Not in catchment but has EHCP

[IggySlave]

my DD is currently in Y5 and we have started to think about secondary schools.

is it correct that as she has an EHCP, when i find a school i think she would benefit from attending, she can have a place thanks to the EHCP.

really not sure how to go about it.

Normal admissions catchments don’t apply with EHCPs. Unless the school is wholly independent, there are limited reasons the LA can refuse to name your preferred placement. Not being in catchment isn’t one of them.

The authorities I have worked for operate early applications for EHCP children, the first offers being made prior to National Offer Day, usually around valentine's day of Year 6.
There are lots of EHCP children who do not get placed in the first school of choice but there is a lot of movement between initial offers and the start of Year 7.
The annual review this year is critical as the EHCP review document should show your thoughts about where and why a particular setting would be the preferred option.
Talk to your SENCo and look at as many schools as is practical. The best fit isn't always obvious.

As your EHCP is in place the application process is different to usual. (Someone else will have to tell you more on that as my DCs EHCP only came through well after admissions process so I don't have that experience.) But in theory, yes, you can name your school of choice to a certain extent. If it is not your catchment school they will usually try and refuse funding for transport though so be prepared for that.

The LA must finalise the EHCP naming the secondary placement by 15th Feb of Y6. This applies whatever LA you live in. There will be a phase transfer review in the autumn term of Y6 and you will get to name your preferred placement.

At transition review you will be asked for parental preference school for secondary.

The LA must consult with your preference and will also consult with other schools of their choosing (almost always consult with closest mainstream secondary).

Assuming your preference school says it can meet need the LA must name it unless it would be detrimental to existing students (this is rarely an argument in mainstream and often more relevant to specialist where they can refuse a place if they are ‘full’ and adding another pupil would impact on those already on roll) OR if it would not be good use of public funds - this means that if your preferred school is more expensive than the LA’s preferred school they will name theirs.

Costs are typically equal for mainstream schools unless transport is a factor (ie if you’ve chosen a school far enough away that the LA would have to pay for taxis)

So long story short, as long as your preferred school says it can meet need and it’s not going to cost the LA any more than your nearest/catchment school, then the LA must name your preference

If it’s not your closest most suitable school then the LA will probably refuse transport. They would probably be very happy to name your school of choice if it’s mainstream and you waive transport.

Unless the school is wholly independent the LA can, and must unless the LA can prove one of the exceptions in s39(4) CAFA 2014, name the school even if the school objects. And, incompatibility is a higher bar than just showing admitting DC has an impact on other pupils. It is sometimes possible to challenge LAs who refuse to provide transport because it isn’t the nearest suitable school. SENTAS explain more here.

You should asked for the annual review to be brought forward and held as soon as possible and ask for the LA to name the school on your child’s ehcp. Be sure to tell the LA representative that you need the finalised ehcp by whenever the deadline is.

OP’s DD is in Y5, not Y6.

Pretty much yes. My EHCP entitles him to go wherever he wants.

This has been really helpful, thank you all. Transport should not be an issue as i can take/collect her.