EHCP as not been issued - Secondary school application

[Veronica25]

DD is due to start Secondary School in September 2022. We were informed that the EHCP was approved and we could apply by the 6th October using the SEN application and they will begin consultation even though the plan has not been issued yet. Today we emailed the application naming one school which is a state school outside the borough.

Now the LA is saying that because the EHCP has not been issued yet we should go through the normal school application process and they will take it from there once the plan is issued?

What are our chances of getting the school we want if the LA doesn't start the consultation on time? what are our rights? how long do they have to issue the EHCP? Should we just apply through the normal school application process and name the same school?

Thank you

Apologies! Didn't mean to hijack this post, posted my comment in erro, should have been a new thread. I've reported myself! And asked to be deleted.

Update: We had the meeting with SENCO person and lady who wrote the draft and made a few adjustments. SENCO person at her current school was slightly concern about what funding and what band is going to be and whether the school will manage to provide the support if they get a small funding. Apparently there are 3 bands in this LA 4k, 8k, 12k.

Can the secondary school we choose reject the child on the basis that there is no enough funding to offer the support required? or on the basis that they already have too many children with EHCP? this last thing was mentioned by he writer of the draft? but I gather she is not an expert on this.

I will be happy once the school we want has accepted and we have a secondary school place. Maybe moving house would have been easier. Let's hope everything goes to plan.

Thanks again for all the advice.

The EHCP if done correctly is a legal document which sets out all of the child's needs in Section B and then details specific and quantified provision to meet each one of these needs in Section F, whatever the cost.

The LA has a statutory duty under Section 42 of the Children & Families Act (CAFA) 2014 to secure all of the provision specified in Section F and would be expected to provide the necessary funding.

Unless it is a wholly independent school, the school cannot refuse to admit, however many children they have with EHCPs. If they have concerns with funding they must take this up with the LA.

The LA can override the school and name the school in the EHCP even if the school objects. Once the school is named on the plan, the school has a statutory duty to admit. (Section 43 CAFA 2014)

The LA can only refuse to name your preferred school for one of the three reasons I posted on your other thread, and if it went to appeal, would be expected to provide substantial evidence why that reason applies.

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

As Ellie posted there are limited reasons the LA can refuse to name your preference, and funding isn't your concern. If the LA cannot meet the threshold they can, and must, name your preference regardless of the school's objections.

Having said that, having a high number of pupils with EHCPs already on roll could be a reason to refuse to name your preference if it means the LA can prove admitting DD is incompatible, which is a relatively high bar, beyond an adverse effect.

Thank you very much Ellie and Imi. You have both been very helpful. We would not have got the draft so quickly if it wasn't for your advice reg writing to the Director of Children Services as they were already 3 weeks behind and really got moving after that.

I will use your points if I have any issues. We got the final draft yesterday evening. There is an additional sheet with costing I think and it is nearly £10k. Not sure what the school will say but It seems good to me for the support DD needs which is nothing unreasonable as her needs are not that extreme.

I will go into naming the school now as they are asking for it on the email. I am assuming they are asking for both the current year and Secondary School, even though they don't mention it. They say they have to name unless:

a) the school is unsuitable to xxxxx’s age, ability or aptitude or to special educational needs, or

b) the attendance of xxxxxxx at the school would be incompatible with the provision of efficient education for the children with whom would be educated or the efficient use of resources.

Hi, one more question to the experts please?

This is the latest email I got from the LA when I enquired about how the Secondary school consultation is going:

The EHCP will be finalised naming the current school next week(primary school)

The outcome of the secondary school consultations will be shared by December.

Is this the correct process? does this mean we still need to apply using the normal process as we don't have a secondary school allocation yet?

As you won't have a finalised EHCP by the normal admissions deadline you should submit a normal application just to make sure. Do not trust the LAs word they will finalise. LAs are notorious for acting unlawfully and being untrustworthy. It is better to submit a normal application and not need it, than not make one and later wish you had. I would note on the application that you are awaiting receipt of a finalised EHCP.

Phase transfers EHCPs have to be amended by 15th Feb.

ok. Thank you very much, will do that