Naming a school EHCP

[JessicaKenny2018]

My son has a EHCP in place we are now doing his review, the LA are saying that they have to name a mainstream school, we want to name a complex needs school.
Educational psychologist has recommended complex needs school, salt has also recommended complex needs school.
My little boy is 4 due to start in September, LA are saying they will name mainstream and we should appeal it, my little boy has a diagnosis of autism and global developmental delay, he is non verbal, can lash out at other children, he is assessed as functioning at between 18 months old and 2 years old so is quite behind his peers.
He obviously needs a complex needs school.
Is the LA right or can they name a complex needs school?
Thanks

No the LA do not have to name a mainstream school.

When you get the draft plan you should be given 15 days to check through the plan and make any representations. At the same time you should be asked to name your preferred school.

If this is for September this year the LA are in breach of their statutory duty (SEND Regulation 18) as the EHCP should have been amended and finalised naming your preferred school by 15th February this year.

www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

www.ipsea.org.uk/annual-reviews-in-advance-of-a-transfer-between-phases-of-education

Is the school you want an independent school OP?

If you need advice IPSEA can help. Book an appointment on the Advice Line.
www.ipsea.org.uk/advice-line

@Ellie56 thank you for your advice, it is for September yes.
Background is LA sent current EHCP to 3 complex needs schools, all 3 came back as a no due to needier children, LA then agreed that my little boy needs a complex needs placement, LA advised to go ahead with annual review so when she sent out letter that would trigger my right to appeal.
LA have said they will name mainstream school so I can appeal.
The issue was his current EHCP is his first EHCP and in my opinion wasn't strong enough however I was told to allow the final to be drawn up as we wouldn't have been able to apply for complex needs school this year as he would have had no plan in place.
I have today received the LA letter advising we are not amending plan and the appeal advice.
I have spoken to ipsea twice they are baffled about the way this has been dealt with.
Educational psychologist is recommending complex needs placement, as is SALT, paediatrician, the mainstream school named has said we will have issues meeting his needs.
I am currently filling in the appeal form, does anyone know if I have to make personal contact with the school I wish to name or does the fact his EHCP was sent for there admissions count? He is still on there list for there last admissions meeting in July however they are currently at capacity.
Sorry for the long post

Is the Complex Needs school you want an LA special school, a specialist academy, a Section 41 special school or a wholly independent school? If it is a wholly independent school you would have to have an offer of a place. If it is any of the other types the LA could still name them even if the school says they are full unless:

• The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) 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. (see the link I posted above).

Solicitors usually advise appealing sections B (Needs)and F (Provision) alongside Section I.(Placement).

www.ipsea.org.uk/general-advice-for-all-appeals

Thank you, we are appealing sections b, f and I.
The school is an academy, the la advised that they were not naming the complex needs school as we then could not appeal, she said the school is at capacity and they can not make the school find a place for him.
Thanks

If the complex needs school is an academy, the LA can still name it and the school would have to take him.

Ok well looks as though we are going to appeal.
At second round admissions one school came back as not accepted would be incompatible with the education of others, year full, second school came back as not accepted we are concerned about the travel time for the child, it is a second closest complex needs school.

*our not a

Don't bother with mediation, just get the certificate. As Ellie posted, appeal B and F as well as I. They will be written to support a MS placement.

How far away is the second school? It is considered acceptable for primary pupils to travel up to 45 mins.

For the first school, what are the detailed reasons? The bar for incompatibility is relatively high. As is the bar for being full. Being 'full' isn't enough of a reason on its own, they have to prove they are so full other pupils or your DC's needs can't be met or it's incompatible with efficient use of resources.

Have a look at non-maintained and independent schools too. If you have strong evidence to support SS you may find the LA concede if you start talking about more expensive options.

@10brokengreenbottles the closest school came back with the following reason this is word for word
"Not agreed. School is full in this year group. To admit the child would be incompatible with the efficient education of others. Keep on agenda."
Second school is 40 minutes away and as I say our second closest complex needs school.
I have my mediation certificate already, in regards to independent schools there is not one within an hours drive that will take our son, generally due to age, most say minimum age either 6 or 7.
Everyone agrees he cannot go to mainstream yet this is having to go to appeal to get my son the education he needs, we simply do not have enough Sen provision.

40 minutes is perfectly acceptable, the gov guidance is clear on that. That argument won't go down well at tribunal. And, many DC up and down the country travel more than the suggested max travel time for appropriate provision.

Ask some of the questions in this booklet.

If MS isn't suitable ask the LA to provide EOTAS whilst you are appealing.

Do you think that second school (40 minutes away) could meet needs OP?

@Ellie56 the school that is 40 minutes away can definitely meet his needs, I've personally spoken to the head of that school who has said the school can meet his needs. Thank you

Sorry just seen the school that is 40 minutes away has refused a place too. You need to get your appeal in asap OP.

I heard today parents are getting hearing dates for December.

Have you got that in writing? If not email them.

@Ellie56 @10brokengreenbottles we have got a solicitor doing the appeal, however our sons EHCP coordinator has contacted the head of the school that is 40 minutes away as his reason for saying no was due to a concern on travel time she's advised him there is no issue with my son travelling for 40 minutes and she is hoping they will reconsider him.
We haven't got in writing that the school can meet his needs but the reasons for no admission at admission rounds doesn't say cannot meet needs just travel time and the closer school that year is full, would interfere with education of others.

It would still be a good idea to get it in writing.

Since the school is an academy the LA can name it whether the HT reconsiders or not.

@10brokengreenbottles the LA won't name the school they have said it's better for the appeal if they don't name it.

The LA is messing you around because they don't want to name the special school and not because they can't. I assume it's more expensive than mainstream.

@Estan what confuses me is the LA have said if they name the school we will lose our right to appeal, can anyone explain what difference it makes for the LA to name the complex needs school on the EHCP

The LA is messing you around

^^
This in spades.

No, you won't lose your right of appeal if the LA finalise the EHCP with the complex needs school, or any school for that matter. In that regard them naming a SS is no different to naming a MS. You can still appeal section I - it would be wise to appeal B and F at the same time.

Some LAs spout such bollocks.

OP once the Final EHCP is issued you have the right to appeal, whatever school is named, or if no school is named.

www.ipsea.org.uk/what-to-do-when-you-receive-your-final-ehc-plan

Have the LA actually issued the EHCP? If not, they are in breach of their statutory duty to do so by 15 February, and I feel you should take action on this point (afraid I'm not sure where but IPSEA could help you). AS war war torn sceptical SEND parent who has experienced similar lies from my own LA, I would hazard a guess they are playing a game to keep you from appealing. You should have been able to appeal and get things moving in February. You have now lost five months in the process.

@Estan we do have an EHCP in place and we have recently done his annual review, with this the LA sent out a letter giving the right to appeal, which we are in the process of.
What I'm really trying to find out is would it have made a difference if the LA had named a complex needs school, would the schools have looked at his admission differently if the complex needs school was named.

What I'm really trying to find out is would it have made a difference if the LA had named a complex needs school, would the schools have looked at his admission differently if the complex needs school was named.

I am not sure what you mean here.

Prior to the issue of the final plan, the LA should consult with your chosen school along with any others they deem suitable. The schools can say whether or not they can meet needs, but even if they say they cannot meet needs/ they are full etc , the LA can still name the school and they have a duty to admit. This applies to any school except a wholly independent school.

Information here:

www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

@Ellie56 thank you, the reason I ask is is because the LA are saying even if they name my chosen school on the EHCP it doesn't mean that the school will take him, I suppose what I'm asking is if the school was actually named on the EHCP would they be or have been more likely to give him a school place?