We were all happier when it was ceased!

This is my concern. Also, that many schools don't really want children who need additional support. Teachers are already overstretched and there are lot complaints about lack of resources and limited budget from state schools.

I have a friend whose son is autistic, he went to a special school for primary. He wanted to go to the local outstanding comprehensive for secondary school, and the school just rejected him on the basis that they could not provide what he needed.

Thank you everyone for all the information. It is helpful in understanding the process better.

🙄

"What you need to do is contact all the local schools and ask to have a look around and talk to the SENCO."

^^ yes.

Most important- Identify your child's needs.

A lag in primary learning can be amplified in secondary without the right support. The aim should be to promote the best ways your child learns and think longer term to preserve and encourage good mental health over the next 8 years.

Talk to secondary schools in your area.

They don't just hand out EHCP's so if your current SENCO thinks it necessary listen to them.

@Notonthestairs

"What you need to do is contact all the local schools and ask to have a look around and talk to the SENCO."

^^ yes.

Most important- Identify your child's needs.

A lag in primary learning can be amplified in secondary without the right support. The aim should be to promote the best ways your child learns and think longer term to preserve and encourage good mental health over the next 8 years.

Talk to secondary schools in your area.

They don't just hand out EHCP's so if your current SENCO thinks it necessary listen to them.

Thank you. This is very helpful. I will contact the schools.

It is very true regarding promoting the way my child learns. She is a very bright child like many children with special needs but it is a more visual learner and requires a bit more time and tasks being breakdown due to the receptive language issues.

An EHCP sets out your child's needs. To be fair, if a child went to special school for primary, most secondary schools would be unable to meet needs. The gulf between the child and mainstream education will be huge.

Also IME, the difference between a bad school and a great school is that the latter will be honest about their limitations and the former won't know enough to know that they can't meet need.

"It is very true regarding promoting the way my child learns. She is a very bright child like many children with special needs but it is a more visual learner and requires a bit more time and tasks being breakdown due to the receptive language issues."

Yes this is exactly what discussions need to be about. If you can talk to secondaries in conjunction with your SENCO that would be really helpful - our SENCO has been brilliant for this and has a good relationship with other SENCO's. it's worth talking to everyone you can to get a sense of reputations for supporting additional needs - an outstanding school might not necessarily be the best place for your child

The pace of learning at Secondary is much faster. And the school day requires children to plan a head, moving between classrooms, having all your books with you, keeping on top of homework etc. It's a leap from primary. But supportive schools can make adaptations- drop a language, extra English, more time to get class etc, reduce homework.

EHCP's aren't a magic bullet and frankly require eternal vigilance- but they can help and a well written thought through plan is worth the slog.

The bar to prove a school can not meet a child's needs is high. The LA can, and must, name your preference despite a school's objections when consulted if the LA can not prove the child's needs can not be met. If the LA don't name your preferred school you can appeal.

Frownedupon that's more of a problem with the school than EHCPs.

Thank you all. Very good advice and very helpful.

Secondaries in our area are increasingly trying to turn down pupils with EHCPs as they have a large number already & they’d rather not have them & the ‘hassle’ they bring. This is especially the case if there are behaviour issues.

This is a one sided and cynical view.

In my experience (school governor) schools welcome EHCP's if they can meet the need. However, if they can't meet the need, they need to be listened to. They know their schools best. Your child will not thrive at a school which can't meet their need.

If your child needs an EHCP, get one, because the school will then receive appropriate funding to care for them. If they don't have the EHCP funding then their provision will be poorer. But if they do, don't assume it will be enough to buy in anything your child might need - be realistic. Understand that schools are badly funded and need to pool the EHCP funding to look after lots of children's needs, not just your child's.

Understand that schools are badly funded and need to pool the EHCP funding to look after lots of children's needs, not just your child's.

For fucks sake. Go on a training course about the school’s legal obligations and what an EHCP actually is! I despair! And you’re a governor? That’s shameful. You’re part of the problem, not the solution!

Does this include any school in any borough or only the borough where we live?

Are your nearest secondary schools in another borough? If so then you need to look at them like if your child didn't have an EHCP.

I don't know about Southwark but some boroughs do insist that a child with an EHCP has to go to the nearest school that suits their needs regardless of the borough the school is in.

But if they do, don't assume it will be enough to buy in anything your child might need - be realistic.

If section F is specific and quantified, as it should be, the provision in the EHCP must be provided, and the parents can enforce the provision if it's not. Funding isn't a parental concern, if the school need more funding they should challenge the LA for it.

some boroughs do insist that a child with an EHCP has to go to the nearest school that suits their needs regardless of the borough the school is in.

They can't insist on this. As I posted above the LA can only refuse to name the parents' preference in very limited circumstances.