WTF is happening to us? Any ideas?

[Ilovemsrachel]

Hi I’d really appreciate some insight from people more experienced with local authorities and EHCPs because I have a niggling feeling something is afoot but I’m not seasoned enough to know for sure.

Situation is: we have a draft EHCP and the council agreed to name our preferred school in the borough next door. The preferred school said they couldn’t meet need in mainstream but could in their additional provision but that we’d need to go through their council’s process to do that. Our borough disagreed and sent a letter of direction to the school telling them to take our child in mainstream. Their philosophy seems to have been get the child in and then allocate any additional funding based on their system.

Then nothing. The local authority are now delaying finalising our EHCP so that the two boroughs can have a meeting/an argument about funding. It seems to all be political but I’m finding it hard to work out whether this is just a formality or if the council could change its mind on naming our preferred school?

If they do change their minds and decide to name another school what recourse do we have? Should we be doing more? I’ve been in regular touch with our borough in a firm but polite way, and in informal touch with the school who are cross that our borough have done this but are being nice to us and say it’s not our fault.

A lot of discussions are political. However, until the EHCP is finalised, nothing is certain. Your LA could still name a different school.

If the LA finalises without naming your preferred placement, you can appeal.

When you say the LA is delaying finalising, do you mean they are in breach of the timescales? If so, email the Director of Children’s Services reminding them of the deadline and warning them if they do not finalise ASAP, you will be forced to take further action. If that doesn't work, you need a pre-action letter.

Your LA can name the school even if the school and the LA who maintain it disagree.

Check if the additional provision is a separate registered institution. Most ARPs are not separate registered institutions so for most the school is named in I and the provision to be provided by the unit included in F. Your LA can still include placement within their additional provision in F even if the school and the LA who maintain it disagree.

Hi this is so helpful thank you thank you.
Our case worker said they still support our parental preference for the school.
They are not yet in breach of the timescales but are approaching that.
These boroughs work together a lot so I am hoping they can find a solution. The ARP isn’t a separate institution it’s all integrated. However I don’t think it will be named on the EHCP as they said they don’t sort ARP funding until May/June and the EHCP is for a mainstream place. Both we and the school are united in thinking child is best in the ARP (but the school said we should have gone via panel earlier in the year. I’m not sure how we could have done this as did not have an ECHP at that stage.

So it sounds like even though they have sent an intention to name letter to the school they can still go back on that? My fear is that they will refuse the other borough’s funding demands.

Do you think it is still worth emailing the Director of Children’s Services? I’ve actually had some contact with them before

Thanks and all best - I’ve been in tears all day so I really appreciate your response

Yes, until the EHCP is finalised, your LA may change their mind. It isn’t uncommon for LAs to say one thing, then do another.

If the ARP is not a separate registered institution, it should not be named in section I of the EHCP. The mainstream school should be named in I and the provision provided by the ARP included in F.

Don’t worry about panels, them saying funding not being looked at until May/June, or funding negotiations. That doesn’t change the law. If the school is named, they must admit. The provision in F must be provided.

I would wait to email the DCS.

OK. That is very clear thank you.

I think the local authority will be wary to name the ARP in the ECHP because they say the funding is for a mainstream place, and the ARP funding is decided later. Can I insist the ARP is named in the plan or is that up to them and what funding they are willing to provide?

The reason I thought I might email someone more senior is that the manager who is supposed to be dealing with this has never replied to my emails and we have about a week until the statutory limit is reached.

The ARP shouldn’t be named in the EHCP. Even if DC is in the ARP, the mainstream school should be named. The provision to be provided by the ARP should be included in F.

Focus on the school named in section I and the provision detailed, specified and quantified in F rather than the funding. The school named in section I must admit. The provision in F must be provided and can be enforced. The La is ultimately responsible for ensuring the provision in F is provided and that includes ensuring there is sufficient funding.

The LA can fund the provision to be provided by the ARP now. They don’t need to decide later. That is fobbing you off.

As you have done, you can state your preferred placement. You should have been given the opportunity to comment on the draft. This is where you should have proposed any amendments, including amendments for the provision to be delivered by the ARP, that are required. When the LA finalise they may or may not agree to name your preferred placement and they may or may not agree to any or all amendments you proposed. Once the LA has finalised, you can appeal if you are not happy.

We did have a meeting with them making amendments but the difference between mainstream and the ARP was not properly explained to us. We only realised later that it was a mainstream place and then emailed saying we want the ARP.

So we don’t get a say in the provision set out in F?

Or can we say “please put the ARP in F”?

I think I probably will email the Director tbh because it’s starting to seem like we are being both fobbed off and messed around, as well as ghosted, with mere days until the statutory limit.

If there are further amendments, including amendments covering the provision to be provided by the ARP, you wish to propose, email the LA about them now. It is late in the day, so the LA may say too late, but it is worth doing anyway.

But the LA may or may not agree to them and they do not need your agreement to finalise.

When the LA finalise, if you are not happy with the EHCP, you will be able to appeal. As part of a B&F (and maybe I) appeal, you will be able to propose amendments to F. Again, this can include amendments covering the provision to be provided by the ARP.

We’ve said in about three emails that we want the ARP but they just keep saying “later”. But I will try again.

Thanks for your advice. They’ve mostly been excellent but it’s all gone ominously quiet and I don’t like it.

Rather than just saying you want a place in the ARP, you need to make sure F is right and if it isn’t, request amendments. Then appeal if the LA finalise without amending.