EHCP Draft and Applying to Secondary Schools Question

[StainlessSeal]

I wonder if anyone has any idea about what to do in this situation.
My daughter has just started Year 6. We have been told that we should be getting the draft EHCP in mid October. The deadline for applying for secondary schools in the usual way is October 31st. Should we still apply for secondary schools in the usual way? I don't want to end up in a situation where she has no offers at all if the EHCP isn't what we hope for and we haven't applied for any schools at all!

Unless you have a finalised EHCP by the deadline you should make an application via the normal admissions procedure just in case.

Been there done that.

Apply as normal, accept place as normal. If the EHCP names a specific school they will update admissions at that point.

You also can't apply to any SEN schools on the standard form ( or not in my county anyway). If the EHCP names one the LEA will sort that out for you once the final document is issued.

My ds4 is in year 6 with an ehcp. We want him to go to our catchment secondary school so we've been told to apply in the usual way. I would apply because it's easier to turn down the offer of you get a better option than to end up with no school at all.

That’s not how it works. If you’ve been told you’re getting a draft then that means that the LA will issue a Plan, and they must do this within 2 weeks of the draft. You can name ANY school that can technically meet the child’s needs and the LA must secure a place there. The EHCP process sits entirely outside the usual admissions. Your choice of placement (assuming it’s a state maintained school) cannot be refused unless the placement of that child in that class is “incompatible with the effective education of others or an inefficient use of public funds.” Section 35 of the children and families act if I recall correctly.

please ignore the other posts about this.

My post doesn’t need ignoring, thank you.

Yes, admissions with EHCPs are not part of the normal admissions process, but OP doesn’t yet have a finalised EHCP.

The LA does not have to finalise within 2 weeks of issuing the draft, If the LA is going to issue an EHCP they must issue a draft by week 14 and finalise by week 20. Here are the timescales.

It isn’t unheard of for LAs to informally tell parents they are going to issue a draft and then not actually and go on to formally refuse to issue. Hence why OP should make an application via the normal route unless they have a finalised plan just in case.

And, LAs being required to name parental preference (as long as the placement is covered by s.38(3) CAFA 2014) unless the LA can prove one of the exceptions doesn’t stop the LA unlawfully refusing and forcing parents to appeal.

OK yes you can ask for any school on your EHCP, ( you'll be assigned an EHCP caseworker when your application is submitted, they will ask your school preference) but you cannot request non mainstream schools or specialist provision at a mainstream school on a standard school application.

If you try ( I did!) then they'll likely respond that those admissions are dealt with by a separate process and upon completion of the EHCP.

And you may not get the school you have requested in the final issued EHCP, but you can appeal.

Ignore Toastnotboast. She is wrong. As @OvertakenByLego says, the LA does not have to finalise the EHCP within two weeks of the draft. You need to apply normally. If the EHCP comes through, that will take precedence.

We were in this position for primary school applications, got very close to the wire. We were advised and did apply through the normal process to ensure we had a place. When the EHCP was finalised in the July we named a more specialist setting which we got and then rang LEA to withdraw from the local school we had been given a place at.

Bobbybobbins great name. This is good lived advice op. And speaking from experience have an open mind about specialist or alternative provision. I know in some areas they have a bad name but they can be fantastic. Some students really thrive and they wouldn't in a mainstream. There is a limit to what most mainstream schools can offer any student Send or not. Most state schools are totally focused on academic work and academic subjects. Thats what they specialise in.
Like I say it's not for everyone.

The bottom line, it seems is to apply as it certainly won’t affect the EHCP process and may well become necessary to ensure a school.

Thanks!

Yes. We got our final EHCP on the 31st October. It was the most stressful time of my life. We applied the normal way too, albeit using social/medical in case our LA decided to pull out of issuing the EHCP at the last minute. Once it was finalised the LA essentially cancelled the other application.
We found out what school we got in February.

I concur with the majority - absolutely apply
in the usual way as an insurance. There is nothing to be lost and the EHCP will not be jeopardised. I genuinely do not know why anyone would advise the OP to do otherwise.

Apply in the normal way of you haven't had a final EHCP issued, when you get your draft plan and send in comments be sure to explicitly request your preferred school (whether that be mainstream or specialist etc).

If your preferred school is mainstream and has social/ medical as an admissions option, ensure you use this if you wouldn't get in on distance.