Mistake by Local Authority in allocation for SEN High School... help needed.

[ThisMustBeMyDream]

My child has an EHCP. The annual review was completed in September with local sen high school A as parental preference named.
End of January I recieved the EHCP draft copy which named sen high school B. I immediately contacted the local authority to enquire as to the reasons for offering school B. It has taken until this week to get the answer.
The answer was that the parental preference school had been listed as school B. They knew this was an error, as they could see from the EHCP review that school A was named as parental preference.
As a result my child has not had a fair consideration for this school and is disadvantaged as a result. School B is wholly unsuitable (I visited, it was awful, current school senco agrees unsuitable, as does the LA person who attended the review and apoke to me a couple of weeks ago after the news of the placement arrived). The local authority manager who spoke to me to explain the above has told me she is attending a meeting at school A next week where she will explain the situation and ask them to go over numbers to admit him.

Is this good enough? What should I be expecting them to do to fix their mistake? I'm not sure if there is anything I can do beyond taking it to appeal - which in itself is highly unfair as it was someone else's error who has caused this. I'm so bloody angry right now, it's hard to think straight. I'd appreciate if anyone has any advice, I know it's probably quite niche from the usual high school appeal questions.

It sounds like they’ll put it right. You have clear written evidence of your parental preference. But if there was a school A and school B preference in that order, both schools should have been consulted anyway. Was school A not consulted ? I’d write to the SEN team manager. and say you want it rectified as it’s their error.

What LA are you in?
I had four Year 6 Annual reviews (all children with complex ASD) to complete in September in preparation for secondary school. The SEN officer attended as I notified them that all parents were going to request special school at the reviews. The parents all completed the secondary school admissions forms naming their choice of special school - they all named two plus a mainstream school if their application to SS were to be unsuccessful. In my LA, the SSs hold a panel meeting in December to look at parental choices on the secondary application schools. A week prior to that, the Heads of both SSs visited my Y6 children to ascertain which school would best suit their needs. (One of the SSs takes children with more complex needs). The SEN officer also phoned all the parents to confirm that they still wanted their named school from the Annual review. I have been told unofficially that all 4 children have been allocated a place at their first choice school.

What school did you put down on the secondary school admission form?

School A not consulted. School B wasn't on there at all.
Only School A was named as parental preference.

Do you have a finalised EHCP? You should have. Secondary phase transfer EHCPs must be finalised by 15th Feb. If you do, appeal.

I recieved the EHCP draft copy which named sen high school B.

The draft should not have named a placement or type.

This may not be ‘a mistake’. It may be intentional and a mistake is the excuse.

LA is Wigan. The process was to attend the EHCP and name the preference. LA officer attended.
I was told only to fill in the regular secondary admission form with mainstream option as a back up in case they didn't get a special school. Don't name specialist provision on there.

The final hasn't been recieved due to them investigating the issue.
All the draft copies here named the high school provision (I've spoken with multiple other local parents). The LA confirmed that school B is the one offered.

No one from the special schools have been out to see my child.

There shouldn't be a school named on the draft. You shouldn't have had to fill in the usual secondary transfer form. I would imagine it's most likely deliberate and you will have to appeal. Tell them to issue the final and register the appeal because you don't have time to waste.

You need to email the Director of Children’s Services reminding them they are in breach of their statutory duty. If that doesn’t work email saying if they don’t finalise ASAP you will be forced to pursue judicial review proceedings. This is vital because if you need to appeal you need all the time you can get.

Although some LAs try to tell parents they have to, you didn’t need to complete the normal admissions form, another preference form, name more than one preferred setting or also name a MS school in addition to a SS.

Drafts must not name a placement. Another way LAs like to act unlawfully.

@Soontobe60 parents of DC with EHCPs should know what school has been named. There shouldn’t be anything unofficial about it at this stage.

I've seen schools named on drafts. Also seen mainstream named. I realise local authorities have a huge problem with SEND provision but even so poor behaviour doesn't help.
In your case OP you will need to be like that Roman Emperor who approached every problem with an open mouth to be heard across the wastes of Empire.
And I get what you mean about the rage. Its unique to dealing with local authorities sen departments.

