Can I get LA to remove support in class or amend how it is worded?

[alittlebitsocial]

Hi all,

I am not sure if anyone has ever had to deal with this as I imagine its more likely adding the support in class. I would assume though that during an annual EHC review, you can request to review support in class? As you would if you were adding it?

The reason behind it is, my dd current school can't meet her need. We have approached an independent school and she has applied for a music scholarship. They are unfortunately not a special school or a section 41 school, however they have an amazing learning support attachment. They want to offer her a place however the EHCP states that she required 20 hours a week support in class in a mainstream school. They don't offer this, they don't find its required in a class of 12! They instead offer 1 to 1 out of class.

We have an early review which I have requested, we want to name the new school. The new school have said we either need to remove the support in class or ask the LA to pay towards it. The LA, aren't very forthcoming for obvious reasons and I'm very concerned that removing the support in class could open a huge can of worms if new school decided to withdraw 'unofficial' offer.

I have spoken to a lady at IPSEA (Think thats correct) who unfortunately said we'd have to probably go to tribunal to get them to fund it or even consider the independent school. I'm just asking on the off chance how easy it is to amend or remove that addition? Could we amend it to say 1 on 1 required out of class for say three times a week?

Thank you in advance

Gem

You shouldn't be looking to remove support if that's what it says she needs. If the school can't provide it, it is down to the LA to fund it - they are legally responsible for the provision in the EHC plan.

Who made the original recommendation that she needed 20 hours a week support in class?

If her current school can't meet her needs, you need to prove the school you want is the only one that can do so.

Personally I think you’ll be opening yourself up to a slippery slope by basically saying she doesnt need the support. She does. The setting here is key and that is where you need to think outside the box. You probably need to do some sums too as to the LA’s response to the use of funds compared to the mainstream. Be very very careful not to get stitched up with this. Sometimes the small classes and the fact that there is already support in place is your way forward rather than saying she doesn’t need it. Write a list of ways the LA might benefit from the move as well as your daughter.

I fear your DD may end up with little provision or non-specific/quantified support.