Secondary transfer with EHCP help!!!

[samarcanda]

My daughter is in y6, h she's autistic and her EhCP has been delayed by the council immensely.
Eventually we made the 15 September deadline and named the school of my older son in her EHCP.
I had a meeting with the SENCO of the secondary school last May to see whether the school can meet her needs and I was happy, although he seemed to try to discourage me a little (limited staff, highly academic etc)
The school has a siblings policy so without an EHCP she would have a place there.

He (SENCO) acknowledged that we named the school in the EHCP but the admission office also told us to fill a regular secondary admission form for their own admin, although that has been cancelled by the LA because she has to go via the EHCP route.

We are now very concerned that the school might turn her EHCP application down (it's oversubscribed).
How likely is this to happen? What can I do to make sure she gets in? It would be a disaster for her not to go with her brother. She is v anxious.

Thanks for your help! This is an endless horrible process. Xxx

Unless the school is wholly independent the LA must name your preferred placement in the EHCP 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 and schools admit. If the LA can’t do this the LA can, and must, name your preferred placement even if the school objects. The LA must finalise the amended EHCP naming the secondary placement by the 15th Feb.

Oh thank you, this is reassuring. So it's the LA that decides? They told me it's the school. This is a particularly selective state comprehensive academy.
X

Yes, it is the LA, and ultimately SENDIST. You only need an offer of a place for wholly independent schools.

Ok that's that's useful