Ehcp finalised without consulting schools?

[Takis]

Hi I posted about this already but thought I’d try here, I responded to my sons ehcp draft with my preference of school, they finalised it 2 days later without consulting the school at all saying it’s the summer holidays so they would not be able to consult with schools and also they don’t consult with Sen units as that’s for a panel to decide so they’ve finalised it with his current school which are failing him badly and didn’t bother to consult with my preference. Is this standard practice?

For the majority of SEN units, the mainstream school is named in section I with the provision provided by the SEN included in F. This is because the majority of SEN units are not separate institutions.

Assuming the school isn’t wholly independent, the LA should consult with your preference. This is stated in section 39(2) of the Children and Families Act 2014. Although you can still ask for a wholly independent school, you don’t have the same rights to request it that you do with other types of schools. The LA can consult during the holidays. Complain.

You should submit an appeal.

I don’t want the school without the unit if he can’t get the unit I want to keep him at his current school, people told me I could express pretence for it separately if not I will just leave him at his current school.

You can say you want DS to be placed in the unit, but unless the unit is a separately registered institution (and most are not) the mainstream school will be named in section I of the EHCP and the provision provided by the unit included in F. Is the unit a separate registered institution?

No I don’t think it is. I will him where he is then as don’t want to risk moving him and not getting the unit.

You can still pursue the unit. You appeal BF&I. Don’t bother with mediation, just get the certificate and submit an appeal to SENDIST.

I think I will leave it as appeals are a year and the unit is only up to 16 (he is 13) so not sure it would be worth it

I think it would still be worth it if the current placement isn’t working.

Hopefully now he has a ehcp they will be forced to step up a bit

You will need to look at what provision is detailed, specified and quantified in F of the EHCP. That will determine what provision DS will receive.

How the process worked for us, initial panel agreed higher funding (ours was an EHC review) and to consult with SEN units with spaces. SEN units agreed they could meet need then it went back to the panel to agree the placement.

Not sure what should happen but it being the school holidays seems like a terrible reason to do nothing.

Legally, being full isn’t, on its own, enough to refuse to name a placement or include the provision provided by the unit in F. And only wholly independent schools need to agree to being named. Other types of schools can be named even if they object.

Yes I was told they get an extension over the holidays so I’m not sure why she finalised it without even consulting?! I was also told his current school would be sent the ehcp to see if they could still meet needs which obviously hasn’t happened either

If the current placements has been named, the LA must legally consult them beforehand. It is the same legislation as I posted in my pp.

The exceptions to the timescales only apply if it is impractical for the LA to comply with timescale where:
-the LA has requested advice from the HT/principal/post 16 institution/early years provider during a period beginning one week before a school is closed 4+weeks and ending one week before it re-opens.
-exceptional personal circumstances affect you or DC during that time period.
-you or DC were absent from the LA for 4+ weeks during the time period.
And they must still comply as soon as practicable. It isn’t freedom to take as long as they wish. This is set out in Regulation 13(3) of The Special Educational Needs and Disability Regulations 2014 - this signposts to Reg 10(4)(a) to (d).

Hi I don't no if I'm on the right thread well finally after along fight la agreed to issue ehcp I got the draft yesterday looked through I'm happy with it but I have to wait till next Thursday for the srp panel to decide does anyone no what happens now as my daughter is in a mainstream school with srp attached which I think she would thrive more in srp class what's the chances of srp panel agreeing is it the same as getting ehcp as that was a long big fight to get her an ehcp