Just lodge an appeal. If they sort it out great, if not, you've got it up and running.

Sorry to hear this. Transitions are stressful enough for both parent and DC without a situation like you have. This link may help https://www.ipsea.org.uk/moving-to-a-new-phase-of-education-with-an-ehc-plan

Either SEN Code of Practice or Children and Famiies Act (can’t remember,sorry!) state that School A ought to have been consulted as to whether they could meet DC needs and offer a placement. They will not have visited your DC as they have not received the consultation.

I've seen schools named on drafts.

LAs often act unlawfully. Legally though drafts must not name a placement or type of placement.

Unless the school is wholly independent, even if the school objects the LA must name your preference unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
Sadly many LAs refuse and force parents to appeal anyway.

No one from school b came out either (at which point, had they... their error would have been picked up by myself and school). I didn't even know this was a thing. I was just told that his case would be heard at the panel and the decision made by the local headteachers for the sen schools. It was not even suggested someone would come to see him.

I can't lodge an appeal yet as I haven't recieved the final draft.

I guess the point of my post is asking whether I should even need to go to appeal as it is their error. Is the onus not on them to correct it? It is my time and money that will lose out having to fight something that I've no idea how to fight. I've got his dla renewal this year, as well as blue badge. I'm so bloody stressed with it all whilst trying to keep a sodding career going. Although stressed is downplaying it massively 😖.

Not all schools visit the primary setting, don’t worry about that.

Right now, focus on getting the EHCP finalised then appealing. Yes, you need to appeal. Don’t rely on the LA correcting their ‘mistake’. They may not. It may not actually be a mistake.

Visits aren’t always part of the admissions process for consultation, depends on the school/college’s procedure or policy. Some decide only on the info in the EHCP. Do not worry about the lack of visit.

You have a lot on! Hopefully this meeting between the LA and School A will trigger the consultation process. The school have 15 calendar days to respond to LA who will then have a panel meeting, the outcome of which you should hear about.

There are several things to consider, first is it is preference not choice. Assume both are not independent. Which is closest and by how much, if A is a few miles further away, may be over the reasonable cost difference test. A should have been consulted and there are only a few legal reasons not to name preference, but just saying preference hasn't been named, may not be sufficient at tribunal. You need to be clear on specifics (have you evidence B can't meet need?)

A few miles further is highly unlikely to meet the incompatible with the efficient use of resources threshold.

No, both are local authority.
Their offer is 1.7m closer.
It isn't the fact (currently) that preference wasn't offered. Preference wasn't ever considered because they either lied or made a mistake and told the panel parental preference was school B. When it never ever was.

Do you want Oakfield or Hope? I have good knowledge of both if that'll help?

Oakfield. He is "high" functioning asd and adhd. He's been allocated Newbridge. They lock the doors with the kids in the classrooms. And they lock them when the teacher is in there alone too - I saw this when I went to visit after it had been named. My child takes his Teddy to school for goodness sake. He needs nurture, Newbridge was like a prison. Not a sensory room in sight. No sensory items in classrooms etc. I'm sure for some children it is absolutely the best thing. But all professionals agreed he fits Oakfield.
I'd really appreciate all the advice I can get right now! He is in mainstream primary, but not coping. So specialist provision was the only suitable option. He'd been eaten alive at mainstream.

Oh jeez! Deffo fight for Oakfield!! Wigan SEND is a bloody shambles! Keep on at them and remind them of their legal obligation when they've messed up. I'd also be contacting Oakfield and explaining the situation. I work in a neighbouring authority and have family in special so I know what you're facing.

Also depending where you live look out of authority or private... Westlancs Community High, Rumworth, Pontville, Wargrave etc and suggest they fund the out of authority options instead.

Most of next year's year 7s are already over allocation at this point in the year.

I did ring Oakfield 3 weeks ago, and haven't had my call returned - the head of yr7 was supposed to call back - I explained the reason for my call. I'm going to go in on Monday as I feel in person can't be ignored the same way. It's our half term this week, so I've had to hang fire. Luckily I'm off work at the start of next week so I'll have time to do that.