EHCP named school decision

[Whoopsadaisy900]

My daughter's draft EHCP was given to us on the 19th of feb. At which time I named a Special Provision unit in a mainstream school. Shes almost 4 actually just got diagnosed with autism yesterday. So will be starting in September. On the 3rd of march we received the final EHCP.

So when will I find out if she has a place in that school? I'm stressing about it, because I'm just so worried she won't get in. I do know that the senco from that school visited her at nursery at the end of feb, but I still don't know either way, will I find out by better or email? I know it's probably different county to county but I'd really appreciate other peoples experiences on this please

[Headfirstintothewild]

If the EHCP has been finalised you should already know what placement has been named in section I. Email the Director of Children’s Services chasing them.

For some ARPs the mainstream school will be named in I, with the ARP included in F. 

[Whoopsadaisy900]

Consultations for September 2024 have been sent out and we will be in touch when we receive the responses.

^ that's what it says in the final EHCP letter, dosnt say she's definetly going there. This letter was received on 3/3/2024 so 15 days from then was yesterday

[Headfirstintothewild]

Email the Director of Children’s Services chasing them. They should have finalised September’s placement.

[Thisismynewusernamedoyoulikeit]

They're breaking the law. Placements should have been finalized by 15th February. They're relying on parents not knowing this. Contact the caseworker and director of Children's Services.

[Headfirstintothewild]

The 15th Feb phase transfer deadline only applies to existing EHCPs. This sounds like a new EHCP that hasn’t been issued for the first time until after that date. So all though the LA should have now named September’s placement, the 15th Feb deadline wouldn’t apply.

[Thisismynewusernamedoyoulikeit]

@Headfirstintothewild

The 15th Feb phase transfer deadline only applies to existing EHCPs. This sounds like a new EHCP that hasn’t been issued for the first time until after that date. So all though the LA should have now named September’s placement, the 15th Feb deadline wouldn’t apply.

Thanks. Good point and definitely correct!

Apologies - I don't know how to edit my post but please ignore.

[Headfirstintothewild]

Oh dear, my SPAG is dreadful. I really should proof read my posts.

[Whoopsadaisy900]

So is it likely she's missed the placements of provision places and won't get it?

[Headfirstintothewild]

The phase transfer deadline is just a deadline for existing EHCPs to be amended. It doesn’t mean new EHCPs won’t get their preferred placement and you will be able to appeal if DD doesn’t. 

There are limited circumstances the LA can refuse to name your preferred placement. The LA has to name your preferred placement (wholly independent schools excepted) 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 on its own isn’t enough of a reason. The LA has to prove the school is so full admitting DD is incompatible. The bar for that is higher than many schools and LAs claim. Although obviously there is a point where LAs can do this and that point is more likely after the initial entry point. It less likely with preschool DC than older DC (when more DC have EHCPs - there will be lots of preschool DC who are going through the EHCP process but whose EHCP hasn’t been finalised yet). Try not to worry about that particular point.

[Whoopsadaisy900]

Just spoke to her case worker on the phone and apparently the local authority have decided at panel that she can go to mainstream school, my daughter is 4 in May, diagnosed with autism and has the understanding and communication ability of an 18 month old.. her EHCP states 1:1 class of 5-10 students and apparently the school we named have said they can meet her needs but don't have space. And they're awaiting a response from another mainstream school, but I said to woman on the phone, that school won't be able to have her in a class of 5-10 it's a 1 class per year group school for starters

[Headfirstintothewild]

Appeal. Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake or just get the certificate.

her EHCP states 1:1 class of 5-10 students… I said to woman on the phone, that school won't be able to have her in a class of 5-10 it's a 1 class per year group school

What is the wording like in F? Is the class of 5-10 actually detailed, specified and quantified or is it vague and woolly? Same for 1:1? You may find the class of 5-10 can’t actually be enforced. So MS can in fact meet needs on paper (even if in reality they can’t).

[MarthaJonesPhone]

Out of interest, when you appeal do you have to submit more information or are you just literally sending in a certificate to appeal?

[Phineyj]

I sent a summary of the information we already had and a scan of all the reports. I used the guidance on the IPSEA website to decide what to include.

(I haven't done a school placement appeal though).

But what SENDIST are weighing up is whether the council made a legal decision, so you need to provide as much evidence as you can that your child a) does have SEN and b) needs provision for it at school.

