Naming a school on ehcp help please!

[Cobb121]

So I’ve had my sons first draft through, the local authority have started the consultation process. Our parental choice have apparently said no because they don’t know if they will have spaces available next year yet (they only admit children from age 5 & son isn’t 5 until next spring). Surely this isn’t a valid reason? He will be old enough to attend in less then 8 months time.

What type of school is the school you want?

@Ellie56

What type of school is the school you want?

We are looking for a sen school the reports state his needs can’t be met in mainstream

Is it a state school, non-maintained, section 41 school or wholly independent?

What placement do you want between now and next spring? That should be named in the EHCP now anyway.

@10brokengreenbottles

Is it a state school, non-maintained, section 41 school or wholly independent?

What placement do you want between now and next spring? That should be named in the EHCP now anyway.

It’s section 41. The plan is to keep him in nursery until then.

As it's a section 41 school the LA can only refuse to name your preference if they can prove one of the following:

• 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.

Unless one of the above applies the LA can, and must, name them despite the schools reservations when consulted. Even if they were full that alone isn't enough of a reason to refuse admission, they have to prove they are so full placing DS is incompatible.

Under section 38(3) of the Children and Families Act 2014 you are entitled to ask for :

• A maintained school or nursery (mainstream or special)
• An Academy (mainstream or special)
• A non-maintained special school
• A section 41 school.

The only reason the local authority can refuse the request is if:

• 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.

Even if the school says they are full, the LA can still name the school on the plan, and the school would have to admit.

However if the school you want is wholly independent, you will have to prove that is the only school that can meet needs, and you will also have to have an offer of a place. Unlike the other type of schools above, the LA cannot force an independent setting to admit a child.

Information here:
www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

Oops sorry cross posted.

@10brokengreenbottles

As it's a section 41 school the LA can only refuse to name your preference if they can prove one of the following:

• 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.

Unless one of the above applies the LA can, and must, name them despite the schools reservations when consulted. Even if they were full that alone isn't enough of a reason to refuse admission, they have to prove they are so full placing DS is incompatible.

Thank you that’s helpful. So would you suggest I ask them to finalise the plan so I can get my right of appeal?

[quote Ellie56]Under section 38(3) of the Children and Families Act 2014 you are entitled to ask for :

• A maintained school or nursery (mainstream or special)
• An Academy (mainstream or special)
• A non-maintained special school
• A section 41 school.

The only reason the local authority can refuse the request is if:

• 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.

Even if the school says they are full, the LA can still name the school on the plan, and the school would have to admit.

However if the school you want is wholly independent, you will have to prove that is the only school that can meet needs, and you will also have to have an offer of a place. Unlike the other type of schools above, the LA cannot force an independent setting to admit a child.

Information here:
www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan[/quote]
So could they say it’s not suitable because he’s not yet old enough?

You've said yourself that the plan is to keep him at the nursery setting, until the spring, so you ask for the nursery up to spring 2022 and then the section 41 school from spring 2022 onwards.

As it is a transition year, (transition from nursery to primary)both placements should be shown in section I of the plan.

@Ellie56

You've said yourself that the plan is to keep him at the nursery setting, until the spring, so you ask for the nursery up to spring 2022 and then the section 41 school from spring 2022 onwards.

As it is a transition year, (transition from nursery to primary)both placements should be shown in section I of the plan.

Ok great thank you so much for replying.

The final has been issued without naming a school, all the schools the local authority have consulted with have said no (either full or can’t meet need).

If they start looking out of area, how far can they make a 4 year old travel?

The general rule of thumb is that the maximum travel distance is 45 minutes each way for a young child - but it depends on the circumstances; for instance, it's reasonable to look at much lower distances for children who get travel sick or don't cope with long journeys. Your child would be entitled to transport.

You have a right of appeal against the failure to name a school. I would suggest you also consider appealing against sections B and F because it is likely that these have been written in very generic terms and you need F in particular to specify and detail all the provision your child needs.

Also write to the LA and ask for their proposals about meeting her needs until they find a school, as they have a legal duty to secure all the special educational provision in section F from the date the EHCP was finalised.

@Zzelda

The general rule of thumb is that the maximum travel distance is 45 minutes each way for a young child - but it depends on the circumstances; for instance, it's reasonable to look at much lower distances for children who get travel sick or don't cope with long journeys. Your child would be entitled to transport.

You have a right of appeal against the failure to name a school. I would suggest you also consider appealing against sections B and F because it is likely that these have been written in very generic terms and you need F in particular to specify and detail all the provision your child needs.

Also write to the LA and ask for their proposals about meeting her needs until they find a school, as they have a legal duty to secure all the special educational provision in section F from the date the EHCP was finalised.

Thank you that’s really helpful. It’s such a horrible process isn’t it? 😫

I'd suggest you phone SOS SEN or IPSEA for help with appealing.