EHCP for toddler - will it ruin chance of getting into preferred school?

[Fargo79]

I can't see the wood for the trees and hoping someone can help please. Just completely overwhelmed with information and struggling to find the answers I need.

DD is 2 and almost certainly autistic. Global development delay and non-verbal. She has very clear support needs and so I've been researching the process of applying for an EHC assessment. However I've just seen that if an EHCP is issued, it will name her school, when she is approaching school age. Older siblings attend a school in the neighbouring county (we live near the border) and therefore under a different LA to our home address and to DD's current nursery. I would ideally like DD to attend the same school as her siblings. Is this going to throw a massive spanner in the works? Is it going to be an issue to have a school in a different LA named on the ECHP? To be honest, I'm very doubtful that we'll receive any meaningful or timely help via the nursery or LA (she is currently on waiting lists to be seen by the paediatrician and SALT but these are long), so have committed ourselves to training in ABA and plan to deliver tutoring ourselves with the support of a case manager. From this perspective, I'm wondering if we should just forget about the EHCP, continue with our current plan RE the ABA, get DD into our chosen primary school and then worry about an EHCP when she's there.

Can anyone offer any insight into our best course of action here please? I just don't know what to do for the best.

If a DC has an EHCP, the parent/carer requests the setting in Section I. Not the local authority.

Info is here: https://www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

The setting can be in another borough, again info here: https://www.specialneedsjungle.com/send-law-research/ehcps/can-my-child-attend-a-school-outside-my-local-area/

Both links detail the very limited legal reasons the LA can turn your request for a particular setting down (providing it isn't fully independent).

As you're no doubt discovering, getting diagnosis, support, an EHCP etc can take a very long time. In some cases years (if you have to go through appeals). There is a very real chance that if you start the EHCP process when your DD starts school, it could be a year or more before it's in place.

During that time, the setting may struggle to put the support in place that your DD needs.

Your DD is only 2 though and you do have a while to go. Her presentation at 2 may be very different to her presentation at 4. I would be gathering as much evidence as possible at this stage to demonstrate her level of need. Keep a diary.

A bit nearer the time, I would also meet with the Senco of the school her siblings attend. If your other DC don't have additional needs, it would be worth finding out how they support SEN kids. It may be that as she develops there could be a better setting for her. It would definitely be worth looking around.

As @Toomanyminifigs posted, with an EHCP you will get the opportunity to name your preferred school and there are limited reasons the LA can refuse to name your (non-wholly independent) preference.
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.
The school being in another area doesn’t change that.

The only way of ensuring DD receives the support she needs at nursery/school is via an EHCP. Many have to appeal, sometimes more than once, so I wouldn’t delay requesting an EHCNA. If you wait until reception to apply it could be Y2 before you have an adequate EHCP.

I asked this of my case worker (in my case in relation to high schools) and was told you get to choose, though the school can say they can't meet need. However if another mainstream can meet need it would be very hard for them to give reasons why they can't. The other thing to be aware of is if there is a closer school that can meet need, they're unlikely to grant transport but I assume that won't be an issue with your other children already there.

Personally I would get the EHCP process started as soon as possible. Your daughter’s needs may change as she gets older, but if she needs even more support you may find that the school your other children attend may not be suitable for her anyway. And most likely any other non-mainstream setting will need her to have an EHCP, so best to get the process started as soon as you can.

though the school can say they can't meet need.

They could object when consulted, but unless the LA the child lives in can prove the high bar for one of the exceptions in my pp the LA can, and must, name the school despite their objections. Transport refusal or only naming parental preference with the caveat parents won’t apply for transport can also be challenged.