On EHCP and staying a year back in class. ADVICE NEEDED PLS!

[Larrissaa]

My 6year old DD1 is currently in year 1 instead of year 2. She has an EHCP. It all started when we are advised that she stays back in reception class with a plan to move her to year 1 during the year, then covid happened. Initially we were told she will be moved to year 2 but the headteacher as now said she will have to stay back in year 1 because there is no space in year 2 for her. I was informed by the headteacher that she is doing very well academically and working at year 2, in her last report she was exceeding expectations in all areas. The only reason why she is been kept behind is that year 2 is more structured and she may not cope with seating still for along period. She says she is bored in class because she already knows all what she is currently being taught. The headteacher told me she is a free reader but she still brings home level 3 books which she finds boring. She reads Road Dahl at home . I am desperate to have my daughter in the right class for her age. What should I do.

Does it actually say in her EHCP that she will be educated in a year group below her actual age?

No, it doesn't.

So in that case she should be with her peer group in Y2. Presumably she was with this cohort of children to start with?

Your post is a bit confusing. You say initially that she is being kept back because there is no room.Then you say the only reason why she is been kept behind is that year 2 is more structured and she may not cope with seating still for a long period. Which is it?

Sorry i wasn't clear. Initially she was kept back in reception because she enjoyed play and will sit still for year 1, however the plan was to move her into year March this year. But it didn't happen because of covid. The headteacher then said she will be moved to year 2 because academically her level is year 2 (I tutor her ). However the HT has now refused to move her because there is no space in year 2 and promised again to move her in year 3. However I thought with ehcp it doesn't matter if there is space or not, the named school should place her in the right class. I really want her to be in her appropriate class. She got the ehcp because she was non-verbal at age 4 but she is a very different person now, and she speaks in full sentences although very shy.

There is a legal limit of 30 on infant class sizes.

So if this is the year group that your daughter presumably started with (she stayed in reception and they all moved up to Y1) why is there no space in Y2 now they have all moved up again? Or has the school admitted another child to the year group in the interim period?

It seems the space have been given to another child. She started mid year reception (March).. and stayed back in reception with the plan to move march 2020.

As I thought.The school has cocked up on admissions. They shouldn't have offered the other child the place which essentially belonged to your daughter.That's not your problem.I would start kicking up a fuss.

They can admit another child over the 30 limit in exceptional circumstances.
www.legislation.gov.uk/uksi/2012/10/made

If you don't get anywhere with the school, complain to the local authority.

It might be worth a conversation with the SEN department of your local authority. Deceleration can only really take place on a permanent basis if it is agreed via the Annual Review by the LEA. School are effectivly asking for an extra year of funding if she is held back every year especially at transition to Secondary. An EHCP is a support plan to age 25 but in your case it would be age 26 if she is not put back into the class for her chronological age.