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...

I believe oversubscription is not a relevant reason for declining a sen child a place but others will know for sure.

I just wanted to give you 🌺as it's ridiculously exhausting, both having a child with SEN and then this on top.

If you can at all afford it, there are ehcp lawyers who turned our dd's rubbish ehcp draft plan into an excellent one and I'm hopeful we'll get the named school altered as a result even though its independent.

You should still appeal.

SS aren’t oversubscribed in the same way normal admissions to a MS can be. The LA can only refuse to name your preference for the reasons Sprogonthetyne posted. Full isn’t defined in law, and on its own being ‘full’ isn’t enough of a reason to refuse to name your preference. The LA have to prove the school is so full admitting DD would be incompatible. The bar to prove incompatibility is far higher than many realise, it is more than an “adverse effect”, “impact on” or “prejudicial to”. Unless the school is wholly independent the LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons posted above.

Even though you dont want her to go to the school thats been named consider having a transition meeting with current school and new school, you may find the new school isnt aware of the level of need and may change its mind or at least ask for more funding for the 30 hours 1:1 that may be needed.

I’ve got another Meeting with the senco on Monday so I will mention all this thank you.

We was going to visit the mainstream school (her senco was going to come) but the senco said we don’t have to anymore as she at first assumed my daughter had been given a place in the dsp at the school but she hasn’t even been given that (still wouldn’t be appropriate but she said it would have made more sense) but it’s just full mainstream, she said she was shocked by this and that we don’t need to visit anymore. Honestly how can a child have full 30 hour 1:1 level 3 ehcp and then have it all removed for September straight into mainstream?!

The 1-1 funding should go with your DD, and all provision outlined in the EHCP needs to be provided. None of it should be removed in September.

Many parents are told a school are full and then a place opens up when starting the appeal process. Its really unfair but it seems to be the way it works at the moment (in my LA and probably others too).

Are you sure the 30hrs 1:1 have been removed? Pupils can still have that in MS and if it’s specified and quantified in section F it must be provided.

Yes they said that she wouldn’t have a 1:1 in secondary school, thank you to those that suggested ipsea I noticed that there phone lines are open today as a one off so I got straight through this morning! I had tried them before but was never able to get through so I guess not many people realised they was open today.

I spoke with them and I feel so much more stronger now, they confirmed everything that has been said already about the LA acting unlawfully and they should have never named a school that had said they can’t meet my daughters needs so I feel confident about it and they also advised I could get a solicitor but said I’m not at the point of needing one yet as I need to hear back from the annual review within 4 weeks then challenge it from there. I am so disgusted with the LA she said they have tricked me into naming the place which is certainly how it feels and I feel completely misled by them, I’m going to fight this all the way to get a school my daughter deserves can’t believe they’ve been trying to get me to home educate her so they can wash there hands off her. I will not give up without a fight.

I am glad you managed to speak to IPSEA.

Is the 1:1 specified and quantified if F? If it is the 1:1 must be provided.

this is on the ehcp it was her senco that told me she wouldn’t have a 1:1 in secondary

Unfortunately, the provision in your photograph is rather vague and woolly and doesn’t specify and quantify 1:1.

Hello op. I used to work in this area and I would recommend that you look at ipsea (Google and it will come up) and make immediate contact with your local SENDIAS for free local confidential advice.

councilfordisabledchildren.org.uk/what-we-do-0/networks/information-advice-and-support-services-network/find-your-local-ias-service

It sounds as though you have naturally relied on school and local authority for advice and this source is not always up to date or can be weighted toward local process rather than national law.

Be careful with SENDIASS, some are good but too many repeat the LA’s unlawful advice. SOSSEN and IPSEA are better.

Thank you both yes I was told this on another group that her ehcp reads as if her needs can be met at mainstream she has her 1:1 all day 30hours but I can’t personally find anything that specifies she needs a 1:1

The new school might be your friend here as secondary schools often don’t get told the full picture and are then surprised by level of need when the child turns up. Get the secondary senco to come and do some transition visits as if they see that level of 1:1 is needed (which is more likely when a different teacher and room every hour) then they will be pushing the LA for funding too.

Ugh just thought I would update this if anyone is still around, I complained to the LA and not happy with the response I received the basically reiterated that I chose the school in the borough, they also said the schools I applied for are “independent” so there is nothing they can do, they have no powers etc they aren’t both independent one was one wasnt, they have both are? They told me the first one said no and the second one “didn’t respond” when they contacted them? They told me the school named the mainstream can meet my daughters needs even though they said to my face in the annual review this month that they can’t 🤦🏻 What a mess, she’s left school now so I feel home education is our only choice here been left to it! Never thought it would be this hard

I think you need to send a clear response:

• You were coerced into naming the school as they told you that you must include a school within the borough. They should not have imposed this requirement and therefore relying on you naming this school is inappropriate.
• Their contention that the school can meet your daughter's needs is contrary to the school's position. The school has stated clearly that they are unable to meet your daughter's needs.
• Their claim that the two preferred schools are independent is wrong. One of them is independent, the other is not.
• If this is not resolved, you will apply to SENDIST for leave to appeal out of time. As the council failed to provide you with details on how to appeal their decision, you are confident that leave would be granted. Given that the school the council has named states that they cannot meet your daughter's needs, you are confident that an appeal would be successful.

It would help if you could get the school's statement that it cannot meet your daughter's needs in writing.

I would reply that the school have clearly stated that they can’t meet needs.

State that you need a meeting with both the school and LA in attendance to discuss exactly how your DDs needs will be met when she starts in September. State that you do not want to damage your DDs mental health so you need a clear plan of support.

Did you ask SENDIST to accept a late appeal? If not or you were refused you will get the right of appeal again following the recent early review. Any hearing would be next year now so I wouldn’t wait.

Is the school wholly independent or a section 41 independent?

Whilst support from the MS saying they can’t meet will help the LA can still name them.