Some questions regarding Specialist provision

[Constanting7568]

Hi all

My son is 7. He has been diagnosed with ASD and Learning Disabilities. He is completely non verbal and needs constant supervision.

We are currently awaiting a response to see if the school that the Panel suggests will be suitable, can meet DS's needs. We were told the Headteacher has 15 days to respond, however it has now been longer than that and despite chasing we haven't had a reply back.

We have been asking what the process is to get Transport for DS if he is accepted into the school but haven't had a reply. We live 4.2 miles away. Would DS definitely qualify for Transport?

How would this work? Would he have his 1:1 come along and collect him? Is it usually a taxi?

Also, in the letter we received we were told that if the Headteacher raises no issues then the school will be named on the EHCP with a start date. I was under the impression (as we were told previously) that this process can take years, but from the letter it seems it could be in the near future, is this normal? I thought there would be a huge waiting list so was surprised to see they'd put a start date on the EHCP

With EHCPs, waiting lists don’t exist in the same way they do for normal admissions to mainstream schools. This is a myth LAs like to perpetuate to string parents along.

If your preferred school is not wholly independent, the LA must name it 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.
The bar to prove one of these is higher than many LAs and schools admit. If the LA can’t prove one of these, the LA can and must name the school even if the school objects.

Once the school is named, they must admit.

The LA may refuse to name your preferred school. In which case, you would then be able to appeal.

You only need an offer of a place if the school is wholly independent (is it?).

Is this a new EHCP or following an AR? Is the LA sticking to the timescales?

If the school is named in the EHCP, you can request transport. If the LA refuses, you can challenge the decision. If the LA finalises with a sentence in section I saying it is parental preference and a different school can in the LA’s opinion meet needs, then you should appeal the EHCP.

Sometimes transport is a taxi, sometimes a minibus, sometimes a bus. Transport can include an escort if it is necessary. It is highly unlikely to be the 1:1 from school, though.

@StrivingForSleep Thank you so much for all the information you have provided in your reply. I really appreciate it. I will have made a note of everything you mentioned

This is following an AR. At this moment in time it doesn't seem the timescales are being met as we were supposed to hear back last week and were told the Headteacher hasn't responded. We were told if no concerns were raised then the school will be named on the EHCP

In regards to the Transport, once we request it, is it normally arranged and sorted by the time the child joins the school or is there a wait? Also do we request this from the EHC Plan coordinator? (This is the person who has been emailing us regarding everything)

Transport is via the transport team rather than the caseworker. Although sometimes the caseworker tells parents they will send a request. If that happens in your case, it is a good idea to follow it up yourself so you know for certain it has been done. There is sometimes a gap between the start of the placement and the start of transport.

The LA must finalise the EHCP within 8 weeks of informing you they are going to amend/sending the proposed amendments, so this should be within 12 weeks of the AR meeting. If the LA has breached this deadline, IPSEA has a model letter you can use.

@StrivingForSleep you have been so helpful. Thank you very much for taking the time to reply and answering my questions. We will keep an eye on how long it takes and if it gets to 12 weeks, we will be using the model letter. Thank you once again

@StrivingForSleep we got an email back saying that the school would not be able to accomodate ds as they do not have a place at the moment. The EHC coordinator said that Specialist placement officers will keep track of it and when a place becomes available they will let us know

In the meantime she is reaching out to out of county schools as well as independent schools. She hasn't stated which schools specifically. Are there any down sides to independent schools? Are we allowed to refuse and choose to wait for the school they intially reached out to?

From your posts I assume your preference is not wholly independent, so, on its own, not having a place isn’t enough of reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible with the efficient use of resource or efficient education of others. This bar is higher than many LAs and schools admit. However, that doesn’t stop LAs refusing and forcing parents to appeal.

If the LA finalises and names a placement that isn’t your preferred placement, you should appeal.

The LA doesn’t need you to agree in order to name a school. Although naming a school doesn’t automatically enroll DC either.

Thank you for all the information@StrivingForSleep we will keep all of this in mind. Really appreciate it