EHCP named settings refused DD

[SENinittogetherx]

My daughter is due to transition to secondary. She has been offered a place at our preferred choice through normal channels back in March . Since the offering of a place she has had her EHCP finalised. We have named the same school as our preferred choice on the EHCP however the setting has now said to the LA that they cannot meet her needs. She has attended mainstream primary and due to her been so quiet it has taken until this point for her need for an EHCP to be known, she is very well behaved in school but acamically low and asd. Can / will the school be able to stop her going? x

Do you mean you have stated the school is your preferred school but it isn’t named in a finalised EHCP?

The LA must named your preferred placement 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.
If the LA can’t prove one of these they must name your preferred placement even if the school objects. However, the LA may refuse and force you to appeal.

If the school is named in section I of an EHCP it must admit.

Hi thanks for replying. No, so we have a place allocated (she is transitioning for primary to secondary) through normal channels. We have since got an ehcp agreed . The new school have read the ehcp and said they can't meet her needs. She is stated on ehcp as mainstream setting. The LA have agreed to still name the school on her EHCP. My question is can the school not refuse her a place? She has no physical disabilities nor any behaviour concerns. She asd, very placid, but low academically and dyslexic

The LA have agreed to still name the school on her EHCP.

If this is the case, and it's a MS state school, then my understanding is that the school has to admit her. I think there are very limited circumstances under which the school can challenge it, but I'll let those more expert than I confirm.

We were in a similar position, where the state MS school we'd been allocated through the normal secondary admissions process said they couldn't meet needs after seeing the draft EHCP. We could appeal it and would probably win, but there's another school we prefer, so we are aiming for that.

If the school is named in a finalised EHCP, they must admit even if they objected to being named when consulted.

The school could look at judicial review if they believed the decision was unlawful. The school could approach the Secretary of State. These are unlikely to happen.

The fact the school was the school you were offered a place at via the normal admission procedures is irrelevant if there is now a finalised EHCP.

Thank you for replying. From what we have seen so far we are confident the school can meet needs. Her SEND case worker believes they may just pushing for more funding, she is lowest banding for EHCP so although the school will get funding it won't be a vast amount. I feel a little better knowing its not a case of the school saying they can't meet needs and suddenly she can no longer go, it sounds like they have to at least try

Can you get an Educational Psychologist to see your DD and see the setting? If they say the setting is suitable to meet her SEND that can be persuasive.

Personally, unless money is plentiful, I wouldn’t seek an independent EP assessment at this stage if the school is named in section I of the EHCP unless you are going to appeal the content anyway. Save your money in case you need independent assessments for an appeal at a later date.

Yep. If the school is named they will take her even if they can’t meet her needs.