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

Unless the school is wholly independent, which isn't the case here, if a school is named in the EHCP they have to admit the child.

@10brokengreenbottles thank you,

This is where I'm getting frustrated because the LA are saying even if we name the school on his EHCP it doesn't guarantee they will take him, but we know the school that is 40 minutes away has space, we know it can meet his needs so surely if they name it on his EHCP they would have to admit him.
I truly do not understand why they want this to go to appeal, they have told me themselves the LA that we will win.

This sounds totally bonkers.

It sounds to me as though your LA haven't got a clue what they are doing. Are you dealing with somebody new to the job? If so ask to speak to their manager as this is ridiculous.

Section 43 of the Children & Families Act clearly says that a school has a duty to admit if it is one of the following types of school:

(a)a maintained school;
(b)a maintained nursery school;
(c)an Academy;
(d)an institution within the further education sector in England;
(e)a non-maintained special school;
(f)an institution approved by the Secretary of State under section 41.

www.legislation.gov.uk/ukpga/2014/6/section/43

Assuming the school you want is one of the above type of school (ie not wholly independent) they have to admit if they are named on the EHCP. They might not be happy about it, but legally they have no option but to admit.

What does your solicitor say? Surely they can sort it out? Although I assume your appeal will still go ahead for Sections B and F?

@Ellie56 this is exactly what I've been saying to the LA, but all I keep getting back is even if we name the school they don't have to admit him, I understand that for the closest school this may be true as they have said to admit the child would be incompatible with the efficient education of others, year is full.
However the next closest school did say the same at first round admissions, but not at second round admissions as I said before they just said at second round admissions concern that the child will not be able to travel 40 minutes each way, the LA have contacted the head to advise we feel he will be fine with the travel and that there is only 10 minutes difference in travel time from the closest school. I was told yesterday the head will not look at an admission for him until November admissions round which just seems ludicrous.
The coordinator we have has been doing the job for years and she has told us that her manager will not allow her to name a SS as we requested.
We have only recently made contact with the solicitor and they are due to call to discuss further, however I have spoken to ipsea they said this is baffling.
Sorry for the rant, I truly appreciate everyone's help and advice.

Then it looks like they have some unlawful LA policy whereby they purposely string things out for as long as possible so they don't have to pay out for a special school.

Lots of LAs have unlawful policies and procedures. They think they trump the law and they don't.

Once your appeal is registered ask your solicitor about expediting it as this is a phase transfer and your son has no school for September.

@Ellie56 I have received a letter from the LA stating I asked for a mainstream school to be named this is completely untrue I have asked for a complex needs school to be named.

I may be too cynical, but I think the LA know exactly what they are doing.

Despite the nearest school claiming to be full, if the LA name them they have to admit.

Make sure you challenge their claim in writing. This is why everything needs to be in writing by following up phone calls with emails.

Check section F carefully. I imagine if they are trying to place in MS rather than a complex needs school provision is vague or missing, because it's highly unlikely they can find a MS that's says it can meet DS' needs if the provision is specific and quantified.

@10brokengreenbottles thank you, I just seem to go round in circles with the LA. I have replied to there letter in writing (email), I have never requested a mainstream school to be named, I requested a complex needs school, the LA advised a mainstream has to be consulted with and asked me to name which mainstream that's where it starts and ends, the LA named the mainstream as they said they cannot name a complex needs school.
I have in an email from the head senco of the named mainstream school stating that they will struggle to meet certain needs that are in my sons EHCP, one of those being that it states he requires a safe space, basically an empty room with pillows, the mainstream named have advised they do not have a room available for this, is this not negligence on behalf of the LA to name a school who openly admit they cannot meet the needs stated in his EHCP. I spoke to his coordinator about this today, I said to her I would not go out for the night and leave my children with someone that is incapable of looking after them properly however the LA is asking me to send my son to a school that cannot provide proper care to my son.
The issue is because I am waiting for a solicitor to put the appeal together whom are saying they won't have the appeal ready to submit until around mid august the LA are questioning why I have not yet submitted my appeal and think I'm basically blowing hot air.

