Ehcp and waiting lists. What can I do?

[BalletPrancers]

My DD is in year 8 but is using alternative provision (home tutoring) but she needs a school place.Following an emergency review of her EHCP, it has been agreed that she can go on a waiting list for the special school we want.

I’m not happy about this as the wait is indefinite and whilst she does have tutoring, it’s not a school place and she has no peer support or interactions.

Is there anything I can do about this?

Appeal. As well as I you should appeal B&F. If all DD is currently receiving is home tuition they are lacking too.

Unless your preferred school is wholly independent (is it?) 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 on its own being ‘full’ is not enough of a reason to refuse to name your preference (wholly independent schools excepted). The LA has to prove the school is so full admitting DD is incompatible. The bar is higher than many LAs claim. It is more than an “adverse effect”, “impact on” or “prejudicial to”. 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.

As an aside, EOTAS can include far more than home tutoring. It can include peer support and interaction. For example, it can include music/drama/art/cooking/sports/coding classes, book club, chess club, sport/exercise club/groups, an AP (e.g. a care farm, forest school, outwards bounds centre, tuition centre, art centre), a budget (and TA/LSA/mentor) to access the community (e.g. for things like museums, sensory room, shopping, trampolining, theatre, eating out, travel training…). It can also include therapies (e.g. OT, SALT, rebound therapy, hydrotherapy, hippotherapy, animal assisted therapy, art therapy...) and mentoring (either F2F or online with someone like Mindjam).

@KeepGoingThomas
How can I appeal if they have said I can have the school I want? I hope that doesn’t sound rude it’s a genuine question.

I haven’t had the review paperwork yet so I don’t know what will be the named school. I don’t know because DD is enrolled in a normal school but has not been in to school since the summer so she gets tutoring. And now they say we can have the special school we want, just not yet because there are no places.

If they name the special school in the paperwork, would I just have to wait?

Thanks for that information. I know one of the teachers at the meeting mentioned eotas but then someone else said this would put DD to the back of the queue for the special school because she will be catered for? But she’s not in a school so I don’t think that’s fair.

So you can’t appeal yet because you don’t have the right of appeal yet. When was the review? The LA must inform you whether they are going to amend or not within 4 weeks and if they are going to amend must send an amendment notice at the same time then finalise within a further 8 weeks. Either when the LA refuse to amend or when they finalise after amending you will be able to appeal. Unless the LA name your preferred special school for a start now/soon you should appeal. Any appeal can be prioritised because DD is not in school.

The LA hasn’t said they will name the school you want. They have said DD can go on a waiting list, which isn’t the same thing. If they name the school you want DD will be able to attend. If she is on the waiting list she can’t and they may or may not name it at some point in the future.

Have you looked at all schools within travelling distance? Including out of area and independent schools. Sometimes if parents start talking about a more expensive option the LA ‘finds’ a place.

In the meantime, is the LA must still provide anything detailed, specified and quantified in F. Is there anything in there they are not currently providing?

An EOTAS package via the EHCP (with section I blank) wouldn’t mean DD goes the the back of the queue for SS. It doesn’t work like that.

@KeepGoingThomas The review was just last week so it sounds like I’ll have a few weeks to wait for the paperwork. It was talked about in the meeting and the person from the council was there and they said they agree on specialist .

You have made a good point though that a waiting list and being named on an ehcp are different.

If I get the paperwork and her current school is named in the school section, this means that they can change their minds at any point and I should appeal?

If I get the paperwork and it names the special school in the school section, DD can start attending immediately, she doesn’t have to wait?

If they try to say she has to wait, what should I do?

If I agree to eotas in the meanwhile, and the paperwork comes through with the school section blank, should I then appeal to get a school placement? would she still be a priority for a hearing if she has eotas?

I was made to feel like I should be really grateful DD has been accepted on to a wait list, but it’s no good if the wait means she’s not in a school in the mean time.

I will look at other schools in and out of the area too thanks.

DD is getting some of section F but not all of it as they told me it can only be done in school.

I am sorry I have lots of questions. I just don’t know what to do.

The provision detailed, specified and quantified in F must be provided. If it isn’t you should email the Director of Children’s Services reminding them of their duty under s42 CAFA 2014. If they refuse, delay or ignore you email again threatening judicial review. Then, if that doesn’t work contact SOSSEN for help with a pre-action letter. However, it can only be enforced if it is detailed, specified and quantified. If it is vague or woolly with wording such as “access to”, “would benefit from”, “opportunities to”, “or equivalent”… it isn’t enforceable and you should aim to improve the wording, via appeal if necessary.

Yes, if anything other than the preferred school is named in section I or if it is blank you should appeal. With EHCPs waiting lists don’t exist in the same way and it is the LA fobbing you off. You can still request an expedited hearing due to DD not being in a school full time. Sometimes section I will state a placement for now and e.g. a placement for Sept 2024. If it states anything later than Sept 2024 I would appeal. If the preferred school is named in section I DD can attend - if it says from e.g. Sept 2024 she can attend from then.

@KeepGoingThomas thanks and sorry for the late post, I’ve only just gotten round to coming back to the thread.

I’ve emailed the council’s director to ask about things in Section F because she’s not receiving any of it (one thing is 3 times each week but she has none) .

Thanks for clearing that up I was so worried about waiting but I’m reassured now.