EHCP application during year 6

[Lioncountry]

Daughter currently in year 5, EHCP will be applied for in September, so not in time to apply for secondary schools this October. Not sure what to do. We have looked at a small private school and they will assess child in September to see if they can offer her a place. If they do we would potentially accept the place and go ahead without an EHCP. This school has small classes which is one of the main benefits. Daughter has ADHD and dyslexia and slow processing speed. Feeling confused as assume if we progress with EHCP it will be geared towards our local secondary school. So just thinking out loud really. Is it possible to get an EHCP for a private school? We could pay the fees ourselves. What happens if you get awarded an EHCP after the deadline for applying for a secondary place? Will the school you have been allocated have to accept the EHCP?

Since the secondary school admissions starts in the autumn term you should follow that process in the usual way since your child. at that point will not have an EHCP. You will then be allocated a place at a local secondary in the usual way.
In parallel with that process you intend submitting an EHCP assessment request. If agreed that process will take 20 weeks. Once a draft plan is issued you will be asked to express your preference of a school. This may be the same as you've been allocated through the secondary admissions process or another. At that point the school/s will be consulted to see if they can meet need. Am EHCP should identify the needs of the child and the provison needed to meet those needs. It should not be written with a particular school in mind.
If you feel the local mainstream are unable to meet need you would have to identify why not.
A local authority is unlikely to consider an independent/ private school until they have considered all the options within the maintained sector, but that's not to say they wouldn't name an independent school if all their own settings couldn't meet need.

@Haveasay Thank you so much, really appreciate your reply, very clear and very helpful.

I was in a similar position to you last year. My son was awarded his ehcp for severe dyslexia after a tribunal in January. His ehcp was not finalised until April of Year 6.
The LA wanted to name a mainstream secondary school but none of them said they could meet his needs. I had to submit an appeal to tribunal against their proposed provision and they have just conceded so he will go to an independent specialist school. My advice would be to find the right school for your daughter and the one you think best meets her needs. You can the gather evidence to get that named on the ehcp. I had a confirmed offer of a place before the ehcp for my son and I think you need that to ask for it to be considered

Why not apply for an EHCP now? No need to wait until September. If you have to appeal, potentially more than once, it could takes many months on top of the 20 weeks.

I agree, you should apply for a school place via the normal admissions round. Is the private school you want a MS or SS? If a SS is it a section 41 school?

With EHCPs you have a right to request

• A maintained school or nursery (mainstream or special)
• An academy (mainstream or special)
• An institution in the further education sector
• A non-maintained special school
• A section 41 school.

If the school is one of the above the LA must name your preference unless 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.

Where a school is named they must admit even if it means going over PAN.

Unfortunately, if it is an independent MS or a non section 41 SS you would need to show none of the LA's offerings (maintained and academies) can meet needs or your choice is not unreasonable public expenditure. You would also need an offer of a place in order for it to be named in the EHCP. Sometimes LAs will come to an agreement where parents pay the fees and the LA pay for SEN provision.

One of the things I would be aware of regarding private schools is to really make sure you have an open and honest conversation with them regarding your DD's needs. I'm assuming this isn't a special school. Some private schools are brilliant with SEN and kids thrive there. Others may try and manage a child out if they feel they will not 'bring much to the table' in terms of exam results or will bring extra costs.
The worst situation to find yourself to be in would be if your DD starts at the private school then they turn around and say they can't manage her needs. You'd then be left with no school and no EHCP!
As others have said, there's nothing to stop you applying for an EHCP now to get the ball rolling and keep your options open.
A friend of mine recently won a tribunal to get the council to pay for a private boarding school hundreds of miles away for her DS, so anything is possible with a Plan. However, this child had started at a mainstream secondary where it hadn't worked out so it was easier for her to argue for the more expensive provision.

Thanks everyone, really helpful comments.

The big question will be for us to decide if what the private school can offer without an EHCP is better than what a state school an offer with an EHCP.

It doesn't need to be a choice between the two, it's possible to get an EHCP and go to an independent school.

I agree with minifigs, not all independent schools are supportive of pupils with SEN, and even they are they often charge parents extra for the additional support.

True, but if she can go to the local state mainstream school with an EHCP what if we think the private school is a better fit but the LA don't agree. We will have to decide what to do in that case.

If your preference is an independent mainstream and the LA don't name it you can appeal. That way both the fees and SEN provision will be paid for.

Or you could see if the LA will come to an agreement whereby you pay the fees and the LA pay for the SEN provision.

Was in this position last year. All professionals including the LD team, Ed psych, primary school staff, even the high school felt she needed specialist provision and we had been going through this for 18 months. No places available and had to name mainstream high school
She attended it for six traumatic weeks before finally LA kicked into action and she's had a fab six months at SEN school
I know it's hard I was the same keep fighting and be realistic that it may not be sorted in time for beginning of year seven
Big hugs