The problem with deferring is the developmental gap often widens even compared to the deferred year group, so deferring doesn’t solve the problems many think it will. Which is why some professionals and SEN experts are of the opinion it is better to stay with the chronological year and have SEP in place to meet their needs in an appropriate placement.
We'll have an EHCP sometime next year
Where are you in the EHCP process? Many have to appeal which is taking around a year at the moment, so there’s no guarantee you will have an EHCP prior to next September.
The special schools near me are over subscribed. I've been told there will be children with greater need who will take the places first.
Same with the local mainstream with specialist resource provision. They also heavily implied they didn't want any more SEN children in their mainstream classrooms.
Who told you this? Admissions for those with EHCPs doesn’t work in the same way as normal admissions for those without EHCPs. Unless the school is 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.
Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar is high, higher than an “adverse effect”, “impact on” or “prejudicial to”. Obviously there is a point they can do this, but LAs and some schools like to tell parents there aren’t any places when they can meet the threshold. Unless the school is wholly independent the LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons above.