EHCP draft and provision confusion

[mumsie8]

Hi. Apologies in advance for any waffle or tangents I go off on within this message.

My son has been awarded a brilliant, concise really clear (so far, draft) EHCP, and from what little I've read, this is a rarirty so we feel really lucky.
But what do we do now? It's about as clear as mud to us (that, or I'm a bit dim). We've selected our "preferred" provision but after much searching it seemed more like the lesser of evils rather than it being the right fit, and that is in no way meant to be seen as reflection of any of the provisions we looked at. He sort of falls into that gap of being too high needs for mainstream but not high needs enough for specialists settings.

SEMH is his identified need within the EHCP, he's on the pathway for ASD/ADHD/both diagnosis.

It feels about as clear as mud to us. We spoke to his named case worker but we weren't sure what we were supposed to be asking. I may have missed it somewhere but we didn't even know you could name more than one provision!

The named provision spoke with me yesterday and said they are going to say they cannot meet need. I went a bit blank tbh as its not wholly unexpected and I have my doubts as to whether it would have been the right fit for him but this conversation was done 'off the books' so to speak. I'm not sure what to do with this info. They alluded to our going back to the draft and saying we've changed our mind and naming some other provision but what?
The cynic in me can't help but feel this is about more than what's actually being said, but what do I question? Can I ask them what needs is it they can't meet? When i speak with the case worker can I say that the provision have had this conversation with me, even though they are in consultation with them?

I feel a bit lost, like I'm fumbling around in the dark trying to find my way and I have no clue where I'm going or what I'm doing and the only person who gets 'hurt' by this is my child.

Many thanks. (I can give any further info if needed).

I would re-look at the draft. I have seen thousands of EHCPs and I have never seen a draft that does not need amending in some way. Unfortunately, I have seen many cases where parents don’t realise it needs amending until the provision isn’t provided and they try to enforce it but are told it is unenforceable.

Is your preferred placement wholly independent? If not, the LA must name the school 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.
The bar to prove one of the above is high. Far higher than LAs and many schools admit. Unless the LA can prove one of the above, the LA can and must name the school even if the school objects when they are consulted.

The LA must finalise by week 20. When the LA finalise, if they don’t name your preferred placement, you can appeal.

Have you looked at all schools within travelling distance, including independent schools and those out of area? The maximum recommended travel time is usually considered 45 mins for primary and 1hr15 for secondary but some travel further.

While you can state more than one preferred placement, you don’t have to, and you should only do so if you would genuinely be equally happy with them all.

Follow up the conversation with an email. You need specific details. Not just can’t meet needs.