Even if you could EHE, it wouldn’t be the right thing to do. Parents often find it easier (but not easy) to get support when they don’t EHE. Crudely, you are currently someone’s ‘problem’. If you EHE, it is easier for professionals to sweep DS’s needs under the carpet and the LA will say you are making suitable alternative arrangements, relieving them of their duty to make alternative arrangements.
Have you looked at all schools within travelling distance (up to 45 mins is considered reasonable for primary although many travel further)? Including out of area schools, independent (section 41 and wholly independent) and non-maintained special schools? LAs often don’t mention these unless parents do.
Unless the school 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.
Being full is not defined in law, and for non-wholly independent schools on its own, being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. Obviously there is a point where LAs can do this, but the bar is far higher than many care to admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”. And, unless the school is wholly independent, the LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons above. LAs often refuse to comply with this section of law and force parents to appeal, so push the LA to finalise ASAP (are they sticking to the statutory timescales?) and appeal when you have the right of appeal. If MS isn’t suitable and SS are so full placement is incompatible have a look at EOTAS.
Once the EHCP is finalised, the provision in F, including if 1:1 is mentioned, must be provided and can be enforced if written correctly. If the school needs more funding, they should approach the LA - they should do this now anyway as they can receive high needs top up funding.
In the meantime, DS is entitled to a suitable, full-time education. If you want DS to attend full time, he can unless formally suspended. Part time timetables should not be used long term or to manage behaviour. Informal exclusions are unlawful. Easier said than done, but try not to worry about suspension. A formal suspension instead of an unlawful, informal exclusion a) provides evidence of unmet needs to support you pursuing additional SEP/an alternative placement, b) forces the school to follow due process, c) limits the number of days the school can suspend for, d) allow you to challenge any suspension, and e) ensure DS receives alternative education for longer exclusions.
You don’t say how old DS is, but if he is compulsory school age and attending full time or at all isn’t suitable, the LA has a statutory duty to ensure DS receives a suitable full-time education. This should begin once it becomes clear 15 days will be missed. The days don’t need to have already been missed or consecutive. Email the Director of Children’s Services requesting provision under s19 of the Education Act 1996. If the LA delay or ignore you email again threatening judicial review if they don't comply. Then, if that fails, contact SOSSEN for help with a pre-action letter.