EHCP Confusion Regarding Timings

[Revan]

Hi all, I hope you can help me work this out because I can't get a straight answer from SENDIASS or the Council. Thank you in advance!

Our son (4) is currently getting an EHCP (at final drafting stage) which names his Nursery as his current place for provision, however he will be starting school next year (Sep 23) and it really should be at a Special School as he is severely disabled.

The places at the maintained Special School we hope he can go to are limited, and surely places will be assigned early next year. If his EHCP names his nursery doesn't that mean he isn't eligable to go to the school or even be in the mix for selection?

When should a new EHCP be issued with the schools name in it? Do I need to start that process now? It feels like I don't have any time and I'm at a loss on what to do...but I am desperate for him to go there and terrified the current about-to-be-issued EHCP will get in the way of that.

Our son (4) is currently getting an EHCP (at final drafting stage) which names his Nursery as his current place for provision

Draft EHCPs shouldn’t name a placement. Only finalised EHCPs should.

When should a new EHCP be issued with the schools name in it?

Phase transfer EHCPs naming the reception placement must be amended by 15th February.

Do I need to start that process now?

For existing EHCPs a review should be held during the autumn term and during that process parents get to state their preference. As you won’t have a review this term you should make the LA aware of your preference now, in writing.

The places at the maintained Special School we hope he can go to are limited

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. There does become a point where LAs can do this but the bar for proving incompatibility is high, higher than many realise.

If his EHCP names his nursery doesn't that mean he isn't eligable to go to the school or even be in the mix for selection?

The nursery being named as the current placement won’t prevent a SS being named as the reception placement. However, do sections B&F indicate a specialist placement is necessary?

Thank you so much for your response!

The LA has to prove the school is so full admitting DS is incompatible.

Does this mean that we can try to fight for a place for him even if we get rejected based on fullness? Is that in appeal or tribunal stage, or something else entirely?

However, do sections B&F indicate a specialist placement is necessary?

B & F do not explicitly say a specialist school is necessary (although the provisions stated/required are extensive), do we need to get that in writing? He's low-functioning, non-verbal Autistic and wouldn't manage even an hour at mainstream schools.

Does this mean that we can try to fight for a place for him even if we get rejected based on fullness? Is that in appeal or tribunal stage, or something else entirely?

Yes, unless the school is wholly independent, which doesn’t apply here, the LA must name your preference unless they can prove:
-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.

If your choice isn’t named you can appeal to SENDIST, which is the same thing as going to Tribunal.

B & F do not explicitly say a specialist school is necessary (although the provisions stated/required are extensive), do we need to get that in writing?

You will need evidence specialist provision is necessary, and it would help if that was explicitly stated. Is the provision specified and quantified or vague and woolly?

I'm honestly not sure, it includes things like (randomly selected):

All teaching staff and Learning Support Assistants (LSAs) working with [X] will implement recommended strategies throughout daily learning:

[X] will need small group and 1:1 setting, where there is a high staff / pupil ratio.

[X] requires an increasing range of experiential learning activities, incorporating varied tasks which are planned in line with [X]'s developmental profile and reviewed accordingly.

[X] will require targeted activities to develop his fine motor skills.

Learning activities must also include a level of planning to ensure speech and language targets and activities are embedded throughout the curriculum in addition to daily structured intervention to support the development of these skills, and that there is a focus across all learning activities on encouraging functional and expressive communication.

That’s rather woolly. For example, “small group” needs defining because your definition will be different to the LA’s. Same for high “staff/pupil ratio”. The second bullet point says a lot without actually saying anything. Who will review accordingly?

Is there direct speech and language and OT provision.

There is provision for 90 mins a term for direct speech and language, with the SALT then training staff with the new recommendations. Otherwise the provisions list some of the current advice we have been given to be implemented (in similar language to the earlier examples).

For Occupational Therapy we asked for one (as he has been assessed before by one) but the Council didn't get anybody in the end. The coordinator tells us that we can add it in later reviews. We're being pressured at the moment to finish up/accept the draft with the insinuation that if we don't that it will delay funding and prevent him from getting to the school we want in time.

Going backwards and forwards with the LA rarely works, so finalising ASAP is the way to go then appealing if you aren’t happy. The LA should have sought OT advice.

Thank you so much for your advice and taking the time to explain all this to me Thatsnotmycar. I've got a lot to think about now!