EHCP. Consulting an Indy Specialist School. How does it work

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DS11 has an EHCP in draft stage and we’ve been asked if we want the school for September which gave a place via the normal admissions process.

We don’t. DS is very academic but has huge anxiety and is a chronic non attender. He needs a SEN school.

There are two “suitable” SEN schools in our area.

School 1:

LA funded school.
Caters to ASD (DS diagnosis) and other needs.
Caters to academically able students and offers GCSEs.
It also caters for DC with learning difficulties.
It’s right on our doorstep and in our county.
No transport required as I will drive DS.
It offers extra curricular.
Has a negative reputation amongst other parents.

School 2:

Fully independent SEN school (not section 41)
Has smaller class sizes than School 1.
Caters specifically to ASD.
Caters to academically able students and offers GCSEs.
Offers other smaller academic opportunities.
It also caters for DC with learning difficulties.
It’s in our county but much further across town.
No transport required as I will drive DS.
It offers extra curricular.
Has a great reputation amongst other parents.

We want school 2. However, it’s almost full. Do we have a chance?

For wholly independent schools you will need to prove the LA’s proposed school(s) can’t meet DS’s needs &/or it isn’t unreasonable public expenditure. Do you have evidence a) mainstream isn’t suitable, and b) the LA’s SS can’t meet DS’s needs but the independent can? What are B&F like? For example, if school 1 has a class size of say 8 and school 2 has a class size of 4-6 does F include a maximum class size of 6? You may find you have to appeal.

Have you spoken to the independent school? If it is only nearly full they may still offer a place.

No transport required as I will drive DS.

Even if you will drive DS, you can still receive mileage.

@BrumToTheRescue The LA have agreed the mainstream is unlikely to be appropriate and have agreed to consider our request for special needs school.

Section F says small class sizes required with a maximum of 10 DC. There’s nothing else really supporting a sen school.

The LA sen school has class sizes of up to 10.

The independent school we want, has a maximum class size of 8. Will this be something the LA can use to name their own school?

On the surface, there’s no major differences between what can be offered other than a small difference in class sizes.

Will mileage payment costs also be considered?

The LA have agreed the mainstream is unlikely to be appropriate

Do you have this in writing?

You need evidence the LAs school can’t meet DS’s needs. Evidence DS needs a maximum class size of 8 could contribute to this. There will most likely be other differences too if you look closely.

Transport costs, including mileage, can be taken into account when calculating costs. If transport to school 2 would tip the scales from the school not being unreasonable public expenditure to being unreasonable public expenditure the school may still be named if you agree to intake transport without mileage.

The only way I can see you having a chance of getting school 2 is if you get a private EP assessment. The EP would need to be of the opinion that DS needs a max class size of 8. Without this you don’t sound like you have a chance. A private SALT report saying similar would add to your case. The SALT and OT reports might also specify that he needs weekly SALT and OT and that he needs to be at a school which has in house SALt and OT provision so that it can be timetabled for when it is most appropriate for him.

They do consider transport costs but sometimes, if there is no significant difference between the cost of two placements will agree to name the school that has higher transport costs if the parent agrees to fund it/provide the transport. The difference in transport costs is probably going to be pretty small compared to the difference in the cost of the two placements though. We had, for example, a state school placement which was purported to be less than a third of the cost of the (section 41) independent placement.

Have you got an offer from the independent school?