Sixth form entry with EHCP

[MrsMartinRohde]

My year 11 son (ASD, ADHD) wants to stay on and go to the sixth form at the school he's been at since year 7. He has an EHCP and they have always met his needs pretty much. At this last annual review, all the expensive therapies were ceased (OT, SaLT) because it was felt no further progress could be made (it wasn't that he'd met all the targets but that it was beating a dead horse). So there's really not a lot left in it over and above what most students need.

I requested that this sixth form (along with a few others) be consulted for his upcoming phase transfer and have just heard that his current school says they cannot meet his needs going forward. I am very confused because there was no suggestion of this at the AR; to the contrary, the senco seemed delighted that my son wanted to do A levels as she considers him to be too academic to go to a local college. It was always my understanding that my son would have to meet the usual entry requirements (which are steep) and it is very possible he would miss them, in which case he would hope to get into an alternative sixth form with slightly less demanding requirements (which has been consulted and can meet need per EHCP). I am worried that this statement by his current school that they can't meet needs means it's off the table, even though he may reach the grade requirements in August.

I tried calling the senco this afternoon and got no reply, obvs I will try tomorrow. I don't know what to do. I feel like the EHCP is the barrier rather than it helping to remove barriers. I'm not asking for him to be given a place if he doesn't meet the academic requirements, just to be treated like all the other students. This sixth form says it guarantees a place for current year 11 students who meet the admission criteria. Has anyone had to deal with this sort of thing? Has anyone managed to get their child's plan ceased? I honestly don't think there is enough in it to make it worth keeping any longer. It is all the worse because my son has hated having it and has said for five year it's ruined his life. He hates being different and any extra attention to the point where it was actually detrimental to his wellbeing and I had to ask for TAs to back off.

The LA can only lawfully cease to maintain the EHCP if they are no longer responsible for DS &/or it is no longer necessary to maintain. Neither of those sound like they apply. Personally, I wouldn’t look to cease to maintain - this may well be particularly important post 16 and especially post 18/19.

As long as the school isn’t wholly independent, if the school is your/DS’s preference, the LA must name your preference unless:
-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.
And the school can be named even if they object. Some LAs will try to use the first reason when it looks like DC won’t/don’t meet the criteria set out in the oversubscription policy for those without EHCPs. However, if the LA doesn’t name your/DS’s preference, you can challenge this via appeal.

If he has been there for 5 years then presuming they have been meeting his needs. So on what grounds are they saying they can't meet his needs for A level?