[Headfirstintothewild]

You send the SEND35 form (or 35a for refusal to assess appeals), the LA letter giving the right of appeal, the mediation certificate (not needed if only appealing section I, but you should appeal B&F as well because I is the logical conclusion of B&F and B&F will be written in a way to support the placement the LA has named in I), any evidence you have (but you will be able to send extra later if you want/need to) and the EHCP (unless a refusal to assess or issue appeal).

[MarthaJonesPhone]

Thank you

[Whoopsadaisy900]

• Teaching arrangements, classroom organisation and support for (child) should incorporate those
that are suitable for pupils with Communication and Interaction difficulties, Cognition and
Learning needs, Social, Emotional and Mental Health needs, Sensory and/or Physical needs
and Independence needs including:
o Daily structured language intervention
o Regular Intensive Interaction
o Smaller class sizes to ensure that her learning environment is meeting her needs and to
deliver a bespoke learning curriculum.
o Full time key worker with whom she can develop sufficient trust to be able to
communicate a need for support.
o 1:1 support to attend to an adult-directed activity.
o Quiet, safe space to calm whilst in an educational setting when she is distressed or
shown a heightened emotional response.
• Provision will be undertaken by an adult in setting and overseen by a qualified teacher and/or
SENCo unless otherwise stated. The adult will be Level 2 trained or above.
• All of (child's) programmes will have clear objectives, which are well recorded, monitored and
evaluated with the setting of new objectives as appropriate.
• There will be close liaison between the educational setting and home.
• The support for (child) may be provided flexibly (individually, in small groups and in the
classroom) as appropriate.
• The support for (child) should not be unduly intrusive and should not result in over-reliance and
she should be encouraged to work increasingly independently.
• Consideration should be given to particular arrangements for Assessment at the end of Key
stages of the National Curriculum.
• There are no recommendations for any modifications or exclusions to the National Curriculum.
However, (child's) Head Teacher will monitor this and recommend any change, if it is required.




it says 5-10 in another section which I can find. I've just changed her name to (child) for lathe purpose of mums net

[Headfirstintothewild]

 it says 5-10 in another section It must be in F. If it is not detailed, specified and quantified in F it is not enforceable.

Unfortunately, what you have posted isn’t as detailed, specified and quantified as it needs to be. To give you some examples of what I mean - how long is the “daily structured language intervention” 2 mins or 30? What does it include? How often is “regular”, how long are the sessions? What is “smaller class size”? What is the “bespoke learning curriculum”? “As appropriate” needs removing. “flexibly (individually, in small groups and in the classroom)” may mean DD doesn’t receive anything other than in the classroom, what is “small group”. What is “close liaison”? What “programmes”? What “adult” - the cleaner? “Full time key worker” does not mean 1:1, who is the key worker? …

[Whoopsadaisy900]

I went back and locked and yes the 5-10 things is in section F

[Whoopsadaisy900]

Ahh I feel like I've let me daughter down because I'm ok'd this plan 😩 i didn't fully understand the wording and because I knew there were limited spaces in the school we wanted I just accepted it and named the school, and now it seems she won't even get that school and she will be stuck with less than she deserves in terms of this EHCP

[Headfirstintothewild]

You can appeal. What are the reports like? This isn’t your fault. The LA could still have finalised as is even if you made requested amendments.

Is the 5-10 wording woolly or vague in any way?

[Whoopsadaisy900]

(child) requires smaller class sizes (5-10 students) to ensure that
her learning environment is meeting her needs and to deliver a
bespoke learning curriculum. The class requires higher than
usual ratio of adults, with additional resources to support
children with considerable, language and social communication
needs. She will need a bespoke learning curriculum which is
individually created to meet her needs. This provision will need
to be carefully and regularly reviewed (annually) by all adults
considering any developments to (child's) needs.

[Headfirstintothewild]

Definitely appeal. While 5-10 is quantified and it isn’t the worst out there, it could be less woolly. For example, what is a “higher than usual ratio of adults”? That could just be a class TA or parent volunteer in addition to the class teacher. It also doesn’t say DD must have additional/higher than average support, only that the class will have a higher ratio. “Additional resources”, what resources? It also doesn’t say DD must have these, only that the class will. What is the bespoke learning curriculum? Who is developing it and who is delivering it? “Adults”, what adults?