School reluctant to be named on an EHCP

[EHCP22]

Hi,
just coming out of a meeting regarding DS’s Draft EHCP. The attendees were: LA representative, LA EP, DS preschool key worker and the SENCo from the school we wanted to name.
At the beginning of the meeting the SENCO said that she has discussed DS case with the headteacher and she doesn’t think the school doesn’t have enough funding to have DS. The LA and the EP interrupted her and said that that’s not time to discuss which school will be named and that it’s ultimately the LA’s decision. I was a bit shocked and it took me a minute to process this information, when I asked the SENCo to clarify she tried to respond, but was interrupted again and didn’t get a chance to explain what the funding issue is ( she managed to say something about the cost of funding 1:1 being £20 000 per year).
The school would be great for DS- it’s small and he already has friends at his preschool, who would be going to that school.

Is it up to the school to fund the provision set out in the EHCP? Surely the council will top up if resources are insufficient? Under what circumstances can the school refuse to accept a child with an EHCP?

We will be going to tribunal for the contents of the EHCP, but I was hoping that at least naming the school would be a smooth process.

Thanks for reading.

There’s 2 separate issues.

1.The school being reluctant to be named. Unless the school is wholly independent 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.

The LA are right. The school can be named against their wishes unless they are wholly independent.

1. Funding. Ultimately it is the LA who are responsible for ensuring provision is specified and quantified in EHCP is actually delivered. EHCPs can be fully funded, they will only do so however if forced. Focus on ensuring provision is specified and quantified in F rather than funding that way you can enforce it. The school need to discuss funding.

If you are appealing F you should also appeal B.

Hi JustKeepBuilding,
thanks a lot for the response. The school is not independent- it’s a VA school. So the argument of not having enough funding (as they are a small school) is not acceptable?
“EHCPs can be fully funded, they will only do so however if forced.”Do you mean the LA has to be forced to pay for the provision in the EHCP otherwise it comes out of the school’s resources? They will need to employ a 1:1 as the draft currently states 25 hours per week 1:1 support. Would the LA or the school have to pay for the 1:1?

It is possible to force the LA to fund all the provision in the EHCP as ultimately they are the ones responsible for ensuring it is provided. But if they can get away with not doing so they will, meaning the school struggle to fund it.

In this situation, the school not having enough funding isn’t an acceptable reason to refuse to name your preference.

Thank you very much