Naming a school in EHCP - who decides?

[Vinvertebrate]

I have had lots of help on here from wise MN'ers and I am hoping someone can shed some light on this.

DS has numerous diagnoses including ASC, SPD, ADHD, PDA and dyspraxia. He is currently failing spectacularly in Y1 of a mainstream school. He has had EHCP since age 3.

We recently had an annual review meeting and it was agreed that the current mainstream school cannot meet his needs. I have chosen an independent specialist school which is local to us and specialises in children with a similar profile to DS. The alternative LA schools were for children with "LD's (including autism)" and had 0% of children meeting their targets in English and Maths. DS has a normal IQ and is a maths whizz, but his various SEN mean he cannot sit in a class and is liable to be violent.

Everyone at the meeting agreed - including the LA representative - that the independent school was the best choice. I suggested that we name it on the EHCP in that case. LA woman said nothing, teacher said that we should just draft the EHCP in a way that meant the chosen school was the only realistic choice.

If we all agree, why can't I name my preferred school? That would mean they have to accommodate him, if I understand correctly? Can I push for this?

I understand the next stage is for it to go to a LA Panel, who will likely refuse the funding, and then it will be a Tribunal, so I am prepared for this. IPSEA does not seem to have a clear answer so I was hoping someone with experience of this labyrinthine nightmare can help (please).

TIA.

Is the independent school wholly independent or a s.41 independent? The rules are different.

If the school is a s.41 independent the LA must name parental 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.
Although that doesn’t stop them from refusing and forcing you to appeal.

If the school is wholly independent you need an offer of a place from the school and you need to prove the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure.

Thanks - it’s not a s.41 school, it’s wholly independent and run by trustees. The current school and LA agree that needs can’t be met at current school. All of the places are LA funded so it wouldn’t be an option for us to pay the school if that makes sense? There are plenty of local kids at this school.

I just really want to understand whether I can name it in the EHCP.

In order for a wholly independent school to be named in section I you will need an offer of a place from the school and to prove the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure.

Thank you. The school has confirmed that they can accommodate him, but the bit I am struggling to understand is the order in which all this happens. If I just stick the name of the school in section I, at what point do I need to submit arguments that it is not unreasonable expenditure etc?

I am confident that the argument will ultimately succeed because DS will not cope in any school with a "normal" number of pupils, and will become violent, as has been documented multiple times.

Following the AR the LA must inform you whether they are going to amend or not within 4 weeks. If they are they must send a draft at the same time. At this point you will get the chance to comment on the draft and request your preferred school. At this point if the EHCP is correctly written it should be clear any other school the LA may potentially propose can’t meet needs. You can also point this out and if it isn’t unreasonable public expenditure you can mention that here.

You don’t name the school in section I, the LA do. You only get to state your preferred placement. The LA could name a school you don’t agree with/that isn’t your preferred placement and force you to appeal.

Thank you very much @ThomasWasTortured

@Vinvertebrate How did you get on with this? We are trying to get LA to name a wholly independent school. They have offered him a place but LA are trying to discuss a school that is 50 mins away.

Hi @Ibytam

DS got a place at the preferred school in the end. I don’t quite know how, but it was agreed by the LA. It’s not much of a strategy, but I refused every other school offered and wrote to the LA with a recent ed psych report, stating that x school was the only reasonable option and I would be delighted to discuss it further in a Tribunal. 🤷🏻‍♀️

DS is thriving in a class of 4 and is supported in the areas where he struggles and stretched in those where he excels. More importantly, he goes to school happily every day.

Is your preferred school for SEN or a mainstream private? I had some great advice on here and would be happy to help if I can. X

Ahhhh so pleased to hear that, what a relief for you as a family. I truly cannot wait to feel that moment of relief for my son as this has been such a battle so far.

I’ll try make this as short as possible but absolutely would love your opinion and any advice you can offer if possible. My son was awarded his EHCP last January whilst in reception of a mainstream school. I will admit, I didn’t know what I was doing at the time and allowed his EHCP to be finalised without understanding half of it. It stated he should stay at his current mainstream setting. We knew in our hearts, as his parents, that come year 1 he would point blank not cope in a mainstream setting and we were right.

We appealed their decision and it was rejected, the tribunal process is still ongoing as we haven’t had a date for it yet but after his annual review and lots of evidence submitted, the LA agreed it needed to be amended to say he should be in a specialist school. Originally I was elated, that was back in January of this year and STILL we are no further with it.

There is an independent school 6 minutes drive up the road from us which we have visited and contacted multiple times and we love it for him. They have agreed that they can meet his needs and offer him a place immediately. The LA obviously don’t like this and I can only assume it’s down to funding.

I got an email yesterday from my sons SEND Keyworker saying they will be discussing a totally different specialist school which is a 50 minutes drive away and will be able to arrange transport for him. I got no reason as to why our preferred school isn’t being discussed and being put forward at all. She was very matter of fact about it and I’ve found it quite unacceptable tbh.

I’ve written a very lengthy email to her about why the school they are proposing he goes to will not be suitable. They have groups of 6 when my son ideally needs smaller groups, possibly completely on his own or as little as 2/3 children. The fact the maximum travelling distance for primary school children is said to ideally be 45 minutes and this school is close to an hour away, especially when factoring in its across a very busy city and he will be travelling during the two busiest times of day. Not to mention he can be very unsettled when travelling far, can scream and cry when the car stops at traffic lights, can lash out at others around him, is disturbed by noise and gets very, very upset.

Any advice you have is super welcomed!!

@Ibytam I am the poster who posted on your thread. Just under a different name.

We appealed their decision and it was rejected, the tribunal process is still ongoing as we haven’t had a date for it yet

I just want to pick up on ^this because you didn’t mention this in your thread. I think you might be confused about the process. When you appeal an EHCP, you do that by appealing to SENDIST - this is the Tribunal process. They aren’t separate processes. When did you submit an appeal to SENDIST? Some bits of my posts on your thread won’t be relevant if you have already submitted an appeal to SENDIST.

Do you have evidence DS needs class sizes of 2/3?

I will admit I do find the whole process confusing.

I don’t mean the appeal was rejected I just meant when we asked for that school to be named they rejected it, if that makes sense? Then it was mediation is that what’s it’s called? And then now we’ve been waiting for tribunal. I’m not sure of the actual date but it was May last year.

The only evidence we will be able to gather will be from his current school from
his teachers, his reports etc. is there anything else we could do to prove this? He’s in year 1 and is never inside the classroom because of the other children, he throws things and can become violent. Honestly appreciate everybody’s help as I feel out of my depth sometimes and wish I was more clued up but I’m definitely learning as I go and open to everybody’s suggestions.

@Ibytam if you submitted an appeal to SENDIST in May last year, you should know when your hearing date is. Do you? Just checking you do and when you said you haven’t had a date for it yet, you mean you haven't had the hearing yet, but you do have a date.

Have you looked at independent assessments, e.g. an independent educational psychologist assessment, SALT, OT? You need evidence. You can also submit subject access requests to the LA and school. Make sure you are following all verbal conversations up with emails to create a paper trail. Contact the school the LA has proposed and give them a full picture of DS’s needs.

The placement named in section I of the EHCP is the logical conclusion of section B&F. So you need to look at those. Did you appeal B&F as well as I? If B&F are poor/inaccurate, there is a higher risk your preference will not be named. If DS needs a class size of 2/3. That needs to be in F.