School on ehcp can’t be changed?

[BiscoffSundae]

Not sure where else to post. Is it true that a school named on an ehcp can’t be changed? This is what I’ve just been told at an emergency annual review, the mainstream secondary have stated they can’t meet her needs but sen officer has said school named on ehcp can’t be changed...

Is the school the one that you want?
What would they need in order to be able to meet her needs?

Sorry to add a little bit more information, my daughter is 11 asd and in a mainstream primary secondary school she was given mainstream against my wishes I applied for Sen schools but it came back as mainstream and they’ve named a mainstream in her ehcp that I don’t agree with, unfortunately I am too late to appeal and I’ve been told nothing can do done now and they can’t change a school once it’s named on her ehcp.

even though the school have said they can’t meet her needs which I agree with they can’t she can’t go to a mainstream she has 1:1 all day still in year 6 she displays challenging behaviour (aggressive) she has no danger awareness and escaped the school the other day, she is extremely anxious and can’t cope in class and spends the day outside at her work station, the LA named the mainstream even though the mainstream said they can’t meet her needs.

No that's not true. Dd had an Ehcp in mainstream, her school was changed to a special school so that was then named in her EHCP. We are now in the process of moving her again, and her new school will then be named in her Ehcp. You should have right of appeal if they have given her mainstream, you can also ask for a change of school in her Ehcp review which is normally annual, but an early one can be called if necessary

Sorry I missed the part about missing the appeal date, but a early meeting can be called after she starts to request a change. At this point in the term it is unlikely anything can be done and she will have to start the named school I believe, but the school can then arrange a review to request a special school, which will give you the right to appeal if that gets turned down

Definitely not true, ds's EHCP was initially set up at his current mainstream, but has been changed to say he will attend there until the end of the year, then a ARP from September.

Call for an emergency review and request that the school be changed. They have to consult with any school you ask for, and can only refuses to name a school if they can prove that either:

The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person;

The attendance of the child or young person would be incompatible with the provision of efficient education for others;

The attendance of the child or young person would be incompatible with the efficient use of

The bar for been able to prove these is quite high, so even if they try to refuse your request, if you appeal the decision it is very likely to go in your favour.

I’m just so fed up honestly feel like they stitched me up! Told my I HAD to include a school in the borough if I’m applying out of the borough now saying well you chose that school, yes because they told me I had to pick one! I was never going to send her and I made it clear at her annual review, now they said the LA will argue they’ve given me a school I chose, then the sen officer is saying it can’t be changed, her school was joking they will keep her until it is but I don’t think that can happen, I haven’t even told my daughter what’s happening next because it will distress her and whilst I don’t even know myself what is happening but they usually would have prepared her for secondary but they haven’t been able to do that when no one knows what is happening

Ask the LA for an early review. Unfortunately, the LA don’t have to agree to hold one and it doesn’t give the right of appeal. If that happens you would need to either wait for the AR or request a reassessment of needs which if refused does come with the right of appeal. You could also try asking if SENDIST will accept a late appeal, they sometime do.

The school named can be changed. Unless the school is wholly independent the LA can name them even if the school objects. You didn’t need to apply to a school within the borough.

I don't understand how you can be too late for an appeal. You have two months from being notified of the LA's decision to appeal. Even if you have missed that deadline, you can apply for permission to appeal out of time, i.e. appeal despite missing the deadline.

I missed you have just had an emergency review. Therefore you will get the right of appeal whether the LA agree to amend or not.

If you’ve just had an emergency annual review you will get the chance to make another school when you receive the proposed amended.

When did you receive your last plan?

Have you spoken to the SENCO at the new school, are they supporting you and DD?

Have you found a school you would like her to attend?

The senco at the mainstream said she told the LA in December that the school won’t meet her needs, I don’t understand why it was still named, the senco for the new school also agreed today that the school won’t meet her needs in the meeting and none of the schools in the borough will either. Yes I have a school that would be perfect for her, the referrals process on the school I applied for said “The relevant local authority (LA) send a formal consultation letter, including a copy of the EHCP and appropriate reports etc. Because we are a state-funded school, the LA is legally obliged to do this if we are a parental preference.” I don’t believe they did this? I never heard back from the school at all or the reasons why the place was declined she was just given the 3rd place that I was told I had to include and it put on her ehcp. The sen officer said she would go back to complex(?) but they will refuse it and say that she was given a place I had chosen even though I had no choice but to include it so hardly a choice. The last plan I received was in February.

Unfortunately the LA can overrule a (non-independent) school saying they cannot meet needs and still name them. If they were named as parental preference, it adds more weight to that process. You do have the right to appeal that decision.

If you've just had an AR, check the LA is keeping to the statutory deadlines. IPSEA has all the information on that. An emergency review is the same as an AR, so don't let the LA mislead you on that.

I would also write a complaint about the handling of the situation to the Director of Children's Services, as it's useful to create a written record of events and what you were told etc.

www.ipsea.org.uk/annual-review

Following the emergency review you will get the right of appeal. Either when the LA amend or when they refuse to amend.

Unfortunately for you, the school can still be named even if they object.

Some LAs ask parents to name multiple choices but legally you didn’t need to.

