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EHCP final copy received -different school named

18 replies

Imachocolateportal · 11/02/2015 18:21

Hello everyone.

Today I have received my DDs final EHCP, for her transition to secondary school. It came with a letter that has been sent to the head teacher of a school saying following consultations with the board of governors please enrole DD. This school was not the school requested on the draft EHCP. It is not our nearest, in fact there are many nearer and one with a very good record for helping children with additional needs, has no specific facilities for for ASD. I am totally confused as to why they have placed my DD there??

Has anyone else had similar?

I will phone them tomorrow but very worried right now as it is one of the few schools in the borough we had on the definite no list. It seems like they have picked a school out of a hat. No explanation has been given to us.

The school we asked for was mainstream (like the one they picked), nearer to us and not as oversubscribed as the one they have chosen.

OP posts:
bjkmummy · 11/02/2015 18:24

does seem confusing - I think a phone call would be helpful first to see why they have placed her there then depending on what they say we should be able to help you

senvet · 11/02/2015 21:05

Also ring your chosen school and ask if they have places and would agree to admit dc. They may want to see your SEN docs

If the chosen school say 'yes' then it may well be game over for the LA.

And save some nail biting while the LA faff about

Imachocolateportal · 11/02/2015 22:11

Thank you both. Will be calling first thing in the morning. I will definitely try the school too.

Luckily the current school (specialist unit in mainstream school) are very good and will help us. I will update when I hear reasons.

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senvet · 12/02/2015 01:22

s38 to 39 CFA 2014 is where you need to look.

According to my stuff from IPSEA the LA and school MUST, by s43(2), give you your choice of school unless

(a) the school or other institution requested is unsuitable for the age, ability,
aptitude or special educational needs of the child or young person
concerned, or
(b) the attendance of the child or young person at the requested school or
other institution would be incompatible with—
(i) the provision of efficient education for others, or
(ii) the efficient use of resources.
section 39(4)

It is for the LA to show that one of these things apply - they have to have factual evidence

So they can't win on (a)
and obviously being nearer their school cannot win on (b)(ii)

So are they claiming your chosen school is full?

Well you will be pleased to know IPSEA has good news for you on that as well.
This is what my stuff says:-
"^what the test requires, if it is to be used successfully by an LA, is that
it is likely that adding just one more child to this school or other institution will
create incompatibility with the education of others. This is not the same as
showing that the addition of a child or young person will in some way impact
upon the education of others. The test is whether the impact is so great that the
child or young person attending the school or other institution would result in an
incompatibility which cannot be resolved by the special educational provision
being put in place as detailed in the EHC plan. The facts need to be examined
in each case and this has been found by the courts to be a high bar.^ "

So sock that to them Ima!

Ineedmorepatience · 12/02/2015 08:16

Its probably a typo!!

My LA do stuff like that all the time! Its because the copy and paste statements/ehcp's together!!

Idiots! Hmm

ouryve · 12/02/2015 11:27

It's one of the many, many typos our LA have made. Give them a call and ask for an explanation.

Imachocolateportal · 12/02/2015 13:27

Thanks everyone.

Tried to speak to them this morning, but apparently no one from the team will be in the office until after 2 pm today. So will be trying again shortly.

I am hoping is a typo, although they have written to the head of the school (the one on the EHCP) and that letter has got the school address on, so have a bad feeling it may not be.

Very annoyed that they have consulted with the governors of a different school to one we asked for, without us even knowing!

Hopefully I will get an answer this afternoon, so can plan the next steps. Angry

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senvet · 12/02/2015 15:03

fingers crossed
May the force be with you!
The law certainly is

Imachocolateportal · 12/02/2015 16:24

Well apparently our case worker does not know why that school has been named Confused. However that is the place that has been arranged for DD.

Only thing she could think of was that possibly there has been confusion as she took the case over from someone else who has now retired.

She said she will have a meeting with her manager tomorrow to discuss and find out what can be one now.

So we still do not know anything more.

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bjkmummy · 12/02/2015 16:31

fingers crossed for you xxx hopefully its just an admin error then and they can quickly sort it out for you

Imachocolateportal · 12/02/2015 19:25

Thank you.

We should apparently hear back tomorrow or Monday. At least once I know what has happened/what the local authority plan to do I can start planning.

So stressful, probably even worse as there are queries over if mainstream will work at all for secondary at the moment as DD has been deteriorating recently (school and us are concerned there may be some other problems on top of the ASD). So may need to change our selected school anyway.

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Imachocolateportal · 17/02/2015 12:50

Hello Everyone,

Thank you or the help so far.

We did not hear anything back on Friday or Monday.

Have rung a couple of times yesterday and today, leaving messages, meant to be getting a call back, but it has not come yet.

How long would you all leave it (considering where we already are in the school year) before escalating up the chain?

And where would the best escalation point be?

I would appreciate any advice from people in the know. Really struggling with this, as at work during the hours they are open, which makes it hard to keep chasing them!

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fairgame · 17/02/2015 13:02

I would escalate it up to the sen manager now via email. Also send off an appeal to sendist so that you've covered all bases in case they can't sort out their own fuck up.

Imachocolateportal · 17/02/2015 15:16

Well, they have called back, being as helpful as a chocolate teapot.

All she would say was "This was the school that was chosen after meetings". Wouldn't say why our chosen school was not named and wouldn't give any further information at all.

All we have been told is write to them outlining exactly why their chosen placement is not suitable.

Now I am not overly knowledgeable about the law here, however I thought they had to prove our choice was not suitable?

Surely they should tell us why they have chosen a school, and why our was rejected?

I am so angry right now.

Will be emailing the senior manager of the department, and sending doing the appeal.

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Icimoi · 17/02/2015 15:41

Point out to them that they are supposed to meet your parental preference. They can't have opted for this school because it's cheaper, because presumably one of the nearer schools would actually be a more economical option - especially if your daughter's difficulties are such that she needs to be provided with home to school transport.

A few years ago there was a big fuss when a very popular academy, Mossbourne, decided it was going to impose a quota on the number of statemented children it would admit - www.theguardian.com/education/2012/aug/20/academy-loses-challenge-special-needs. Could anything like that have happened in your case?

JJXM · 17/02/2015 15:42

I would put in an appeal to SENDIST asap - hopefully this tell your LA that you are not going to be pushed around. By all means call and email them but make sure you put the appeal in.

senvet · 17/02/2015 17:55

I agree. File the appeal tomorrow
Copy the LA with a covering note quoting the law above and saying that this is mystifying since it is clearly more expensive to go further away and you are sure the confusion will sort itself out long before the case comes to Hearing.
Oh, and check out expedited hearings in case you can get one of those

manishkmehta · 21/02/2015 23:04

This reply has been deleted

Message withdrawn at poster's request.

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