Has the appeal been registered yet @JessicaKenny2018?

@Ellie56 no the solicitor has said they will lodge the appeal on the 21st of august

No, get it submitted ASAP. Waiting just delays DS being placed in an appropriate setting.

Also, when did you get the letter from the LA? You already had the mediation certificate on the 19th July. So, unless you got the letter the day you posted this thread you risk missing the deadline. 2 months from the date of the letter or 1 month from the mediation certificate whichever is later.

Our deadline is the 24th august, the solicitor is saying appeal will be submitted on the 21st of august, my solicitor is saying just wait but it's really concerning me leaving it so close to the deadline.

I agree with 10brokengreenbottles. I was told by a very reliable source earlier this week that parents weren't getting hearing dates until December. You won't get a hearing date until next year at this rate.

Ok so I guess the way forward is to submit the appeal myself and then let the solicitor submit the legal parts at a later date.

Certainly the earlier you register the appeal the sooner you will be allocated a hearing.

Information here:

www.ipsea.org.uk/appealing-to-the-send-tribunal

I'm sitting with the appeal paperwork in front of me and maybe I'm overthinking but I don't even know where to begin even on reasons for appeal ridiculous I know

Have a look at the link to IPSEA Ellie posted and also SOSSEN.

Your main focus should be MS isn't suitable, that you have evidence of that, and particularly why the named MS isn't suitable. Try to challenge the nearest school being full, and highlight the second nearest is within the recommended travelling time.

Also cover any needs that aren't in B, and any provision for the needs in B (and those you think should be in B) that isn't in section F.

Try to include the relevant information but keep it concise, don't waffle on.

@10brokengreenbottles thank you.
How do I go about challenging the nearest school being full? On the .gov site they show they are oversubscribed by 5.

Look at the IPSEA appeal booklet.

What detailed reasons have the LA provided of exactly how admitting DS is incompatible with the education of him, others or efficient use of resources? Pick their statements apart.

Have the school previously been more oversubscribed? If so, what is different now? (Many SS are oversubscribed by way more than 5.)

How many classrooms do they have?
How many therapy rooms?
Staff ratio?
Class sizes?
What do they provide now that they wouldn't be able to if DS was admitted?
Have they had any building work done since their net capacity was set?
Is their net capacity towards the maximum or minimum workplaces. (The net capacity is normally somewhere between the 2 figures)

How many incidents have they had in the last year which were attributed to overcrowding or over-subscription? If they have previously had more pupils on their roll also substitute "the last year" for the school year they were more oversubscribed.

Do OFSTED or their prospectus/website mention anything about space etc?

@10brokengreenbottles this is exactly it the LA haven't given reasons why, the LA have basically told me to take them to appeal because they cannot provide him with a SS place as there are no spaces, and the LA are saying they totally agree that my son needs a SS.
Also where do I find out about previous school years with the schools as in pupils admitted etc? The closest one hasn't had an ofsted yet. Thank you

So explain the LA have stated the SS is 'full' but haven't stated why admitting DS is incompatible with the efficient education of DS or others or that it would be inefficient use of resources. Add in MS isn't suitable for DS and include any evidence of that. Also include any missing or vague needs or provision, and if you would be happy with it that the second nearest school is within reasonable travelling distance and hasn't stated they are full.

Ask the LA/school for any info you want. If necessary you can add further evidence after you've submitted.

Consider submitting a SAR request to the LA.

Thought I would update so we got a solicitor in the end, got a tribunal date for December however in the meantime the LA have offered our son an EOTAS education as he remained at preschool as the mainstream school he was on roll with said they were unable to meet needs, preschool started struggling with behaviour and LA felt it was a safeguarding issue so he will begin EOTAS now and our local special needs school have agreed to offer him a placement for September 2021 so thankfully didn't get to tribunal.

If you are agreeing to EOTAS make sure the package includes any therapies or other provision that are in section F.