EHCP and moving schools

[Midgeymoo12]

My 6 year old has ADHD and has an EHCP, supporting one on one support at school.

I am considering a move to a private school. Would the EHCP funding for one on one support move with him to the private school?

@Midgeymoo12

Not necessarily. The EHCP would have to be amended to name a different school and the LA could decide to make other amendments too.

Why are you considering moving to a private school? If it is wholly independent, the LA could refuse to name it on the EHCP, if they deem the current school or another one can meet needs just as well.

I am assuming this in an in year transfer rather than a phase transfer at the end of infant school, for example.

At Annual review (or early review if you/school call one) you can assert that his current school can't meet needs. If this IS the case and the school agree, the LA will have to consult with other schools, including the private school you would like.
IF the private school (including transport - which you can offer to do for the private but not for another school) is the cheapest school that can meet needs, the LA should name it. If they refuse then you go to appeal and have a good chance the tribunal will name it. You can choose to pay privately in the mean time (good evidence it CAN meet needs) BUT run the risk that the tribunal don't name it (the LA could easily find a SEN placement that can meet needs if mainstream are saying no, or a mainstream that say they can meet needs and it would be down to you to prove these schools are incompatible with your child's needs). You then have to move your child to the school the tribunal name or pay privately for the school and all requested support.
If costs are marginal - ie your choice is more expensive but only by a bit, then the LA may offer to name it as "parental preference", paying fees but not transport and possibly not additional SEN support (if you want THAT paid for then the school have to be very upfront about the full costs for your child to attend ie annual fee of £x and top up fee of £y (which may be itemised) to provide everything in section F not offered to all children in the normal school fee)

If you are in the situation where mainstream can meet needs but you'd prefer private (maybe you'd be paying for private school regardless of your child's SEN needs), you really need to have some discussions with the LA/caseworker. This can be easier at phase transfer as the child has to move schools anyway.

All LAs are different here and some local knowledge would be useful. Its about the money so, if the funding for your child, currently, is £4k placement plus £6k notional + £2K top up, for example, you could well get £2K pa towards therapy or SEN support offered by the private school but this CAN NOT be used towards school fees.
Some parents have been successful with bargaining more than that, actually being given a certain amount pa "to make your own arrangements" which may be more than the top up and then can be used towards fees.
Some parents have been successful in asking for a personal budget to pay for SALT/OT/dyslexia support mentioned in section F out of school but then making their own arrangements for schooling at a private school or home educating. (EOTAS is an option there in section I but only if NO school can meet needs)

So.... can the current school meet needs, in your opinion? If not, I'd recommend planning on a private EP and or SALT and or OT report to demonstrate this if you are wanting the LA to pay for everything, especially if the school aren't on your side here.

@sprongle1

Thanks for the information. I believe the current school can meet his needs - they have been very helpful. He now has a EHCP that supports a one to one teaching assistant. He performed well academically, it is to support his behavioural problems. He was out of control last summer term but seems to be calming now he is on medication and has the support he needs.

I am consider a move to a private school at year 3 (start of the junior school section). His sibling attends. Overall, I feel there is more opportunity at the school - academically and with sport.

We are in the fortunate position to be able to pay the private school fees. I am just wondering if the EHCP funding for the one to one support would move with him.

Also, I need to feel reasonably sure the school will support him and he will settle there. It is a bit of a leap and I don’t want to set him up for failure.

Be aware that some private schools will insist on a 1:1 TA and charge for it in full. They might not in the first place but may just decide the only way he can stay is for you to pay £x pa for extra support.

Personally I'd open a dialogue with the LA about moving him to private school IF the LA will pay something for the additional Support listed in section F.

They will save £4k in placement fee (unless the school is undersubscribed) and any top up they are paying so might be willing to give you something. It is highly unlikely to cover a full time dedicated TA which I'd expect would be more like £14k pa. (Maintained schools are notoriously underfunded for TA support and most provide shared support where allowed, to stretch the budget, but in private there may be nobody to share with)

If the LA are not contributing, the school does not legally have to follow the EHCP, but of they don't then its likely your child will struggle, though in the right environment a child may well need less support.

Please check the school has experience of children with similar needs to your child, and ideally with EHCPs as some private schools are really not good with SEN at all and I'd hate for you to have to move him again.

It is possible to get an independent MS named in the EHCP, therefore the LA will be responsible for fees and SEN support. However, if state MS can meet DS's needs this is highly unlikely.

Some LAs will come to an arrangement whereby parents pay the school fees and the LA pay for the SEN provision. However, there are just as many who won't.

Also check to ensure the 1:1 is specified and quantified with no vague or woolly wording such as "access to" or "or equivalent".

Another who would check how welcoming the school would be.
IME there is a massive overlap between independent schools and schools that 'manage out' and children with additional needs.

