Appealing Section F and named school questions

[EHCP22]

Hi again,

Currently waiting the official first draft of DS’s EHCP. He is due to start reception in September 2023.
The school we want to name have been reluctant, saying that they won’t be able to meet DS needs and they don’t have enough funding.

We will have a meeting with the Headteacher of our second choice, but I’m getting worried that they won’t be keen either, as the the EHCP gives the impression that DS’s needs are very high ( they are in some respects and he will need 1:1, however he’s potty trained, verbal and can learn fast if taught in small steps with positive reinforcement (ABA).

We want his 1:1 to be trained by the Behavioural Psychologist, who is overseeing his home ABA programs. Unless a miracle happens and the LA agrees to this after we ask for amendments of the official draft, we will be going to tribunal. When lodging an appeal last time (refusal to issue) the hearing date was 9 months away.

If we appeal against section F and also the school named in the EHCP and the hearing date is after September 2023, what would happen to DS’s education and provision while we are waiting for the hearing?
Would he have to spend an extra year at preschool? Is the contents of the EHCP enforceable if there is an ongoing appeal against it?

Thank you for reading. Any thoughts and advice would be highly appreciated.

Are you naming a private school?

If you appeal BFI (you should always appeal B if appealing F & I) the finalised EHCP will stand until (if) it’s amended following Tribunal so DS will attend the school the LA name in section I. You will be able to enforce anything specified and quantified in F, but if it’s woolly and vague you won’t be able to.

If DS can’t attend the named school the LA must provide provision specified and quantified in section F and once compulsory school age provision under s.19 of the Education Act 1996.

Unless the school you want is wholly independent the LA must name your preference unless the LA 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 the above is higher than many LAs care to admit. If the LA can’t prove the above they can, and must, name the school regardless of the school’s objections.

Hiya,
thank you very much for the detailed response. Does it make a stronger case to appeal B and F?

Ruby1001, It’s not a private school, it’s a small church school.

So hypothetically speaking, if the LA consults with both schools and they refuse, can the LA name a special school against our wishes? ( I understand that the bar for “not being able to meet a child’s needs” is high, but maybe it’s cheaper and easier for the LA to name a special school, rather than having to provide extra funding to a mainstream school.)

I emailed both schools asking for their SEN budget and one of the SENCOs emailed me the School Financial Benchmarking website.

schools-financial-benchmarking.service.gov.uk/

I had a look, but I can’t find data about SEN budgets. Do you know how to locate this information?

Many thanks again.

Forget about the notional SEN budget, EHCPs can be fully funded.

F will be based on the needs in B, if you are claiming F needs amending it is highly likely B does too. The placement named in I will be based on B&F.

The LA can only name a SS against your wishes if they can prove a mainstream education is incompatible with the provision of efficient education for others and there are no reasonable steps that could prevent the incompatibility. However, unless the LA can prove the high bar for one of the exceptions they shouldn’t refuse to name your preference just because the school objects, the school can be named against their wishes.

Ok thank you for help again.