Named Secondary School Advice

[catsandsprogs]

Wondering if any of you have been in a similar position or offer advice.

My son has an EHCP.

The school I named as my first choice for secondary is outside of our local authority but very close to us locally.

We have been offered my second preference but when I asked the local authority why the school I named declined/couldn't meet my sons needs, after constantly chasing and waiting around 2 months for feedback they have advised me that because the school I named did not get back to them with any response they just went with my second preference ( without it seems any chasing or follow up!).

Is this right? Is there anything I can do? It's such a struggle to get any info out of them - just not sure whether to accept this now or realistically if there is anything I can do.

Thanks in advance!

Appeal. Advice is to appeal B&F too as they will be written to support the placement the LA have named in I. Don’t bother with mediation, LAs use it as a delaying tactic, just get the certificate and submit to SENDIST.

Unless wholly independent the LA can only refuse to name your preference if 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.

Being out of area is irrelevant. The LA can, and must, name the school if they can’t prove one of the above regardless of whether the school reply to the consultation or any objections the school has.

after constantly chasing and waiting around 2 months for feedback

Do you mean the amended EHCP has been finalised for 2 months? That would be unusual, but if it is the case, you will be out of the appeal window. You could try to appeal anyway and see if SENDIST will accept your explanation.

Thanks for the feedback both.

We have an EHCP place, this has been in place for well over a year.

We were told to submit secondary choices in July for September this year, they came back to me to confirm what we'd been allocated on 12th Jan, so been discussing the secondary provision just under 2 months - hopefully that makes more sense!

@imitatingdory sorry what does b&f mean?

Section B&F in the EHCP.

By finalised amended EHCP I mean the amended EHCP naming the secondary placement. Legally it has to be finalised by Feb 15th. When was DS’s finalised. That is when the appeal clock starts. If you received the finalised version on 12th Jan you need to move quickly - the deadlines are 2 months from the date of the finalised EHCP or 1 month from the date of the mediation certificate, whichever is later.

Thanks for clarifying.

I'm reading through the Sendist stuff now, it's quite long winded! Do you know how to get hold of a mediation certificate without going through mediation?

The letter from the LA should give you details of the mediation service, contact them and tell them you have considered mediation but don’t wish to actively partake in mediation and would just like a certificate so you can appeal to SENDIST.

Thankyou 👍