Ehcp help. No school named yet

[Needadvice456]

Hi looking for some advice as my child still does not have a school for September. She has an ehcp and awaiting autism diagnosis and has global developmental delay. Only a special needs school in borough has said they can meet needs but took almost 3 months to confirm they are full. LA are now trying to name a unit in a mainstream school with is half an hour away but would take an hour in school traffic. I feel like it is too far and my child would not cope in transport for an hour or more twice a day but my concerns arent getting listened to and I feel like they are jusg going to name that school as there are no other places in any other schools. I dont want to send my child to a school that will cause too much distress on the journey every day.
Really concerned as only 3 weeks until summer holidays and feel like not enough has been done by LA

Would she have been on transport for special school? An hour is usually the maximum time children are on the bus and it soon becomes part of the routine.
Have you visited the unit in the school? There may be fewer children on the bus from the school with a specialist class. In the one I used to support/ advise the children in the unit left earlier than the other children.
Hope you get some clarity soon.

The special needs school is only 10/15 minutes from my house so would be fine in transport but they are saying they are full. The unit would take an hour in traffic which i feel would cause my child far too much distress as they struggle with long distance on journeys but i dont feel like they are taking that into account and will just name the unit even though it would cause child distress everyday and I dont feel comfortable with my child making that journey everyday knowing how upset that will make them

Can you clarify your situation?

Has the EHCP been finalised with section I blank or just the type of placement named? If so, did you appeal?

Or have you not had a finalised EHCP with the placement for September yet?

If that’s the case and DD has an existing EHCP but the LA breached the 15th Feb deadline for naming placements for phase transfer and still haven’t finalised, you should email the Director of Children’s Services reminding them of their duty and threatening Judicial Review. At the same time, you should look for someone with the capacity to take on your case for a pre-action letter.

If you haven’t got a finalised EHCP with the placement for September yet and DD didn’t have an existing EHCP/the EHCP is new and has not been finalised yet, what week are you on?

The maximum recommended travel time for primary is 45mins each way. Although some travel further. If your DD can’t travel that far, do you have evidence? Is it 1 hour straight there or is it only that long because it would be shared transport?

What is your preferred placement? Is it the school who has said they are full? If so, what type of school is it? Unless it is wholly independent, on its own, being full is not a sufficient reason for the LA to refuse to name it.

Previously, because most units are not separate institutions, when a child was placed in a unit within a school, the mainstream school would be named in section I with the provision provided by the unit included in F. However, there was case law earlier this year showing in some situations it can be lawful to name the unit (hub in that case) in I.

Thanks ror the reply. We received the final ehcp on February with the school placement part blank and caseworker has been consulting schools since then. She is saying ehcp was put through late as was put through in october when we had paediatrician report for evidence. Some schools have come back saying can't meet needs and the special needs school that was my preference was the only one that has said they could so far but they are saying they are full. When i questioned caseworker about this they said classes normally have 10 children but currently have 12 so are already oversubscribed.
The school with unit says on Google maps it typically takes 35 to 55 minutes in school morning traffic. I got someone to make the journey and took almost an hour so dd would not cope with that journey. My only concern is that I dont know what kind of evidence I could provide tonsay that apart from my word and the time on Google maps.

So if you haven’t had the final EHCP, did you appeal?

Is your preferred school wholly independent?

It depends on the individual circumstances, but I have seen EPs, OTs, physios, CPs, paeds, psychiatrists and specialist nurses comment on travel time.

I got sent a final ehcp in an email in February but with no school as she has been consulting with schools since then.
The preferred special needs school is not an independent school
We have all the reports but none mentioned travel unfortunately as its all been about his needs at home and preschool

I also contact the caseworker regularly but rarely get a response. I asked her for her managers email which I have emailed 3 times and all have been ignored. I dont really know where to turn to next.

Yes, I know you got the finalised EHCP in Feb and section I was blank, but did you appeal?

For non-wholly independent schools. the LA must name your preference unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs
-Attendance would be incompatible with the provision of efficient education for others; or
-Attendance of would be incompatible with the efficient use of resources.

The bar to do this is high. As your preferred school is not wholly independent being full is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DC is incompatible. The bar for this 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 they can prove one of the reasons above.

