EHCP - do we name mainstream independent school?

[CookieCakes6]

Hope someone can advise. DD has been offered a place at a mainstream independent school to start yr 7 in Sept. We are very happy that the school is the best place, definitely want her to go there and we are able to pay the fees. However, DD has just been awarded an EHCP and the LA want to consult the independent school and will also consult the nearest state secondary. It seems likely that the nearest state secondary school will be named on the EHCP (EHCP outcome names a mainstream secondary school). What happens then? Are we able to decline the EHCP if this happens and say we will pay the school fees at the independent? The independent school offers everything the EHCP would cover, small classes, specialist learning unit etc. We started the EHCP process quite a while ago and in the meantime she has been offered a place at the independent school. The independent school is aware that we were in the middle of the EHCP application process but have obviously offered the place assuming there is no EHCP in place.

Just feeling a bit muddled and concerned now that if we name the independent school that we are creating a potential problem. Nothing happens for so many months and then all of a sudden we have to make quick decisions. Can the independent school now say they don't want to take her? Just thinking of worst case scenario. The letter from the caseworker says that the school named on the final EHCP is the school she will attend.

It is possible to get an independent mainstream school named in the EHCP so the LA will pay for the fees and the SEN support. You would have to prove none of the LAs choices can meet DD’s needs or it isn’t unreasonable public expenditure. If the LA don’t name it you can appeal. As it is an independent school you need them to agree to be named.

Some LAs will come an arrangement with parents whereby the parents pay the fees and the LA pay for the SEN Support, but not all LAs will, some will say parents are making suitable alternative arrangements and therefore they are relieved of their duties.

Many independent MS charge parents extra for SEN support, so if you go down the route of making your own arrangements you need to question the school. Are you sure the school offers all the SEN support DD needs as part of their normal fees? That would be unusual or the EHCP is poor. The school may withdraw their offer, but many do that or manage pupils out even when they do have an EHCP.

(EHCP outcome names a mainstream secondary school).

The draft EHCP should not name a school or type.

Thanks for your reply. The draft does not name a school but the notes from the outcome of the panel does mention mainstream school, or it is mentioned sonewhere in one of the many documents I have been sent.

We have been very open with the school all along and yes, they would charge extra for additional support, which we are prepared to pay.

I feel now that we need to follow through with the EHCP and see what happens. I just don't know what would happen if we decide that we definitely want to send her to the independent school but it isn't named on the final EHCP. If we don't appeal the decision can we just say ok, we're making our own arrangements?

Yes, you can say you are going to make your own arrangements.

Thanks again for your reply

The independent school is aware that we were in the middle of the EHCP application process but have obviously offered the place assuming there is no EHCP in place.

Be careful - we had a place withdrawn as soon as the EHCP draft was issued. School said "we had no idea she was that complex" despite having seen all the constituent reports

That said, if the LA name the mainstream you could

a) ask if you pay the fees for the independent, whether the LA will pay the top up funding to the school to help fund the SEN support
b) appeal section I of the EHCP if you honestly feel that the mainstream couldn't meet needs and feel ready to try to prove it probably by spending a terms fees on independent tribunal standard EP, SALT and OT reports. If tribunal agree or the independent isn't much more expensive than the named mainstream after transport to the mainstream is added (assuming you are going to transport to the independent) then the tribunal may name it and the LA would take over the fees. If you lose you won't get a deal like I mentioned under a)
Appealing could lead the LA to make a without prejudice offer of a contribution towards the fees each year also but you can't count on that and they'd likely only do that if they thought they'd lose.

or c) make your own arrangements. You still keep the EHCP in place in case the school fails and you need a placement arranged in the future.

Thanks @sprongle1

Hi Cookiecakes6, may I know your son's school name ? Thanks

@choclate999 This is about my daughter. We have recently moved to a new part of the country which is adding to the fun! I will not post details on here.