“Finalise with Secondary”

[ButterfliesnWaterfalls]

Hi all,

DS year 6. EHCP and application with the local authority.

His caseworker said “I’m ready to finalise with X school today.”

What does this mean?

It’s hard to get hold of her and she emailed me today. Not sure what that means??? Does it mean the school have accepted him?

Any insight welcome.

PS I have rung her many times over the last few weeks and have left messages but this is the email I got today.

I would take it to mean the LA are ready to finalise the phase transfer EHCP naming X school as the secondary placement.

With an EHCP it’s not a matter of whether the school have accepted him unless it’s woolly independent. The LA don’t need an offer of a place and the preferred school can, and must unless one of the exceptions applies, be named against their wishes.

Thank you for your post.

Thing is, with the first option we had, the school said they couldn’t meet our requirements so the caseworker said to go with the second option and see what they say. That’s why I thought perhaps the second option school might say they same thing and then we would be left with no options other than to appeal which is a huge hassle.

What did they mean by “couldn’t meet our requirements”?

Unless your first preference is wholly independent (is it?) the LA can only refuse to name it if 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.

The bar to prove this is high, higher than more LAs say and is more than an “adverse effect”, “impact on” or “prejudicial to”. Unless the school is wholly independent the LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the reasons I posted above.

Have you seen this info from Ipsea about choosing a school with an EHCP?

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

As @JustKeepBuilding says - providing the first choice school isn't an independent school, they can't just say 'no, we can't meet DS's needs'. If that were the case, I suspect the majority of schools would use that line.

Were you asked to fill in a form 'expressing preferences' for secondary schools? Some local authorities are getting parents/carers to do that. This isn't a legal requirement. You don't have to list more than one school.

Would you be happy with school B? There is still time to appeal for school A if it's not named in your DS's EHCP.

I wouldn't rely on what local authority caseworkers say. Some are great - others less so.

I wouldn't rely on what local authority caseworkers say.

Me neither. They will tell you what they want you to know and the LA’s version of the law.

BTW toomanyminifigs, there is no requirement for parents to complete even one choice on the form.