EHCP out of area mainstream

[ThatSpoonyCyanGuide]

Our year 4 (9) daughter has an EHCP. We live in London.
We have started considering secondary schools. She is currently in a large state primary but has a lot of scaffolding and finds break times with large numbers of children around really difficult (and will avoid the playgrounds).

She is bright but has a spikey profile. We'd like to keep her in mainstream if possible as non of ths specialist schools offer full curriculum which would frustrate her, and in any case, I suspect those spaces would be needed by others who's needs they could better meet.

We have come across 2 schools in neighbouring boroughs which she liked. They are smaller than many of our local secondaries, have good SEND reputations, and strengths that align with our daughter's spikey profile strengths. They have religious entry requirements however, which we would not meet, as well as banding assessments.

Would they decline an EHCP based on not meeting the religious entry requirements (they have a few non religious spaces but I assume you have to live on their doorstep)? Would she have to sit the banding exam (she would be happy to do that)? Can our LA insist she goes to a school within our borough (we're on the edge of our borough so the other schools are actually easier to get to than some schools within our borough)

With an EHCP, a school can be named even if you aren’t that religion &/or don’t live on the school’s doorstep.

EHCP admissions are outside the normal admission process so naming the school isn’t reliant on sitting the banding test. Although some school still ask DC to sit it (but if they are named they can’t refuse admission if DC doesn’t).

As long as your preferred school is not wholly independent, your LA must name your preferred school unless your 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.
However, your LA could name a school that isn’t your preference and force you to appeal. And naming a school doesn’t mean DD has to attend - you could e.g. electively home educate or make your own arrangements at an independent school.

That is really helpful- thank you, and thank you for taking the time to reply so comprehensively.

Both are hugely oversubscribed schools and only accepted 3 or so EHCP places this year which made me wonder if there are additional hoops.

Happy to fight our LA on this (although, surprisingly, they granted the EHCP last year without any challenge at all, which was surprising, although we have lot of external services providing scaffolding which I do have to keep fighting for)

Hi OP, just to say that we did this (named a mainstream in a neighbouring Borough). No religious element, but as @StrivingForSleep says, that's not relevant to EHCP anyway.

Our LA "exports" 20% of its EHCP kids anyway...