Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Secondary education

Connect with other parents whose children are starting secondary school on this forum.

Original poster

Ehcp child refused first choice

65 replies

Aya1979 · 07/03/2023 11:41

Hi,

My son has been refused his first choice school and offered his second and only other choice. The problem is I know this school cannot meet his needs because I have had 2 older children go there and we had a very difficult time there. My children not supported in that schl snd we are still traumatised by the lack of support especially in my older son's mental health.

My son's first choice school is where all his friends are going including anither sen child that my son is very attached to. They've both been quite distraught about not going to the same school.

I do want to appeal the decision but I'm not sure if it will be worth getting his hopes up.

Please help!

OP posts:
gogohmm · 07/03/2023 12:16

There's more than one kind of ehcp - some do list a suitable school but others do not, they just list any needed adaptations. You say your preferred option said they couldn't meet needs? Find out why because that is your basis for appeal. You say you had issues with the other school, that alone may not be enough to overturn the decision. Getting as much information as possible is key

Original poster
Aya1979 · 07/03/2023 12:17

Thank you.
I'm on the phone to them now.
I applied through the borough sen department but never got any correspondence after I emailed in my form as an attachment, as I was advised to do.

OP posts:
Original poster
Aya1979 · 07/03/2023 12:24

So the Borough send team are saying they sent a final ehco naming he second choice school. I never got this but she has mailed it to me and it is dated 12th February.
Was I supposed to get a letter with reasons he didn't get his first choice?
I feel like I'm playing catch up. I'm blaming myself because I didn't even know the process properly.

OP posts:
Lougle · 07/03/2023 12:29

gogohmm · 07/03/2023 12:16

There's more than one kind of ehcp - some do list a suitable school but others do not, they just list any needed adaptations. You say your preferred option said they couldn't meet needs? Find out why because that is your basis for appeal. You say you had issues with the other school, that alone may not be enough to overturn the decision. Getting as much information as possible is key

I don't know who told you this, but there is only one type of EHCP. A legal EHCP has to name a school. A draft EHCP can name a type of school, while the LA consults with schools, but the final EHCP must name a school.

Lougle · 07/03/2023 12:32

Aya1979 · 07/03/2023 12:24

So the Borough send team are saying they sent a final ehco naming he second choice school. I never got this but she has mailed it to me and it is dated 12th February.
Was I supposed to get a letter with reasons he didn't get his first choice?
I feel like I'm playing catch up. I'm blaming myself because I didn't even know the process properly.

Ok, so that shows that they met statutory timelines but you still have a right to know why school 1 turned him down, and to appeal to the SEND tribunal.

You need to consider mediation first (you don't have to actually do mediation if you don't think it will help), so that sometimes resolves things without going to tribunal.

PanelChair · 07/03/2023 12:34

In that case, there are two things you can go.

One: go down the SENDIST route to challenge the ECHP and why it didn’t name your preferred school. If you succeed here, the ECHP will name your preferred school and you’ll get a place. There’s a link to Ipsea in an earlier post.

Two: independently of that, you can appeal for a place at your preferred school. The panel can’t really address the issues about the ECHP (because there’s a separate route for that) but you can use the appeal to highlight your son’s needs and all the benefits he would get from attending the preferred school. You can also point out to the panel that you wouldn’t be in this situation if the LEA had communicated better about the ECHP.

purpledalmation · 07/03/2023 12:34

Appeal. We did and got very stroppy and prepared to get solicitors involved. Got our choice.

andthentherewere · 07/03/2023 12:36

If the first choice of school has reviewed his EHCP and stated it cannot meet need, it may be helpful to request the documentation that gives the rationale as depending what it is, it will probably influence your chances at appeal.

Original poster
Aya1979 · 07/03/2023 12:43

Thanks for your advice.

The borough sen keworker is adamant I'm wasting my time by appealing to tribunal. I've asked the school to tell me why they refused him. Hopefully I'll hear back soon.

OP posts:
FloatingBean · 07/03/2023 12:44

Aya1979 · 07/03/2023 12:43

Thanks for your advice.

The borough sen keworker is adamant I'm wasting my time by appealing to tribunal. I've asked the school to tell me why they refused him. Hopefully I'll hear back soon.

Appealing to SENDIST isn’t a waste of time, the majority of appeals are upheld. Don’t listen to the LA, they will tell you what they want you to know and their own unlawful policies.

FloatingBean · 07/03/2023 12:45

Lougle · 07/03/2023 12:29

I don't know who told you this, but there is only one type of EHCP. A legal EHCP has to name a school. A draft EHCP can name a type of school, while the LA consults with schools, but the final EHCP must name a school.

Show quote history

It doesn’t apply to the OP, but there are a minority of circumstances where a school is not named in section I, such as EOTAS.

PanelChair · 07/03/2023 12:47

The SEN key worker might not be an impartial judge here. Don’t be dissuaded from going to SENDIST if that’s what you want to do.

Original poster
Aya1979 · 07/03/2023 12:47

PanelChair · 07/03/2023 12:34

In that case, there are two things you can go.

