naming school on ehcp

[Onmyownwith4kids]

After a long fight and two tribunals I have an ehcp for my 11 year who has severe dyslexia and is around five years behind. The ehcp ignores the advice of my private report and the judge in the tribunal saying he needs a high level of specialist support. I have named a specialist school for his secondary education. Although they will consult them it's clear they don't want to name it. I have spoken to one of the Schools they are consulting. They say his needs are too great and they will be telling the council that. If both mainstreams turn him down what happens. Will the LA simply look for another one or will they be forced to name my specialist choice. I can't bear the stress of another tribunal. How long do they have to complete the plan with the named School. The draft was approved by me a week ago. Would be so grateful for advice or experience anyoone else has had

The ehcp ignores the advice of my private report and the judge in the tribunal saying he needs a high level of specialist support.

Can I clarify ^^ this? Are you saying the draft EHCP goes against the tribunal ruling? Was the tribunal for refusal to issue or about content? If it was about content the EHCP should be amended within 5 weeks. If it was for refusal to issue you should receive a draft within 5 weeks and the finalised EHCP within 11 weeks of the order.

Unless your school preference is wholly independent the LA can only refuse to name your preference 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."

Even if both MS say they can't meet DS' needs the LA could still name one, or name another MS. If they do name a SS it may not be your preference, especially if your preference is expensive.

the tribunal was refusal to issue. The judge said the LA had no understanding of my son's need and it was clear he needed the provision in my EP report which was specialist teachers and a specialist placement. I went to a production meeting for the ehcp last week. They have replaced specialist teacher with "support worker with experience with dyslexia." They have refused to specify whether this means training and are being deliberately vague. I want More House which is not one of the expensive options but obviously more than mainstream. I approved the draft as I do not want to waste any more time and it's clear they are not going to budge. They told me in the meeting that a tribunal would be my only option. I am just hoping that with the negative response from the mainstream they are consulting they will be more receptive to my idea. They are also consulting a local independent special school and I do not understand why. The fees and transport would be more than my choice and it is not suitable for him. When I won the tribunal to get the echp I was so please. The judge was very critical of them in her comments so I thought they may take notice of that. Now on to another stressful battle!

It sounds as though another tribunal for content and placement is unavoidable. Push the LA to finalise then appeal B, F and I. A vague, woolly EHCP isn't worth the paper it is written on and is unenforceable. It is easier to ensure it is specific and quantified from the outset than try to rectify it later.

Have More House offered a place? Unfortunately, it isn't a section 41 school. However if you can prove the schools the LA proposes can not meet DS' needs or it wouldn't be unreasonable expenditure you stand a very good chance at tribunal. If you can prove both all the better.

Thankyou. Yes he has a place at More House. I think you're right. Tribunal will be inevitable. The ehcp has been written so he fits into mainstream but the Schools they have approached have seen through it!