EHCP - Naming a school that said no at consultation

[Sprogonthetyne]

DS is 5yo and diagnosed with autism, we're at the checking draft & naming preferred school stage of his EHCP application. The LA have consulted with 3 possible schools (these are the only options that fit DS's profile).

Option 1 - SEN school
Option 2 - communication unit in big mainstream (same site as op 1)
Option 3 - communication unit in small mainstream

So far I've seen options 1 & 2, the sen school is a possibility, but options 2 probably not as the size would overwhelm DS, and he wouldn't cope well with the portion of the day in mainstream class (50%). I'm also not 100% sure on the sen school, as it's in the same massive building, and I'm not sure if it would be best for him long term (he's bright but has sensory issues around noise, the class size is what he needs, but he might progress less academicly).

Option 3 could be what he needs, there he could be tought in the unit (small class size) for a bigger proportion of the day to start with, and gradually build up the time in the mainstream class as he gets older. And as it's also only a one form entry outside of the unit, the playground, lunch hall etc are all smaller and quieter.

The problem is I know from the SEND officer that they already returned their consultation, on the day they got it and before I had a chance to talk them. They apparently don't think his needs are significant enough to warrant a place, and he should stay in mainstream (his current school have said they can't meet his needs, and the Ed. Phyc and other schools consulted seem to agree. Section F also says he needs a class of 8-12 for " a portion of the day (I'm pushing for this to be quantified), which a mainstream can't do).

Anyway after trying to brush me off, they have agreed to let me view the school, but I don't know what to do. On paper their provision seems like it could be what DS needs, and if I insisted it be named, the evidence would be on my side at tribunal. However if they don't take DS's needs seriously, would they be any good for him even if I do make them accept him? And if I do decide I want him there should I ask them to reconsider (can they even do that?) Or just tell the LA my choice? Feels like whatever I do I'll be "that parent" from day one.

Has anyone been in this situation? Did the schools attitude improve once the DC was admitted? Or will I be fighting them over everything for the next 6 years?

Unless wholly independent the LA must name your preference unless they can prove:

• 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.

The bar is relatively high. If the LA can’t prove one of the above they must name the school regardless of the school’s objections. There is little point you asking the school to reconsider just name it as your preference. 

For the majority of ARPs the mainstream school should be named in section I and the ARP in section F. For a minority of separately registered ARPs they should be in section I.

Regardless of what the school think of DS’s needs if Section F is specified and quantified as it should be they will have to provide the provision. If it isn’t provide you can enforce the EHCP.