ECHP School Placement naming

[zoeybrooks45]

Please I need further clarification regarding naming a school on plan

• 3 year old already attending mainstream nursery
• ECHP agreed to issue, I can now name a setting in section I
• I want to name a special setting after speaking to school they state they are full for September nursery admission
• my plan will be for my child will continue in his current setting and move over for reception start
• can the LA not name the school on the plan while my child wait for a space and instead offer to name the nursery as that is where my child will attend
• I do NOT want to name the nursery or an alternative placement on the plan
• what is the process going forward?
• after speaking with the school they state the intake would be for sept 2025 and I would name the school on the plan and wait for next year when they will contact me.

When you get the draft you can state your preferred placement. Unless the school is wholly independent (is it?) 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.

Being full is not enough of a reason to refuse admission. The LA has to prove the school is so full placing DS there is incompatible with the provision of efficient education for others or the efficient use of resources. This is a higher bar than many LAs and schools admit.

Once the LA has finalised the EHCP, if they do not name your preferred school you should appeal.

my plan will be for my child will continue in his current setting and move over for reception start
I do NOT want to name the nursery or an alternative placement on the plan

Both these can’t be true. If DS is to attend the nursery until Sept 2025 it must be named in I. Yes, the LA can do this.

In the autumn term of this year you will have a phase transfer review. During this process you can state your preferred school for reception in Sept 2025. The placement for Sept 2025 will then be finalised by 15th Feb 2025. The LA could, in theory, now name a placement for Sept 2025 alongside a placement for now. However, the EHCP will be reviewed before Sept 2025 so could be amended.

Thank you getting back to me and clarifying.

-it’s a state special school

• I do not want child without a place as I am working but I would have wanted a nursery admission at SS

• so what do you advise should I state the special school regardless of its full capacity. And appeal if LA refuse

• I do not want to pull my child out of nursery. It is unsuitable in the sense they will not be able to meet the details set out in the plan. I am unsure if nursery were to refuse placement as LA are liaising with them.
• the plan is quantified and detailed throughout. It’s just the placement which states they are full but to still name the SS in the plan.

Yes, state the special school is your preferred placement and appeal if the LA finalise naming another placement.

Are you 100% sure the EHCP is detailed, specified and quantified? Initial drafts often include vague and woolly wording such as “access to”, “would benefit from”, “regular”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “such as”, “e.g.”, “etc.”, “as required”, “as advised”, “key adult(s)”, “small group”… or miss out needs/provision required.

Is the nursery a private nursery or a state nursery?

It’s a private nursery. There is a lot of 1-1 and specific professional listed on the plan. SALT quantified. OT quantified. Support state times in the day and who should be present. However things like a sensory circuit would not be in the setting he attends now. But if I do appeal I will probably appeal the other sections and seek further independent reports. Any changes I want to make to the draft, would I just list and send back to LA? Do you any template recommendations. Thank you for your help.

Also please can you advise with personal budget and how that works. Because I can see the section on the plan but was not informed.

Sensory circuits can be provided in mainstream.

Yes, request any changes you would like and the supporting evidence for that. Do check carefully because it is very unusual for an initial draft to be completely detailed, specified and quantified. IPSEA has a model letter you can use to respond to the draft.

Are the therapies in F? LAs often like to put them in G, but they belong in F.

A personal budget is the overall notional budget necessary to deliver the provision in the EHCP when it has parental involvement in some way (even if they aren’t directly involved e.g. by having direct payments). The personal budget can be funded via direct payments (whereby parents are given monies to organise provision themself), via LA or school controlled funds where they commission support directly, via third party arrangements (where a third party is given the funds to manage on the child/parents’ behalf), or a mixture of the above. You can read more in 9.95 of the SENCOP.

The therapy is in F, however when reading over section G there is no one listed. It states to access “universal health services”. Should there not be somebody listed?

If the therapies are in F they don’t also need to be in G. Does DS need other provision in G? That will depend on his needs.