What happens if ...

[CompassNorth]

Does anyone know what would happen if we had to move out of borough at the same time as an EHCP is about to be finalised please?

Obviously we didn't plan this.

Long story short: we're in unsafe accommodation with safety risks for our two DC and need to move ASAP. Have been on council's urgent transfer list for 6 months already with no move in sight. Out of the blue, some friends in another borough have offered to rent us a flat cheaply.

So we're trying to work out - what would happen to DS's EHCP if we move now?

EHCP is at draft stage. Our preferred school have said no. Current MS placement won't work longer term and they have said no. LA has another school lined up that we don't think is right for DS.

I know that if DS already had an EHCP and we moved, the EHCP should transfer to the new borough. But what about when it's about to be finalised, but we don't agree with the LA's school anyway, and we'd need to find a new school anyway in the new borough?? Commuting back isn't an option, DS wouldn't handle it.

If an EHCP is finalised and you move LA the EHCP is transferred but the new LA will review it, possibly changing provision and placement - especially if expensive.

If you move before it is finalised the new LA have to decide whether they are going to agree to carry out a needs assessment. In theory you could end up back at the beginning of the process.

Why has you preferred school raised concerns when consulted? Unless wholly independent the LA can still name them, and they must unless they can show it is
" • 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."

Aside from the EHCP your friends should be aware of the potential tax implications of renting a property below market value. And if the friends are family members and you rely on Housing Benefit/UC there may be an issue if you aren't renting at the market rate.

Hi 10green thanks so much for replying.

The idea of having to start a NA again with a new LA from scratch is a bit daunting. It's taken us a year so far due to Covid delays. But more importantly that would mean DS would have to start at a new school in the new borough without funding for any extra support, and I can't see how that could work. I think with the massive transition plus no support he'd crash out again.

Equally I'm worried about the prospect of the new LA potentially downgrading the provision we've fought hard for over the past year.

If we were to find a school we thought would suit him in the new borough, can we ask our current LA to name that school in the final EHCP, ie before we move? What say would the new LA have in it?

We are at draft stage and are expecting our LA to issue the final in the next couple of weeks, naming their preferred school.
Unbelievable timing to get this flat offer.

Our preferred school here have claimed they would be unsuitable placement for DS (utter nonsense so I don't think that would stand up at Tribunal, and the example of his needs they cited to support this at consultation really scraped the barrel) and incompatible with education of others (because their autism unit is supposed to be 2 children per year group and in this particular year group they say they're oversubscribed ie I'm assuming they have 3 in the autism unit). I don't know how valid an argument this would be at Tribunal.

Re flat - thank you for thinking of those aspects - I can't explain the background on a public forum, but it's not family members or anyone related to us. By affordable rent, they mean setting the rent at the LHA level, ie the level that would be covered by housing benefit.

10green To make matters more complicated, our preferred school is an ASC unit embedded in a mainstream. This is why we think it's a good match for DS. However preferred school said it's not suitable for DS because he needs a separate unit that is not embedded. Which is a perfect description of our LA's preferred school, which is a special school for "HFA", it technically is co-located with a MS school but in practise it's completely separate. And whilst DS does need smaller group teaching and extra sensory breaks etc, he doesn't need to be in a special school and that would be a very different cohort and setting than the one we think he needs to fulfill his potential.

The amending and removal of provision is a real concern. A particular problem is altering the wording so section F is vague and woolly. Even with a finalised EHCP when you move LA the new LA can reassess.

If you moved before the EHCP is finalised a new school in a new LA could apply for high needs top up funding whilst sorting an EHCP.

You could try to name a school in the new LA. The same rules apply as for school within your LA, the only reasons the LA can refuse to name your preference are the 3 in my pp - unless the school is wholly independent which isn't the case here. This applies even if the LA in which the school is objects.

The LA can still name your preference despite the school's objections. The bar very compatibility is relatively high. Oversubscribed isn't enough on its own, they need to prove the incompatibility is real. Ask some of the questions in this document.

That's a very convenient reason to refuse, too coincidental imo. SARs to the LA, ARP, current school and LAs preferred school may be illuminating.

@10brokengreenbottles I'm so grateful for all your help, thank you.

I think the SAR suggestion is a good one (I was planning to do one this week to current school anyway and will do those others you listed too, thank you.)

Do you know please of a SAR template for this type of data, or do I just use a generic SAR template and tailor it to include the specifics we want?

Thanks again, really appreciate it.

IPSEA have a model letter you can use, but I think this one is better. When we have previously submitted SARs our letters were closer to this than IPSEAs. We made sure to explicitly specify including information mentioning "Mr &/or Mrs 10brokengreenbottles", "DS1/3's mother/father", "X boys" and "Y" (X and Y being something others frequently referred to DS' as). I recommend you do the same.

@10brokengreenbottles Apologies for my late reply, for some reason I've stopped getting notifications for my threads so didn't see it til
Today.

Thanks so much for that link, really appreciate it.

Can I check - do you mean our letter should list all the different ways they might refer to DS or us as parents? Ie they might try and be slippery and not send us certain bits?

Oh my word, this SEN world we're all navigating ....

@10brokengreenbottles We managed today to visit a small MS school close to where the potential flat in new borough would be. I'd forgotten to prepare myself that basically no school welcomes SEN children with open arms, and I got a bit of a shock when we were led in to meet the HT before they showed us round and HT "put his cards on the table" and said, in a friendly way, that they already have a far higher number of EHCPs than other schools, are full ( albeit acknowledged that doesn't apply to EHCPs ) and although it wasn't what parents wanted to hear, he needed to be honest. He then suggested keeping DS at school in current borough (!) and getting new borough to pay for transport ... wow, what a sharp reminder of the ugly reality we face on behalf of our kids.

It actually looked a lovely school. Lots about it that might work well for DS.

DH just reminded me - it's not up to the HT, if we want DS to go there, he will. I know that's true. But it stings to basically be told they don't want my son.

No, you don't have to list out what school may call DS, his full name is sufficient. However, I have known them to not include references towards parents - hence explicitly stating mother/father/mr & mrs 10brokengreenbottles, to avoid the possible excuse of we didn't know you meant that kind of information. "X boys" and "Y" were because there is a way of referring to my DS' without actually using their name. Sorry for confusing matters.

Once you have the responses cross check the bundles. It's one way of checking you have been given everything. For example, emails between the LA and school should be in both SARs. If it's not you know you haven't got everything.

X posted. That will teach me to not pause half way through without refreshing.

I'm sorry the visit was disheartening. It doesn't sound like the school really has an arguement against DS attending. They are just trying to put you off. I'm not sure you would get transport unless you had a compelling argument for DS staying at his current school, besides which it doesn't sound like it's working there at the moment. I found schools rejecting DS1 the hardest part of the process. Even when I knew the school wasn't right to hear somewhere reject DS1 hit home on a personal level.

Thanks for the tip re cross referencing the SAR bundles, that's a good one. And I'll include the mr & Mrs Compass line, thanks for explaining.

Yes it's personal isn't it when a school does their putting-you-off-show. I'm sorry you experienced that too.

I wonder if next time I visit a school I should take my printed copy of the Sendcop and have it poking pointedly out of the top of my bag