EHCP outcome due Mid April- can I move primary schools

[airhostess]

Hello, DC primary school isn’t working out both school and LA meeting agreed to start looking at EOTAS during meeting. We don’t want that path and clarified instead found an Independent Mainstream and want to move. Updated LA.

So, question is if I were to move DS are the LA likely to fund if EHCP agreed? DS is too academic for speciality schools that have contracts with LA.

I think you'll have to get the EHCP and then appeal for the school you want.

Moving DS now is risky. There’s no guarantee the LA will agree to issue. Even if they do, they may not name the independent school. They may force you to appeal.

When you say the SS that have contracts with the LA, what do you mean? Schools the LA doesn’t already fund for other pupils can be named.

In order for the wholly independent school to be named you need an offer of a place (do you have this?) and to prove the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure. Just because the LA has said they agree to start looking at EOTAS doesn’t mean they won’t put a school on the table if you start talking about independent schools, so you may still have to prove the former.

EOTAS is only legally possible if it is inappropriate for provision to be made in a school.

During the EHCPNA both LA and school advised looking for alternative provision. School spoke to LA after and it was clarified that EHCP needs to be agreed before EOTAS. We have decided not to pursue EOTAS and advised LA.

I won’t move before EHCP outcome but don’t want to leave it much longer as current setting isn’t working out.

Ive advised LA of the school I want. The paperwork I was advised has not been written up and this will be included. DC was offered a place but we didn’t take it up, DC would need a new offer as now has diagnosis.

If I moved can I still pursue appeal if they named a school?

Yes, you would still be able to appeal.

Alternative provision can be put in place without an EHCP. If DS is unable to attend school full-time, the LA has a duty under section 19 of the Education Act 1996 to ensure DS receives a suitable full-time education. This does not require an EHCP. Do not take advice from the LA. They will tell you what they want you to know and their version of the law, not what is true.

You should speak to the school again.

When/if a draft EHCP is sent to you, you will get the chance to state your preferred school.

Not sure what you mean by The paperwork I was advised has not been written up and this will be included, sorry.