Does having an EHCP make it easier for mainstream placements to decline place for child

[ChitterChatter1987]

My daughter is 8 so got afew years before the dreaded step of secondary school.She has ASD and this brings its challenges but is in many ways a typical 8yo girl.

She does struggle alot in school with concentration and focus, but i think alot of it is boredom.She is articulate, and applies herself well to what she enjoys.

School want to do an EHCP which initially I thought great, but then they mentioned concerns about her coping at high school (concerns which I share but many of which I would have regardless of her SEN) and had mentioned the possibility of specalist education provision which i definitely don't think would be a good fit for her, she is abit behind educationally but not significantly so, and the only behavioural concerns are struggling with sitting quietly- she isn't violent, doesnt have meltdowns etc.She has made friendships and is fairly independent in self care.

Now i'm worrying that if we do go for the EHCP and when we apply for high schools, could our choices be limited because they decline her a place and say they 'can't meet her needs' based on what's in the EHCP? I really don't want this to happen as we want to be able to send her to where we feel is the best fit for her, and not be pigeon holed into a certain placement due to what the school or LA think.

If the school is suggesting an EHCP, you should listen. For many, secondary is even harder than primary.

For schools that are not wholly independent, the LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs 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.

This is set out in section 39(4) of the Children and Families Act 2014. The bar to prove one of these is higher than LAs and many schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. For non-wholly independent schools, the LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the above. If the LA doesn’t name your preferred placement, you would be able to appeal.

In addition to this, the law (section 33 of the Children and Families Act 2014) further means you have a right to a mainstream education (although not a specific mainstream placement) unless it is incompatible with the efficient education for others and there are no reasonable steps that could prevent this. Therefore, unless the LA can prove this, they can't name a special/specialist school against your wishes. This means even when the LA can prove one of the reasons in my previous paragraph applies to a placement, it may still be appropriate to place a child there as per section 39(5) of the Children and Families Act 2014.

You have a right to a mainstream placement, but I would think carefully about why the current school is suggesting SS.

Thanks for your reply and the useful info regarding the legalities 👍

Surely special schools are designed for children who have significant delay, cognitive disability, learning difficulties etc or lots of behavioural challenges with aggression or meltdowns etc though.....
Within school, it's mainly just some challenges with concentration and focus DD has....sitting still and do written work (she is likely dyslexic and is left handed, both of which I think put her off as she can get frustrated when she can't do something)
So surely that's not grounds for anyone to genuinely think she needs a specialist setting.

They were hinting about a local unit which takes kids from age 9, so in all honestly i think its more about the school's concerns around the impact of others being distracted/disrupted in class as she can be quite loud and lively, and her needing quite abit of intervention to stay on task stretching their resources, which i do understand is difficult, but i'm not going to move her into a specialist school just to make others lives easier if it's not what she needs.

If i did think it was what she needs i would 100% support it, but i know it isn't.She just isn't really keen on sitting down and learning, and when she gets bored with something she just disengages and gets disregulated so they let her go out the class for awhile and she needs movement/brain breaks.
She doesn't have issues with concerntration, following instructions and focusing at extra curricular clubs, and blends in fine at them.Same with the after school club despite it being in a classroom with tables and chairs.
Which makes me think its simply that she doesn't like the work/finds it hard so gives up.
If schools offered more hands on and creative curriculum I think she would do fine.

I know secondary is a difficult environment, and am apprehensive about it all, but think she deserves a chance to try it.I do know someone who never thought her daughter would cope with it (she had higher level of SEN than DD, and separation anxiety) but she actually settled in well and enjoyed it.

Not all special/specialist schools cater for the same profile of needs. Not all have cohorts with significant learning disabilities, and not all are SEMH schools. For example, there are some SpLD schools admitting dyslexic pupils - although depending on what you mean by loud and lively, they may not admit.

I would look at all options within travelling distance. Special/specialist schools, ARPs/unit within MS, and MS. Within the MS options, I would investigate if any have a nurture or transition group (and if they do how long it runs for, some run only for Y7, some run right to Y11, and some in between). I would also ask about what non-academic options they offer in KS4. It sounds like a full GCSE timetable would be incredibly demotivating for DD unless something significant changes.

When you say a local unit, do you mean a unit within a mainstream? If so, they are mainstream placements, not part of a SS.

Personally, I would pursue an EHCP regardless. DD clearly needs more support whatever the placement.

If you are unsure why the school has suggested considering SS for secondary, ask them.

What I can say is the demands and expectations increase as DC move through secondary (and actually this applies as DC move through KS2 too). Academically, socially and behaviourally. If DD is struggling now with academics and with concentration/focus/sitting still, the gap is likely to widen as she gets older. For lots of children who struggle with English, they find those difficulties still over to many other subjects at secondary, even subjects like maths. That may well have a serious negative effect on DD’s MH.

What support is the school providing? Does DD use a laptop/tablet and assistive technology, including trying speech to text software? Difficult without an EHCP, but have they tried a scribe? For when DD does write, have they tried a writing slope? Does she have proper movement breaks or are they half hearted breaks? Have they tried a wobble cushion, a standing desk, rocking chair, resistance bands on chair legs, exercise pedals under the desk? Do they offer sensory circuits? What support with emotional regulation are they providing?

Has DD had a sensory OT assessment? It sounds like she is struggling with the sensory environment. That may well be worse at secondary.

Has DD had an EP assessment? What about a SALT assessment?

It’s so so hard to get a specialist school that if you want mainstream with an EHCP you’ll almost certainly get it.

Even if schools say they can’t meet need of child the LA will still over ride them and place the child there.

So I think you shouldn’t worry at all about having an EHCP meaning you won’t get into a mainstream. There are loads of kids with EHCP in mainstream.

You cannot be ‘forced’ to accept a special school placement. It’s up to you to choose, but with an EHCP you can ask for the mainstream school you feel will meet needs best. An EHCP should be seen as a positive step, rather than a negative one. Certainly worth investigating.

Thanks so much! This is such a detailed and useful response with lots for me to think about and follow up 😊

It is a specialist provision for pupils with social communication and interaction needs and autism they were talking about.

She is awaiting an occupational therapy appt which hopefully should be soon.

Not 100% sure if they provide some of the educational support resources you've mentioned, but she does have the resistance band and sensory circuits.She also has a wobble cushion and ear defenders/plugs.
The pedals sound good could ask about them.

Will definitley pursue the EHCP.