@AlphabettySpaghettii section I of draft must be blank. It must never state a placement or type of placement.
The LA has to give you at least 15 days to respond to the draft. The content of EHCPs is based on the evidence, so your starting point is looking at the evidence.
Go through all the reports with highlighters. Highlight all DS’s special educational needs in one colour and all the provision to meet the needs in another colour. Each need should have corresponding provision.
Then go through the draft and make sure all the highlighted needs are in B and the highlighted provision is in F.
Make a note of anything the LA has omitted from the draft, any needs without corresponding provision, any woolly and vague wording, anything the reports have failed to include, and any reports the LA has failed to include.
When you go through F, look out for vague and woolly wording. For example, “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”. Provision must be detailed, specified and quantified, otherwise the EHCP isn’t worth the paper it is written on and cannot be enforced.
When you find vague and woolly wording, check the reports to see if they are woolly and vague or whether the LA has watered down provision. If the reports are vague and woolly, ask the LA to go back to the report writers to make the reports detailed, specified and quantified. If the LA has watered down provision, request the LA stick to the wording in the reports.
Are you sure the report states ‘constant 1:1’? Unfortunately, "will not be able to make his needs known in a mainstream classroom without support from appropriately trained staff who know him well" and "he will not be able to independently follow instructions within a classroom environment" doesn’t mean 1:1 will be provided. It is far too vague and woolly - e.g. what support and when/how often/ratio, what training, what staff…
Also make sure any health or social care provision that educates or trains is in F. For example, LAs like to put things like SALT, OT, physio, etc. in G (health care provision) when it belongs in F.
Don’t read too much into the term parental preference. You have the right to request placements that are not wholly independent. The LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs 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.
When you say specialist unit, do you mean a unit that is part of a mainstream school? For most units, the mainstream school it is part of is named in section I and the provision provided by the unit included in F. This is because most units are not separate registered establishments.
You can’t demand 1:1 or a specific placement. The LA doesn’t need your agreement to finalise the EHCP. Once finalised, if you disagree with the EHCP, you will be able to appeal.
Once a school is named, they must admit. If they try to refuse, they can be forced.
If you want DS to attend, he can unless the school formally suspend. Don’t worry if they do suspend. A formal suspension rather than an unlawful informal exclusion it will a) provide you with evidence of unmet needs, b) force the school to follow due process, c) limit the number of days the school can suspend for, d) allow you to challenge any suspension, and e) ensure DS receives alternative provision once he has reached that threshold.
It will help you to read the school suspension and exclusion guidance here.
Some bits you particularly might find helpful are:
“19. Suspending a pupil for a short period of time, such as half a day, is permissible but the formal suspension process must still be followed. Each disciplinary suspension and permanent exclusion must be confirmed to the parents in writing with notice of the reasons for the suspension or permanent exclusion.”
Also of interest may be:
“20. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet…An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.”
And
“30. A part-time timetable should not be used to manage a pupil’s behaviour”
Alternatively, if DS can’t attend school full-time, you can request alternative provision. On their website, IPSEA has a model letter you can use.
You can also ask for a wholly independent placement via the EHCP, but the rules are different.
@LittlePickleHead the appeal ticks along as normal. It isn’t guaranteed that SENDIST will agree to name the school, already attending or not. Sometimes the school provides evidence to support them being named, sometimes the school doesn’t.
A pre-action letter can cover failure to provide s19 provision.