Choosing a SEN school you cant visit and need a LA referral

[Alviemore]

We have an ECHP and will be appealing some of the wording but the solicitor says that we should concentrate on finding a school.

SEN school is indicated (eg we agree he needs sen school etc) but LA not named one and have said tomcome back when we find one. Current setting is named

We have visits scheduled for those that allow but unsure how the sytem works and tips for whittling down schools that don't allow visits and have got to get local authority referrals.

I guess I'm struggling to understand how this works and how you know what might be a good fit for your child.

If say there are 5 of these should we ask the LA to refer to 5?

Also as we are appealing some wording should we wait for this to be finalised before requesting referrals?

If you are appealing B&F and disagree with the school named you should appeal section I at the same time. Utterly pointless to appeal B&F, wait for the conclusion of the appeal, then wait to appeal I until you then have the right of appeal again.

You can request the LA consults with schools. If they won’t, once you have an appeal registered and the LA has replied, you can ask SENDIST to order the LA to consult. You can contact the school(s) informing them you are appealing and providing accurate information. You can ask them to consult with 5, but make sure they are genuinely your preference. It isn’t wise to ask them to consult with school you don’t actually want.

Ask around locally. Some schools who won’t allow visits without the LA first consult, will have limited discussions by email beforehand. Some will allow visits after receiving a consultation. Some have open days or events where the public can attend (e.g. some Christmas Fairs will allow the public to attend). Some schools can be ruled out just by reading their website and policies.

Thanks for replying - Sorry maybe I should have been clearer as to my question – I just feel it’s a catch 22 and find it difficult to explain

We are appealing sections BFI - but given what the LA said I didn’t mention this in the initial post

I’ll try again with my question…

Local authority stated in their letter & lets assume we take them at their word in this example:

In relation to Section I of the named placement, the decision has been sought, and it has been determined that XX meets the criteria for a specialist setting. As previously stated, once the parent is able to provide us with their preferences and schools reopen, the Local Authority will engage in the consultation process to find a suitable specialist setting. We have enclosed the Final EHCP to parent's, which for now, finalises and names XXX current setting,

Using a made up and extreme, hypothetical example…, lets say the wording we are appealing in B states

“X will attack people for no reason”

Now clearly this is not conducive to certain special schools who have a calm cohort who focus on work and just need small classes and more support…

However in this example the wording in the “final” EHCP is 100% untrue and unfounded and is not in any of the specialist reports (EP< OT< SALT< Paediatrician< psychiatrist) used to create the EHCP

The problem:

Schools we can approach with no LA consultation, send papers, visit, discuss our child and have an open conversation saying we are appealing XYZ and you can see in all these special reports that nothing is mentioned about the “attacking”, some visit at home, arrange a consult etc – these are not such an issue as at least we can visit etc (I understand they can still refuse)

The schools that will not allow visits prior to LA rereferral and then only look at EHCP – if the EHCP has untrue wording then this limits our options at best and at worst may only then have options for a school unsuitable for our child as its for children who “attack for no reason”

Hence questions are:

1. If there are 5 potential schools, can we ask the LA to consult with 5 of them

1. Given these schools only look at the EHCP and the wording is wrong, should we wait until the wording is factually correct

I understand its complicated by the fact we are appealing section I as a matter of process vs what the LA said

Just trying to get a broad view as with the wording currently in the EHCP we are at risk of straight out “no” in many settings

As I said, you can ask the LA to consult with 5 schools, but you should only do that if they are genuinely your preferences.

As I also said, you can contact the school(s) informing them you are appealing and providing accurate information. You can do this even if the school say they will only communicate with the LA about the consultation. You can do this even if you haven’t visited/spoken to the school. Some people send updated information to all schools within travelling distance when LAs are being evasive about who they are consulting &/or are sending many consultations. No, you shouldn’t wait until B&F are correct because that may only happen after SENDIST has ruled on the disputed content and issued the Order. Appealing B&F as well as I doesn’t complicate it. It is a common scenario.

You only need an offer of a place from wholly independent schools. Schools that are not wholly independent can, and must unless the high bar for one of the lawful exceptions, be named even if they object when consulted.

Ok thanks

I have contacted a special consultant for this search so will talk to her about liaising with these schools about this misinformation in the EHCP going forward.

Many thanks for your help and time

All a bit of a minefield thanks again