I didn't realise I could appeal yet as the school wasnt actually named. I did contact sendiass for advice but on a waiting list. I just kept getting told the ehcp was put through late as it was put through in October. Sorry it can be quite a confusing process and I dont feel like the caseworker as been any help. When I have said about the school being full she just said they are over Pan as they have classes of 12 instead of 10.
Sorry for all the questions but how would I go about starting an appeal to question if child can get a place at the school if the bar is quite high. All the caseworker sent was an email saying that the school are no longer taking anymore children as full. She is very vague with information

The right of appeal comes with the finalising of the EHCP, not the naming of a placement. The paperwork that came with the finalised EHCP should have informed you of the right of appeal, the process, the mediation company, etc. Some EHCPs will have section I blank. Some will have a type of placement but not a specific placement.

If the EHCP was finalised in Feb, your right of appeal has lapsed now. I would see if SENDIST will accept a late appeal. It isn’t guaranteed but they sometimes grant leave to appeal out of time. I would do this ASAP. You appeal by submitting a SEND35 form to SENDIST. When you do this you can explain it is late, the circumstances, request an appeal go ahead, etc.

If SENDIST won’t allow an appeal, request an early review.

Alongside this, I would email the Director of Children’s Services asking how they intend to provide the provision in F of the EHCP. If by some chance DD is a summer born who has been deferred, also ask them how they intend to ensure she receives a suitable full-time education.

If your emails to the case worker manager are being ignored you move higher up the food chain until you get an answer. Document in your email all of the ignored emails with dates and times. This is your paper chain for a possible complaint. You will get an answer as the council will not want you to make a complaint. Have you looked for entirely independent schools in your area? Don't rely on the list the council send through, do a seperate search. As for the journey times that you think will be too much, do you have any documented evidence that shows dysregulation with journeys? You say your daughter has global developmental delay, is there a report or medical evidence that gives details of her presentation? Any evidence that shows she is unable to cope with such a long journey so this can be put to the council when they try to recommend the school. Good luck, just keep pestering and gathering evidence.

Sorry for the big paragraph, still can't manage the formatting properly.

Thanks for you reply. I have sent another email yesterday including the director if children's services so hopefully I will get a reply. My child only has the EP report and ehcp saying how they struggle significantly with changes to routines, transitions, busy places and emotional regulation. The transport part hasn't ever come up but I have written how they struggle greatly on longer journeys

I also found out last night that proposed school with unit that im unhappy about are coming to observe child to see if the can be named so sounds like they are going to name despite my concerns which I have expressed a number of times now

Contact your GP and document how your daughter struggles and is dysregulated by long journeys, that will be on her records then as evidence. You could ask for a referral for an occupational therapist appointment, it will take a while but they will then to be able to give you a report on your girl's sensory issues.

If they still name the school then you go to appeal, when and if your daughter is unable to access the transport you document it every time and send an email to the school and council. That way you build up the evidence that she is not coping. Sorry it is a long game and you are stuck advocating and waiting. My girl is a lot older and we gave been waiting over two years with the council denying any issues.

Solidarity from Cornwall xx

Thanks for your help. I have a report from occupational therapist for the ehcp listing struggles with changes in routine, transitions and emotional dysregulation and struggles with new places so I can use that in appeal. Just doesnt mention anything about transport. I just dont know if i send her to the school while waiting for appeal as they could then say she is coping fine

There’s no one answer as to whether to send DC to the named school (if the LA does amend to name a placement) while appealing. It can sometimes provide evidence to support your appeal. The expectation of the LA is DC attend the named school. Although, of course, you can choose to make your own arrangements. If DD is unable to attend (in the legal sense, not just because you disagree) the LA is still responsible for the provision in F (and once CSA, ensuring DC receive a suitable full-time education).

I wouldn’t wait for the LA to potentially amend the finalised EHCP before appealing. I would see if SENDIST will accept a late appeal now. This is because there is no guarantee the LA will go on to amend and if they do, it may not be for a while.

If you are going to appeal, consider if you need independent reports.

Discussing it with the GP is worth doing. However, the GP may well document it by saying ‘mum says…’ which isn’t strong evidence.

Thanks. I asked her to resend the ehcp to me today as the copy i had didnt contain the ot info and the ammended final date was today so does that mean my 2 months appeal date starts again from now? The covering letter she sent with still contains the February date

If the EHCP has been amended today, you need a new decision letter. Then the appeal window will begin on the date of the new decision letter.

Thank you. Sorry if I sound stupid and for all the questions but when say decision letter do you mean the letter sent with ehcp that says ehcp in final form and has details about appealing?

Yes, the letter that comes (or at least should be sent to you) with the finalised EHCP. It should include various things such as informing you of the right of appeal, giving you the timescales for appealing and details about mediation.

You don’t sound stupid and don’t worry about asking questions.