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no school on ehcp

3 replies

Onmyownwith4kids · 13/04/2021 00:02

My son's final echp arrived today, I had named a specialist school as my parental choice. LA consulted two mainstream schools.Both gave a long list of reasons why they could not meet need. Both say specialist placement needed. LA have now named no school. Just mainstream school. I am about to appeal.My third appeal to sendist but surely they do not have a case. My son is going to secondary school with no school named. Can they really do this I am so upset

OP posts:
Ellie56 · 14/04/2021 18:37

@Onmyownwith4kids

If they have no school to name, yes they can name a type of school. But it doesn't look great on their part.

And if two MS schools have said in great detail why they cannot meet need, it is likely others will say the same. I would appeal straight away.
Advice here:
www.ipsea.org.uk/appealing-to-the-send-tribunal

But if your LA has only just finalised the EHCP and this is for a transition from primary to secondary in September, they are in breach of SEND Regulation 18 as the plan should have been finalised by 15th February at the latest.

Also although your son doesn't have a school named on his plan the LA still has a legal duty to arrange all the provision in Section F . (Section 42 Children & Families Act 2014). So if he has no school you can complain about the lack of provision.

www.ipsea.org.uk/complaining-when-the-provision-in-an-ehc-plan-is-not-being-made-model-letter-6

SENoldhag · 20/04/2021 13:53

Have you visited the SEN school and asked if they have received the paperwork for consultation?

Nith · 23/04/2021 08:26

Make sure you appeal against sections B and F as well as I. They will have written the EHCP so that a mainstream school can deliver the provision in F, and you need it to specify that the support required is of a type that can only be delivered in a special school. However, you will need professional evidence, e.g. from an educational psychologist, to support that.

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