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Annual Review/Transition Meeting

4 replies

KisstheTeapot14 · 18/08/2020 21:24

EHCP in place since mid spring, DS not at school so we have been doing provision. When should we have annual review/transition meeting to look at what secondary provision would meet needs?

We know what school we would like and they say they can meet need.

LA talking about making amendments before they name a school.

Currently he has quite a lot of 1:1 at mainstream primary (as in his EP report from Y5) but the setting we want has small classes/specialist teachers. Mainstream school says they can meet need but I really doubt it - think it's a set up to fail and would damage his self esteem (which we/primary school have preserved by some miracle he has quite complex learning needs)

Maybe we should push for EP to comment on appropriate setting?

I don't know how to navigate this, so any help would be gratefully received.

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Ellie56 · 18/08/2020 23:12

@KisstheTeapot14
The transition review should take place in the autumn term. Under SEND Regulation 18, the LA has a legal duty to review and amend the EHCP to name the secondary school by 15th February 2021. You need to make sure the LA stick to this legal deadline so if an appeal is necessary, it will be heard in good time and well before September.

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

It sounds as though you are looking at specialist provision. If it is a maintained/non maintained special school, an academy or a section 41 school you have a right to ask for it to be named on your child's final plan.

The only reason the local authority can refuse the request is if:

  • 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.

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

If it is a wholly independent school you have to prove that it is the only school that can meet needs. In this instance you may need to get professional evidence to back up your choice of school.

KisstheTeapot14 · 19/08/2020 11:08

Thanks Ellie, it's a mainstream school but with an enhanced resource unit for children with SEN/working 3 years behind.

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Ellie56 · 19/08/2020 11:22

Then under section 38(3) of the Children & Families Act 2014 you have every right to ask for that school to be named in the plan.

As I said before make sure the LA sticks to the regulations and issues the final EHCP by 15th February next year.

KisstheTeapot14 · 15/09/2020 11:17

Have been contacting the various professionals involved with DS for the Transition/annual review in a few weeks' time.

Email from Ed Psych yesterday saying school would have to pay for her to be there!

A. I can't see them doing this when its his last year and their budgets are very minimal to fund even assessments for children.

B. It's to do with an EHCP process - surely the LA (who presumably pay her to start with) should fund her working hours to attend this?

I don't think its a legal requirement for her to be there but I just thought the more diverse views on his needs for secondary the better.

So far we have 2 SENCOs, maybe physical and visual team members, SALT, us and LA case worker.

TBH DH wonders if EP may not advocate greatly for our placement - as any LA staff we have talked to (SSSEN for example) seem to have been told not to express opinions about placement.

So perhaps no great loss if we don't get her to sit in.

I just thought it was a bit mad that school would have to pay!

Anyone else experienced similar?

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