Withdrawing from EHCP process at draft

[pyewatchet]

Might seem like a strange idea, given how difficult they are to get, but ...

LA have agreed to issue a plan with mainstream provision, currently in draft. Completely inappropriate for DD, the only thing that would work for her is EOTAS although I am quite aware that's very hard.

DD is 15 (yr10) and still on roll at her mainstream but education has been provided by local hospital school where we are finally, after 12 month, making progress via this provision, although very small steps.

Entirely my own fault, but I had not realised the hospital school are obliged to withdraw as soon as the final EHCP is issued.

If she were younger, I would be more inclined to go hard for appeal and EOTAS but she only has 16 months before the end of yr11. Might be entirely unrealistic but is it possible to withdrawn from the EHCP process now so that she remains with her mainstream and therefore with the hospital school tutoring? Obvioulsy I'd have to get her mainstream and hospital school to agree ...

I've tried googling but can only find references to the LA withdrawing the EHCP.

Entirely my own fault, but I had not realised the hospital school are obliged to withdraw as soon as the final EHCP is issued.

It is not your fault. This is local policy, not law. Section 19 provision still applies to pupils with EHCPs and that provision can be provided via hospital schooling.

EHCPs can last until 25, or 26 in some circumstances, so it is worth appealing. If DD is not attending school full time the hearing can be expedited. Don’t be put off by people saying you won’t get EOTAS/it is difficult. You may have to appeal, but it is more than possible to secure it if it is inappropriate for the provision to be made in a school. The number of DC with EOTAS is growing rapidly.

At this point, the LA doesn’t need your agreement to finalise and if they follow the law can only refuse to issue if an EHCP isn’t necessary. Then they can only cease it in certain situations, you not wanting it isn’t one of those reasons. Even if you could get the LA to agree not to finalise you risk them withdrawing the medical needs tuition.

BTW, if you are at the draft stage section I should be blank. It must not name a placement or type of placement. You can state your preferred placement or preference for EOTAS.

Thanks for that. I had read that hospital school could be covered by EOTAS but if the LA wants mainstream, I'm worried HS would withdraw until we got through appeal. Continuity of provision feels really important for DD, she's at a very fragile stage with regard to education

You can state your preferred placement even if the LA is indicating it will name MS. The LA may go on to name mainstream in the finalised EHCP but you can appeal. If DD can’t attend school whilst appealing s.19 provison still applies and the hearing can be expedited.

Even if the EHCP isn’t finalised, the LA may withdraw medical needs tuition if you are saying an EHCP isn’t required (with the implication being DD can attend mainstream without SEP being made via an EHCP).

Some hospital schools are registered schools in their own right so can be named in I either on their own, alongside a dual placement, or named in I on its own but with some provision taking there and some taking place otherwise than at school.