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Here you'll find advice from parents and teachers on special needs education.

How to implement ehcp in school which can't meet needs?

10 replies

246810k · 13/04/2024 03:46

Ds has ehcp. Current school can't meet needs and special school full though can meet needs when a place comes up (will be a while seperate story) how do I try and encourage the ms school to work the plan in the interim really? Send officer no longer replying to my emails

OP posts:
SalmonWellington · 13/04/2024 09:15

Does the EHCP come with money - i.e. 121 time, or therapy provision?

Headfirstintothewild · 13/04/2024 09:21

What provision can’t be provided? It is the LA with ultimate responsibility for ensuring it is provided. Is the provision detailed, specified and quantified in F? If so, remind the school and LA the EHCP is a legal document and the provision must be provided, and if it isn’t you will pursue enforcement action.

Don’t focus on funding. Focus on the provision detailed, specified and quantified in F. Then it must be provided and can be enforced. If the school required more funding from the LA to deliver this they need to approach the LA. Funding is not your concern.

You should also appeal because being ‘full’ is not enough of a reason on its own to refuse to name your preferred placement.

246810k · 13/04/2024 13:36

Ehcp has top funding but not quantified. Hence we're appealing and unfortunately yes the special school is fire capacity full. Absolutely no chance of a space there anytime soon but we are submitting an appeal with solicitors

OP posts:
Headfirstintothewild · 13/04/2024 14:47

If the EHCP is not detailed, specified and quantified, the provision does not have to be provided and you can’t enforce it, unfortunately.

Are any other schools a possibility? Have you looked at independents, NMSS and out of area?

246810k · 13/04/2024 16:10

Thank you. There are options in place for appealing and requesting further schools out of area but all of these options with be lengthy. Just really wondering what can be done while we are waiting as not going to be a quick outcome while we await tribunal date and assessments from independent experts

OP posts:
Headfirstintothewild · 13/04/2024 17:20

Unfortunately, if nothing is detailed, specified and quantified you can’t force the school to provide anything via the EHCP. The best endeavours duty still applies to the school, though.

You could ask if the school would fund some alternative provision but you can’t force them to.

DumplingTheCat · 13/04/2024 21:32

I think the OP means the funding isn’t quantified not the provision. The funding doesn’t need to be quantified. Nothing about funding needs to be in the EHCP. If there is detailed, quantified provision then you can enforce that. The process for enforcing it is here:

https://www.ipsea.org.uk/enforcing-your-ehc-plan-special-educational-provision-section-f

Enforcing your EHC plan: special educational provision (Section F)

Section F is where we see all of the special educational provision a child or young person requires, to meet the special educational needs set out in Section B of their EHC plan.

https://www.ipsea.org.uk/enforcing-your-ehc-plan-special-educational-provision-section-f

Headfirstintothewild · 13/04/2024 21:42

Maybe she did, but I took it as the provison wasn’t quantified. Can you clarify OP?

246810k · 15/04/2024 14:49

Sorry yes the funding is not quantified. Top banding but la states its up to school how used. Thank you for that link I'll take a look now

OP posts:
Headfirstintothewild · 15/04/2024 14:50

Is section F detailed, specified and quantified?

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