Secondary school application EHCP

[Veronica25]

Hi

We need to submit the secondary school application by 6th of October. EHCP was only approved a few weeks ago and we still have not received it but told we need to submit the application and they will begin consultation.

There are spaces to put 3 preferred schools in order but I understand I can only name one? is this correct?

It does say that the LA will always consider your wishes carefully before they make a final decision however, if there is a suitable school or Academy within the borough or close to your home address, the LA will also consult with them to see if they can meet the needs of your child?

I thought one of the points of an EHCP was to be able to choose the school? I am concerned they will allocate DD a school we don't want. What are the chances? She and us have are set in a school which is not within this borough .

If they give us a school we don't want, do we have to accept it? what are options?

@Veronica25

Do you mean an EHC Needs assessment has been carried out and the LA has agreed to issue an EHCP?

[quote Ellie56]@Veronica25

Do you mean an EHC Needs assessment has been carried out and the LA has agreed to issue an EHCP?[/quote]
Correct.

Ipsea have information about naming a school when the DC has an EHCP:
www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

Local authorities don't usually like to name out of borough schools as it costs them more money. They will typically quote: 'The attendance of the child or young person would be incompatible with the efficient use of resources' line.

Try and speak to someone at either Ipsea or SOS!SEN for some specific advice about your DD's circumstances. (You may well need to speak to them about the EHCP when it's finally issued too.)

I was told to name 3 schools for my DS but I only put down one. It makes the LEA's life easier, obviously, if you name three.

They have to consult with the school that you name but they can also consult with schools in borough. Ultimately, they may name a school in section I that you're not happy with. Once they issue the final plan with a school named, then that triggers your right of appeal.

A friend of mine managed to get her DS placed in a boarding school 300 miles away from where they live (paid for by the LEA). That took a tribunal though and two years of her life.

Thanks a lot.

I hope we don't have to go through an appeal.

We are only naming one. Hope they accept it. It is a state school 6 miles from where we live.

@Veronica25

When the draft plan is issued, you should be given 15 days to respond to it. At that point you should also be asked to name your preferred school. (You are correct in that the law only requires you to name one.)

You have a right to request any of the following types of school or college:

• 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.

These are listed in section 38(3) of the Children and Families Act (“CAFA”) 2014.

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.

The LA has to provide substantial evidence to show that one of these reasons applies.They cannot use the often used argument that a school is "full".

Any of the above types of school can be named in a plan, even if the school objects. Once named, the school has a statutory duty to admit.

[quote Ellie56]@Veronica25

When the draft plan is issued, you should be given 15 days to respond to it. At that point you should also be asked to name your preferred school. (You are correct in that the law only requires you to name one.)

You have a right to request any of the following types of school or college:

• 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.

These are listed in section 38(3) of the Children and Families Act (“CAFA”) 2014.

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.

The LA has to provide substantial evidence to show that one of these reasons applies.They cannot use the often used argument that a school is "full".

Any of the above types of school can be named in a plan, even if the school objects. Once named, the school has a statutory duty to admit.[/quote]
Thank you very much. That's reassuring. DD and us have our eyes set on a particular girls school which is not too far from home. I don't think any of the reason for refusal apply to us so hopefully they will accept the school.

LAs consult with the nearest suitable school for transport purposes. Many LAs try to only provide transport to the nearest suitable school, however this can be challenged.

Now the LA is saying they won't be able to start the consultation as the EHCP has not been written yet, even though it has been approved. So They are asking us to do the secondary school application as normal and they will start the consultation once the plan is written.

I am feeling this is an excuse as they have already told us that we were able to apply through the SEN process. I am thinking this is because we put a state school outside the borough and they are going to tell us that sorry there are no more places there.

What options do we have?

So just to clarify the LA is saying we should go through the normal secondary school application as they plan has been approved but not issued yet and when they issue the plan they will begin consultation/ take it from there.

Does anyone know what our rights are here? I tried calling the Information Advice and Support team but they never answered.

The LA are correct. Unless you have a finalised EHCP you should apply via the normal admission procedure before the deadline at the end of this month. Otherwise if for whatever reason an EHCP is not issued then you would be left needing to make a late application and being left with whoever has places left. Don't take the LA's word an EHCP will be issued unless you actually have it. What week are you on? Are the LA sticking to the statutory timescales?

If an EHCP is then issued it must be amended by February 15th and the school named will override any offer that would have been made via the normal admissions round.

Be careful with SENDIAS, some are brilliant but too many are not. IPSEA and SOSSEN are better.

Being full is not enough of a reason to refuse admission, the LA have to prove the school is so full admitting DD is incompatible. The threshold is relatively high. Full isn't legally defined either.

Thank you. That's helpful. I started another post with the specific question.

I need to check the deadline. It all sounds quite complicated. Because We only named one school which is outside the borough I don't want to go an name other schools in the normal application as that will give the council the option to allocate us another school in the borough as it is more convenient to them.

The Advice Service doesn't even answer the phone.