One: go down the SENDIST route to challenge the ECHP and why it didn’t name your preferred school. If you succeed here, the ECHP will name your preferred school and you’ll get a place. There’s a link to Ipsea in an earlier post.

Two: independently of that, you can appeal for a place at your preferred school. The panel can’t really address the issues about the ECHP (because there’s a separate route for that) but you can use the appeal to highlight your son’s needs and all the benefits he would get from attending the preferred school. You can also point out to the panel that you wouldn’t be in this situation if the LEA had communicated better about the ECHP.

This is the part I'm missing. I've onky just recieve via email the final ehcp with his second choice school.

I never got anything with his fist choice named in his ehcp. I sent the form via email and never heard back until now I had to chase it up.

OP posts:
Dodgeitornot · 07/03/2023 12:47

The problem is OP you have a month from the date of the letter to start the appeal process. If you have only just got it, you need to contact the mediation number on the letter today. You really don't have much time.

prh47bridge · 07/03/2023 12:48

Aya1979 · 07/03/2023 12:43

Thanks for your advice.

The borough sen keworker is adamant I'm wasting my time by appealing to tribunal. I've asked the school to tell me why they refused him. Hopefully I'll hear back soon.

Don't let them put you off. If you aren't happy with the school's reasons for refusal, go to tribunal. If the school won't give you reasons, go to tribunal.

Far too many schools and LAs fail to deal with EHCPs properly. I'm sure they would prefer it if parents didn't take them to tribunal and expose their shortcomings.

Lougle · 07/03/2023 12:49

FloatingBean · 07/03/2023 12:45

It doesn’t apply to the OP, but there are a minority of circumstances where a school is not named in section I, such as EOTAS.

Show quote history

I wasn't considering EOTAS - should have qualified my statement.

FloatingBean · 07/03/2023 12:49

Dodgeitornot · 07/03/2023 12:47

The problem is OP you have a month from the date of the letter to start the appeal process. If you have only just got it, you need to contact the mediation number on the letter today. You really don't have much time.

No you don’t. It is 2 months from the date of the finalised EHCP or 1 month from the mediation certificate whichever is later.

prh47bridge · 07/03/2023 12:50

Dodgeitornot · 07/03/2023 12:47

The problem is OP you have a month from the date of the letter to start the appeal process. If you have only just got it, you need to contact the mediation number on the letter today. You really don't have much time.

The time limit is 2 months from the date the OP received the letter outlining the disputed decision. Since OP has only just received it via email, the clock has only just started ticking. Indeed, if the email did not state that OP has the right to appeal, the clock may not have started ticking yet.

Lougle · 07/03/2023 12:51

Dodgeitornot · 07/03/2023 12:47

The problem is OP you have a month from the date of the letter to start the appeal process. If you have only just got it, you need to contact the mediation number on the letter today. You really don't have much time.

This is true, but the phone call stops the clock, so as long as you phone the mediator in the next day or two, you'll be ok.

Dodgeitornot · 07/03/2023 12:53

@FloatingBean ah you're right, sorry I'm getting muddled with ehcna.

FloatingBean · 07/03/2023 12:55

A draft EHCP must not specify a type of placement either.

PanelChair · 07/03/2023 12:59

There are others here who are more knowledgeable about, and have personal experience of, the ECHP process. They’ll correct me if I’m wrong, but my understanding has always been that it comes out of a discussion with the parent (and others) about which school can best meet the child’s needs. The school named shouldn’t come as a surprise.

How did the LEA send the ECHP? Was it by post or email? I’d be arguing very forcefully that I hadn’t received the original in February and - unless the LEA has evidence such as an email receipt or signature for a signed-for letter - the date to be treated as when you received the ECHP is today.

PanelChair · 07/03/2023 13:01

I’m relieved to see that prh agrees with me about today being the key date for receiving the disputed ECHP!

Jaxx · 07/03/2023 13:53

Aya1979 · 07/03/2023 12:43

Thanks for your advice.

The borough sen keworker is adamant I'm wasting my time by appealing to tribunal. I've asked the school to tell me why they refused him. Hopefully I'll hear back soon.

Ignore this.

If the email today didn’t include the cover letter which details how to appeal request a copy today. Make it very clear you are not happy with their decision and will appeal. Mediation is up to you, it can either be a waste of time, but it does signal you are not just going to accept their decision.

Dodgeitornot · 07/03/2023 13:57

Jaxx · 07/03/2023 13:53

Ignore this.

If the email today didn’t include the cover letter which details how to appeal request a copy today. Make it very clear you are not happy with their decision and will appeal. Mediation is up to you, it can either be a waste of time, but it does signal you are not just going to accept their decision.

Show quote history

I agree completely. Ignore them. If I listened to the SENCO, Headteacher and anyone in our LEA, aside from one class teacher my daughter had, she would have had no support. She has a great EHCP now.
It's very very important you educate yourself on the process though, because you are going to come across lots of this. IPSEA's website is invaluable.