Hopefully there will be a rush of people who can say this isn't their experience, but I am not talking about one school or one child, but a repeated pattern over many years, from many schools.

Yes, I agree with Sprongle 1 re potential TA costs. The main thing you need to be aware of is the LA cannot ‘step in’ in a private setting to help enforce the EHCP if your child’s needs aren’t being met. It’s legal status really loses its power in such a setting. Good Luck (mum to 2 primary school age boys, DCD, ASD & ADHD) Xx

LancsMum88 that isn't quite accurate, although I'm sure LAs and schools would like parents to believe it. It is the LA who are responsible for ensuring provision in EHCPs is provided, not the school, that doesn't change in independent schools. As long as the LA are responsible for the EHCP i.e. you aren't making suitable arrangements yourself therefore relieving the LA of their duties, even if section I states parental preference (which is part of the reason why some LAs are reluctant to come to arrangements splitting the costs, and why LAs refusing to provide transport because of parental preference can be challenged), they are responsible for the EHCP provision, and specified and quantified provision can be enforced via Judicial Review if necessary.

Independent schools are not above the Equality Act either, and can be held to account via disability discrimination tribunal if such a situation arises.

Independent schools are not above the Equality Act either, and can be held to account via disability discrimination tribunal if such a situation arises.

Legally maybe but
a) who wants their child to go to a school where they have had to be taken to court to even have them in
and
b) Which parent of a child with additional needs has the energy (or money) to take them to court ?

It happens constantly that fee paying schools don't admit (or, where admitted by accident - manage out) children with additional needs. Pretending it won't happen because of the equality laws doesn't really reflect the reality.

Kite I fully agree with not wanting DC in a school that really doesn't want them, but I was clarifying the assertion that the EHCP's "legal status really loses its power", because it is important parents know the legalities, and some schools may think they are above the law, but they are not. There are parents who have successful disability discrimination cases, including on MN. I know of three successful disability discrimination cases against indie MS, albeit all were already on the roll of the school at the time. Also, there are many parents who push the LA to name a school regardless of the school's objections (obviously not wholly independent schools) or go to tribunal to secure a place at a school who doesn't really want to admit them.

I agree. Both my children have EHCP’s. The whole process is exhausting + having two SEN childgdb is exhausting plus the Equality Act and the enforceability of an EHCP are two completely different things.

That isn’t quite accurate 😑 The Children and families act 2004 relates to maintained schools only! A private school is not a maintained school. If that EHCP is not being followed the LA has no standing to take legal action to force the school to do it. Judicial Review, in theory yes but you’ve clearly not had any dealings with the legal processes surrounding SEN education and how utterly exhausting and draining it is all whilst working part time and raising 2 SEN children.

@Imitatingdory

LancsMum88 that isn't quite accurate, although I'm sure LAs and schools would like parents to believe it. It is the LA who are responsible for ensuring provision in EHCPs is provided, not the school, that doesn't change in independent schools. As long as the LA are responsible for the EHCP i.e. you aren't making suitable arrangements yourself therefore relieving the LA of their duties, even if section I states parental preference (which is part of the reason why some LAs are reluctant to come to arrangements splitting the costs, and why LAs refusing to provide transport because of parental preference can be challenged), they are responsible for the EHCP provision, and specified and quantified provision can be enforced via Judicial Review if necessary.

Independent schools are not above the Equality Act either, and can be held to account via disability discrimination tribunal if such a situation arises.

That isn’t quite accurate 😑 The Children and Families Act 2014 relates to maintained schools only. A private school is not a maintained school. If that EHCP is not being followed the LA has no standing to take legal action to force the school to do it. Judicial Review, in theory yes but you’ve clearly not had any dealings with the legal processes surrounding SEN education and how utterly exhausting and draining it is all whilst working part time, raising 2 SEN children and taking them to their various appointments.

LancMum Well you presume wrong. I have 3 DS's with a LLI and other needs, 2 of which have EHCPs. To get to where we are we have had threats of JR, pre action letters and LGO complaint upheld, so actually, yes, I know exactly how exhausting it is, but we only have the support we do because we have advocated for and enforced DS's rights.

I never mentioned the CAFA (which actually doesn't only apply to maintained schools, but under section 38(3) parents only have the right to request maintained schools, academies, a FE institution, section 41 independents and NMSS, but that doesn't stop parents being able to ask for wholly independent schools and the LA should take section 19 into consideration if they do.), and qualified part of my pp "with obviously not wholly independent schools". My post is accurate, the LA do remain responsible for ensuring the EHCP is delivered.

I know EHCPs and the the Equality Act are different things, I didn't post otherwise, l but failure to make reasonable adjustments, including those in the EHCP, is discrimination and you can successfully challenge it. If you choose not that's fine, but it is an option and people, including MN'ers, have successfully managed it.