Mainstream secondary and EHCP

[Gekkouga]

I’m sorry if this question has been answered, I’ve trawled through a number of threads but couldn’t find an exact answer to my question.

We have chosen a school for our child with ASC and with an EHCP. It is an independent secondary school - mainstream, not special school. We have considered various alternatives and have made up our mind that this is the right one for our child, for various reasons. We have been in touch with the school informally who have confirmed they think they can meet the needs in the EHCP but we will need to apply formally in the autumn.

We can (just about) afford to pay the fees, but wouldn’t be able to afford the additional support required under the EHCP.

Will we have a better chance of getting the named school if we say upfront that we are willing to pay the fees? In other words, the LA should not be out of pocket compared to funding a place in a mainstream state school (which is the alternative, as a special school is not on the cards)? We don’t have the energy to go through a protracted battle (there have been enough hurdles already). If anyone has any words of wisdom as to how to go about this, I would very much welcome them.

Thank you if you have had the patience to read to the end of this post!

You could identify what the LA can give a personal budget as a way of funding the extra. Can/ do you think local state can meet need, so likely LA preference? Many LA don't like part funding agreements. What is the cost difference, is it close or significantly different, how would they get to either school and needs including in any calculation of cost.

Wholly independent schools can be named in EHCPs but the rules are different. You will need an offer of a place and to prove the LA’s proposed school(s) cannot meet DC’s needs &/or it isn’t unreasonable public expenditure.

Some LAs will come to an agreement whereby parents pay the fees and the LA pays the SEN support, but many won’t. Some will say you are making suitable alternative arrangements thereby relieving them of their duties and they won’t pay either.

Unfortunately if you want the school named with the LA funding any of it you may well have to fight.

Direct payments cannot be used to fund an independent school placement.

Thank you for your responses. @FloatingBean do you have any advice on how to prove it isn’t unreasonable public expenditure? I’m thinking that the cost to the LA will be the same for the additional support named in the EHCP whether or not we go private. In fact, we are relieving the public purse of the funding of a secondary school place if we pay independent school fees ourselves. Is there any way of finding out the cost - I’m not sure how to go about this.

And another question (related) if you don’t mind. If they offer us another school, is the argument (which is entirely true) that a large secondary is too big, overwhelming, loud, a good reason to reject the LA’s placement? The EHCP makes reference to noise sensitivity and executive function needs so I’m hoping it’s fairly obvious what would and would not be suitable.

It is possible to prove a placement is unsuitable and cannot meet a pupil’s needs due to the size/environment. You will need evidence to support your claim that e.g. a small school is required.

You can ask about costs. Don’t forget things such as transport and other factors. It isn’t possible for anyone to say exactly what constitutes unreasonable public expenditure without knowing the individual case well as there is no one set amount, even then SENDIST can throw curveballs. There is a lot of case law about this, if you are interested. However, when state mainstream is the alternative it can sometimes be easier to prove the LA’s proposed school(s) can’t meet needs rather than it not being unreasonable public expenditure.

SEP won’t necessarily cost the same in different settings.

In fact, we are relieving the public purse of the funding of a secondary school place if we pay independent school fees ourselves.

This is unlikely to help because proving it isn’t unreasonable public expenditure is about getting the school named in I. If the school is named in I the LA are responsible for funding the fees and SEN support. Any arrangement some LA’s come to outside of this is separate. You saying you are relieving the public purse is likely to result in many LAs responding with by making suitable alternative arrangements you relieve them of their duty.

Thank you, this is helpful. So we’ll focus on trying to prove (if we have to) how proposed school can’t meet needs, and I’ll also look into the case law re: public expenditure. Point taken re relieving the public purse. In your opinion do you think we should start off by asking for all independent fees to be paid and then coming to a compromise if we have to appeal?

Yes, personally I would focus on trying to get the school named in I and fully funded.

@FloatingBean its so kind of you to take the time to help, thank you very much.