The stay put rule. Can anyone offer urgent help?

[MercyMercie]

My child is in a special setting with an EHCP and is doing very well. Following annual review, our LEA decided needs have reduced and they’ve decided to consult mainstream schools. I know one of the schools they consult will agree needs can be met, they’ll obtain funding and then do nothing. My child will not go to this school, it has poor pastoral and SN care.

I am worried what will happen if they amend the ehcp to name a mainstream? I will appeal but that will be at least 12 months away. Can my child stay in the current school until the appeal is heard?

It is also not a great year to be moving my child. They will move to year 10 in September but they have had no formal curriculum since year 6.

I’ve heard about the ‘stay put’ rule but I don’t know if this applies to placement as the ehcp will name a mainstream school. Can anyone help?

TY.

There isn’t a ‘stay put’ rule.

Unfortunately, the amended finalised EHCP will be the one in force legally until another version is finalised, e.g. following the conclusion of any appeal or after a subsequent review.

The naming of a school doesn’t automatically register DC at the named school, though.

Some people manage to come to an arrangement whereby the child remains at the current school, but it isn’t guaranteed.

It isn’t guaranteed, but if you have to appeal, you could request an expedited hearing.

The only time the LA has to continue to provide the provision/placement is when they intend to cease to maintain. In that case, the EHCP must be maintained until the conclusion of the appeal.

@ExistingonCoffee Perhaps I’ve misunderstood and it relates to cease to maintain.

Even an expedited hearing is likely to be a school year away. I don’t understand how this is right or fair, my child is doing so well because the environment is right for them. MS failed for them that’s how they ended up in a special place in the first place.

It’s awful that the LEA holds all the power.

It isn’t guaranteed, but not all expedited hearings are a year away. Won’t be immediate, but not a year. Not that it makes the situation acceptable.

Why did you not appeal the change of needs that they’ve done? Unfortunately you’ve signed off the final draft which gives them the go ahead

The OP said she is going to appeal.

The LA didn’t need the OP’s agreement before finalising.