EHCP named school can't meet need

[Loki13]

Hi,

My son (diagnosed autistic with suspected ADHD) has been given an EHCP, it's currently in draft form. I haven't yet agreed it. Our caseworker has identified 4 settings and sent out the draft without me clearing it yet, but said I could still make amendments and she would resend. One of the schools named is fully independent and the one we feel is best suited for his needs. They, like all the SEN provision nearby is at capacity. They have today told me they can't meet need on the grounds that his behavior/dysregulation is something they can't support. They are a school claiming to be specialist in semh/asc and ADHD

I feel totally lost as it's the only setting that's appropriate. EP says that he needs a smaller group, so mainstream not appropriate. I spoke to them and said I hadn't cleared the draft, they advised I make any amendments and they can reconsider, but I feel really down about it,as they wasn't overly encouraging and I feel the damage is done. Looking at the ehcp in more detail, it does come across like his needs are quite a bit higher and that his behaviour is more extreme than I think is the case now, as things have moved on a little.

Does anyone have any advice on what I can do to change the draft, argue his case and has anybody had similar happen and if so what was the result?

Thank you

A draft must not name a placement or type of placement. Section I must be blank. But it doesn’t actually sound like the draft names the school, just that the LA is consulting. That is normal.

For wholly independent schools, you need an offer of a place. They can’t be named against their will. Unfortunately, they aren’t like other schools who can be named even if they are full. You also need to prove the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure.

Since you have the draft, you can propose amendments and state your preferred placement. Send your proposed amendments to the schools consulted as we as the LA. Don’t rely on the LA doing it. Your preferred school may or may not reconsider, but it is worth asking.

Once finalised, which the LA doesn’t need your agreement to do, if you disagree with the school named, you can appeal.

Thank you so much for your comprehensive response.

It's so difficult because he got the EHCP for a reason, but I do feel it's misrepresentative in terms of his behaviours and it's led to the school saying they can't meet need as a result. Need to try to undo that damage, without losing him the whole thing. He very much needs a calmer environment.

His current school have offered to write an up to date character review. He's only little and they change so much and he's full time now and doing very well, but still needs a smaller class size longer term. He works so hard in mainstream every day to focus and he really does, even with great personal cost to himself, in that it is hard on his nervous system. Post school restraint zoomies when he gets out, because he's trying to do everything they tell him everyday!

The content of EHCPs is based on the evidence. If you think the evidence is inaccurate, you should ask the LA to go back to the report writers.