No school named on EHC plan

[PuzzledParent]

Hi,

Apologies for the long post. Hoping someone would be kind enough to advise on the below.

Our boy is due to start secondary school in September and we have received his final EHC plan with only a type of school named.

On the draft plan and the parents preference form we (maybe stupidly) named three schools as we were unsure as to what the threshold was. At this time we ticked the box to discuss this further with the LA due to the uncertainty. We never received any further correspondence on this until we received a letter advising the choice listed first was rejected due to inefficient use of resources reasoning. Over the past three months we have made it clear to the LA that we would like to have the school listed second named on the EHC plan (we ultimately would have named the school first but we're unable to view the school until a week after our pretence submission) The LA have repeatedly told us that consultations with the school were ongoing as recently as January and they had not received an answer from the second school, despite me advising that the school should have replied within 15 days.

I called the second school last week and was informed they had rejected us in December and sent the letter confirming this.

I complained to the LA that they were not transparent with the consultation process and have not discussed the matter with us as requested on the phased transfer parent form and set out multiple reasons why we wished the school to be named on the EHC plan.

Despite this we have received the plan today with no school named, only the type of school.

Do we have any grounds for appealing or have we messed up by naming more than one school.

They are currently consulting with three schools which are 31, 49 and 68 miles away. Our child will not take provided transport and finds travel difficult so this just seems completely unreasonable to consult these schools when there is a fantastic school 13 miles away that we wish for him to go to.

Appeal. Appeal B&F as well as I. Don’t bother actively partaking in mediation. Get the certificate and submit to SENDIST. If the LA is going to concede they will do so whether you partake in mediation or just get the certificate. Do this ASAP because the number of appeal with rocket over the coming weeks.

Unless your preferred school is wholly independent (is it?) the LA must name it 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.

If the school is not wholly independent, unless the LA can prove one of the above the LA can, and must, name the school even if the school objects. Sadly, as you have found, the LA often ignores this and forces parents to appeal.

Do you have evidence DS finds travel distressing/overwhelming?

Ask the LA how they intend to deliver the provision in F.

Thanks so much for the speedy reply.

I will request a certificate first thing tomorrow and get the ball rolling.

The school is a community special school.

It's really hard to evidence the distressing/overwhelming aspect. He already travels 19 miles to his current school (we are in Northants and his current school is Warwickshire) and have been doing the journey for four years. But he will start hitting himself and headbutting if he has to go in a car with anyone but his mum and myself, the same if either of us are late picking him up which it's obviously easier be late if you're going much further distances, this then continues for the journey home. The school are aware of this so the only evidence would be from them. He also takes sickness tablets on trips out with the school, so again they can evidence that.

In regards to sections B&F, I've read this a lot on numerous posts but I'm confused as to what exactly we are challenging within these sections.

Just to add, the school we have chosen is in bucks so also out of county (but still happens to be the closest school as we are 1 mile outside the bucks border) In their letter they advised they have refused our son on the basis that they are over subscribed and that he 'may' not have a peer group as he 'may' be of higher cognitive ability but they aren't willing to find out as again they have no room so it wouldn't be worthwhile.

They've then in a somewhat threatening tone advised northants LA that if they do name him on the EHC plan then they would be responsible for building a whole new classroom and paying for extra teachers and support etc. we completely disagreed with all aspects of this letter l, from viewing the school it would be a perfect fit. So I'm assuming the LA have to fully provide reasons why 'the attendance of the child or young person would be incompatible with the provision of efficient education for others (I assume this will be the reason) and they just can't use the letter from the school.

Sorry, its probably a silly question but the more you read, the blurrier things become at the moment.

Thanks again for your reply

Being out of county doesn’t change the rules I mentioned in my pp. You can still appeal and the school can still be named. On its own being ‘full’ is not enough of a reason to not name your preference. The LA has to prove the school is so full admitting DS is incompatible. This is a far higher bar than many LA’s admit to. Ask some of questions in here. Think about whether you need independent reports. If you do and aren’t eligible for legal aid Parents in Need can sometimes help.

B&F will be written in a way to support the placement the LA has named (or not in your case) in I. Think about why your preferred school is your preferred school. Unless B&F were written following tribunal they will be able to be improved. All special educational needs must be in B. Every need in B must have corresponding provision in F that is detailed, specified and quantified in F, no woolly wording. Difficult to say exactly what without knowing more.

Get evidence from the school in writing about the difficulties travelling. GP too if you have mentioned travel sickness. Has it ever been mentioned to an EP, OT or clinical psychologist?

Hi I have appealed sections b.f and I and my appeal is in July. I am really angry with the LA’s way of dealing with my child's ehcp plan. They had received an offer from my chosen school - i picked special school back in January but la refused to name my choice of school in my child's ehcp instead they put mainstream. When I asked which legal test have they used to dislodge my choice they refused to answer forcing me to appeal.
Once I appealed I was told that I need to sort b and f and they have gone back to my chosen school to re consult in June. I now believe that all places have gone and they will apply legal test which says that taking my child will impact on the education of other kids. I am really angry , they are now requesting a witness statement from my chosen special school as further evidence for court. Does that mean that the places have gone and my child can not get a place.

@Newmember41 schools providing witness statements is common. It does not necessarily mean Tribunal won’t name your preferred placement. Is the school wholly independent? Presumably not since you mention incompatibility with the efficient education of others, so an offer of a place isn’t required. The school can be named even if they object. On its own, being ‘full’, which isn’t defined in law, is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DC is incompatible. There is a point where LAs can prove this, but it is a higher bar than many LAs admit. They have to actually prove the incompatibility rather than just claiming it is, and it is a higher bar than an “adverse effect”, “impact on” or “prejudicial to”.

Hi thanks for your response . I have got a place for my daughter at my chosen school. The La conceded prior to the Tribunal court date. The maintained special school contacted me to complete paperwork and buy uniform.

Brilliant news