I agree that you need to put in a complaint to childrens services. Make sure that you state what you were told regarding choosing schools, you named a a school because you were coerced not because you thought it would be right for your DD. From now on only name the school you want DD to attend, don’t let the LA convince you otherwise.
Push them also to stick to timelines so you can lodge an appeal for your school place. Hopefully your LA will change their minds but prepare for appeal.

Thanks all I’ve put in a complaint today to children’s services, I have some more questions, I never heard back from the 2 Sen schools I applied for as to the reasons it was rejected by them, I’m guessing I should have had some kind of response from them? I’ve never heard anything back about that at all, how can I find out the reasons for not accepting her? also it says I can appeal late if the council didn’t provide me with details on how to appeal which they never did they simply just put the mainstream down and that was it, I wonder if I could record behaviour for evidence she has severely challenging behaviour she is aggressive towards teachers and pupils today she kicked off outside of the gate because she didn’t want to give up her iPad she was running around outside the school refusing to go in screaming and shouting and running into the road. This is a daily thing and it takes several members of staff to get her in in the mornings.. my son said she spends the whole day in school running up and down screaming with her 1:1 chasing after her she spends the majority of the day sat outside her class at her work station. I’m concerned that once school finishes I will be stuck having to keep her at home as they will wash there hands off her then.

When you received the plan with the school named did you also get a cover letter - that letter tells you you can appeal.
From your description of your DDs behaviour I suspect the LA are aware that mainstream won’t be suitable for your DD, they are probably struggling to find somewhere to place her so are naming mainstream. Could
you contact your chosen school and ask if there were contacted by the LA and if they have any spaces.
You could request a SAR (subject access request) to the LA to find out what the consultations with schools have given as their reasons for not accepting DD.

What was the suggestion from the LA at the recent meeting regarding September? Do they actually expect your DD to start at the mainstream?

You won’t necessarily hear anything from the schools as it is all done via the LA. As well as a SAR to the LA you could make a SAR to the schools. You could also make a SAR to her current primary school to gather evidence of her behaviour there.

When you got the finalised EHCP you should have got a letter with how to appeal/mediation service contact details etc.

You won’t be stuck EHE if that’s not what you want. The MS named must admit, and if DD can’t attend there the LA have a duty to provide alternative arrangements and anything specified and quantified in F.

No I think they want me to keep her at home, that’s what I feel like it’s coming to, they want her to start the mainstream in September but I am not going to be able to do that and they know full well, she escaped the school a few months back despite having a 1:1 and ran off down the road it took 3 members of staff to get her back in to the school and she bit one of them in the process, so they know I’m going to be unable to send her. Where does that leave us.. feel like it leaves me with no option but to keep her at home which is of course not to outcome I would have wanted

Thanks all for the comments but I’m going to have to leave it and forget the appeal, I’ve uploaded a copy of her ehcp to another group and I’ve been told it’s not detailed enough and suggests her needs CAN be met in mainstream, her school are rubbish and have put that she’s in class 95% of the which isn’t true (the senco has said this isn’t true) so I’m not sure why they have done this, it’s too late in the year now to do anything the ehcp will be rejected by Sen schools given it states her needs can be met at mainstream despite her extremely challenging behaviour and the fact she still has 30 full hours 1:1 all day at school. I feel the school have completely failed her, my mistake for not appealing at the time but I was going though a lot in my own personal life and didn’t have the energy to appeal I felt defeated by it all especially with the lack of support from the school, it’s only now that the senco agrees she needs a sen school at the time of the annual review she was in full support of mainstream before that she was saying mainstream was fine. Oh well I tried my best but it’s a little too late.

You don’t need to give up, you can still appeal. You can appeal B&F as well as I. In fact it is recommended you do anyway as B&F are often written in a way that supports naming a MS. Even if SENDIST won’t accept a late appeal from the finalised EHCP in February you will get the right of appeal again following the early review. You are likely to need your own assessments if the current ones are rubbish. If you can’t afford them and don’t qualify for legal aid contact Parents in Need as they can sometimes help.

You don’t have to EHE unless you want to. If DD can’t attend school due to her SEN the LA must make alternative arrangements.

I know it seems impossible atm. But you can (and should) appeal Sections B and F as well as I.

You can put in a Subject Access Request to get all the information from her current school to add to your evidence.

You might need to consider independent assessments. If you're entitled to legal aid, you can get up to 2 that way. Otherwise look into Parents In Need who can help towards the cost of independent assessments.

www.parentsinneed.org/

IPSEA and SOSSEN both have helplines and offer independent advice.

No, it can be reissued with a different school.

I deal with admissions and I have more than one for September where we've either been named in the last couple of months or the EHCP has subsequenrly been reissued in the name of another school so they've withdrawn.

Get the new plan and appeal B,F and I. It’s sounds as if the plan isn’t for for purpose.
My DS plan made it look as if he could cope in mainstream, he couldn’t. We appealed, the plan now shows his needs and provision needed to meet those needs and he’s in specialist placement. It took a long time but was worth it!

Update!! Apparently the sen school didn’t decline her because they don’t feel she meets the criteria it was because they are oversubscribed?! 😕 where does that leave us?