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.

Yes, I told the LA manager I spoke to that out of Borough would be what I'd be going for if they didn't admit to Oakfield - the Witherslack group schools specifically. However the issue with that is the travel - my ds will barely cope with the additional travel for Oakfield. We won't be able to use transport so will be doing personal budget with me doing morning drop offs, but taxi to childminder or home depending which days. That will have him away from 7.45am, until potentially 4pm depending on traffic. He needs a lot of down time. So I really need to fight for Oakfield. I haven't told.him he hasn't got in there as it would be too much for him to handle. His heart is set on it. He was desperate to go to mainstream with his peers, that was until he went to Oakfield and saw how wonderful it was. He went in with a closed mind, but he knew straight away (as did I!) that it was the right option for him.

Good luck. 🤞

If the plan is only draft then they can't name a school. Take it out and name the one you want before returning it.

I already completed the accompanying paperwork that basically had option a and option b to agree or disagree. I obviously said I disagreed and ticked the option to call a meeting to discuss.

As @SearchingForSolitude says, the draft EHCP must not name a school or type of school - Children and Families Act 2014 Section 38(5). The LA has acted unlawfully by naming school B on the draft.

The LA must comply with your choice of school A unless it is unsuitable for your child's age, aptitude or SEN, or they can show that sending them to school A is incompatible with the provision of efficient education for others or the efficient use of resources.

At this stage, you simply need to make sure that Wigan get it right in the finalised EHCP. If they refuse to name school A, your only route is to take it to SENDIST. The normal appeals process doesn't deal with this kind of issue. However, I doubt it will get that far. You have alerted Wigan to their mistake. I expect the finalised EHCP will be correct.

SEN appeal listings are still taking a year to be heard. You have to phone sendist as soon as you got a date to get it moved sooner urgently.

Right now I'd try to avoid appeal due to the delays. But do it anyway as a back up. Go to your case officers bosses boss or the area manager to make sure it really is being looked at. My LA lies, a lot.

An appeal by the OP won’t take a year to be heard. It is a phase transfer appeal and therefore can be expedited.

If the finalised EHCP doesn’t name school A, the best route is to appeal, although if it is a genuine mistake, it may not actually make it to a hearing before the LA concedes. If OP doesn’t submit an appeal and relies on the LA correcting their mistake (which may not actually be a mistake), what may happen is the LA doesn’t amend, by this point the appeal window has passed, SENDIST may or may not allow leave to appeal out of time and even if they do, there is an even greater time pressure before September.

I had a phase transfer appeal for last September. It was still listed for a year's time. I had to chase sendist up to move it forward and that took months and months the of chasing. Sendist is drowning right now

I didn’t say parents didn’t have to chase, but phase transfer appeals can be and are expedited.

Yes but it's not totally clear if your a sendist newbie. I wrote on mine on the top in bold it was KST but it was still listed as normal. So sll I'm saying us don't presume it will atomically be fast tracked as SENDIST are pretty bogged down.

As of yesterday some people was getting dates in May from what I hear. It seems very random at times. I got my school before appeal buy personally I often bank an appeal as once your two month window has gone, so does the right of appeal. I have yet to meet anyone with as many tribunals as I have done. You just can't count on anything going smoothly or per the law

I am completely aware of how the system works, thanks. I have supported thousands of parents to appeal over the years and have had appeals for my own DC. Nowhere did I say to presume anything.

Sorry I didn't mean to offend you. The last thing I want to do is argue with other parents in my situation. I'm saying the OP or anyone reading this might assume they all get automatically fast tracked. Mine didn't but as I must be the only one it seems. Sorry again

No need to apologise, you haven’t offended me. Many have to request the hearing is expedited, I didn’t post otherwise. I posted it ‘can be’.

I thought I'd come to update!

I've just had a phone call from the LA. The head at the school I wanted has accepted him in the cohort! He has a place! I'm beyond thrilled! I can't actually believe it!

Celebrations tonight!!! I thought I'd have no chance without tribunal!

Excellent news! Well done.

Brilliant news.

That’s fabulous news. You must be so relieved!

Fabulous!

Op I'm very thrilled for you! Just curious is new Bridge the one in failsworth?

No, it is in Wigan. Although there may be similarly named in other areas.

Thank you for all the replies! I am just so relieved tonight!!!

Op, just make sure to get an updated copy of the eHCP naming your school of preference. I wouldn’t rest until I see it in hlack and white!

It arrived 10 minutes after the phone call, via email 😁

Sorry to jump on an old post, but I am in the exact same position with the exact same LA! Our final EHCP named her old mainstream school rather than the one i had submitted in the draft copy (they claimed I never sent it) so now I am at the appeal process and there is a panel hearing in 6 weeks to consider whether my daughter actually needs specialist education (she is academically amazing but struggles with sever anxiety and needs SEMH support). She too has a place at a specialist school from september (Expanse) BUT i have to get past the panel first. Does anyone know the process and whether it is likely to be approved!? I cant sleep with all the worry xx thank you for any support you could offer!

I'm really sorry, I don't have any useful advice as I didn't have to go through that process in the end.
Is your daughter year 6 also? Is your mainstream school supporting you with this?