All schools nominated on our EHCP have said no

[ButterscotchWhip]

Hello,
Wondering if anyone can advise.
My DS is four, autistic and non-verbal. He was diagnosed about 18 months ago. We pay for OT & SLT. His nursery are generally supportive. We're in London.

The SENCO spoke to us about applying for an EHCP for primary school (he'll start reception in September) and she sent the letter off, at the same kind of time, about five-ish months ago. Fast forward to now, and 2/3 weeks ago we heard not only has an EHCP been granted but DS has the highest band of support due to a pretty significant level of need. I was relieved about this result.

Late last year I visited ten local primaries and spoke to many SENCOs. The most obvious choice was a lovely mainstream school with an autism resource base. Entirely understandably, the ARB places are limited. We also liked two local, small, inclusive schools and both SENCOs were kind enough to speak privately to me and DH, confirming they were have autistic children in the school community and are very familiar with EHCPs etc. They thought he sounded capable of doing well in their settings.

With our EHCP in draft, our case worker nominated the ARB school as our first choice, with the other two as backup. All have said no in response to consultation. The first school say they don't have space and the other two have said they can't meet my son's needs. I'm crushed, tbh. Our case worker is 'very surprised', which is not wildly useful but sort of appreciated. Apparently the SENCO at one of the other two little schools (who we had such a nice chat with) is upset on our behalf (possibly because my DH said I'd be chairman of the PTA! but that's a side note. Trying to lighten the mood here I guess). The case worker has alluded that other children with EHCPs simply got in there first with their consultations to these three schools.

I realised a few weeks ago that our SENCO started the ECHP process late. I do realise I cannot lay blame entirely at her feet here - he's my son - but I didn't know anything about EHCPs whatsoever until recently. DS is our first child. We don't know any autistic people other than him and it's been a steep learning curve. I'm very disappointed it was started so late, but I can't go back in time, so that's that.

His current school have said they would take him for another year in nursery, so we could possibly do that and then try to get him into the ARB school next year. Not sure if that's a good move or not. For context, the nursery he's at is attached to a private school who are quite snobby and wouldn't take him into primary anyway.

Any advice? I have rung special schools today and they are all full and have waiting lists so consultations with them seem futile.

Push the LA to finalise the EHCP ASAP and then appeal (when you do let SENDIST know it is a phase transfer appeal as they are prioritised). If they are in breach of the statutory 20 week timescale email the Director of Children’s Services threatening judicial review. If that fails contact SOSSEN for help with a pre-action letter.

Unless your preferred school is wholly independent (are any of the schools you have spoken to wholly independent?) the LA must name it unless the LA 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, far higher than many LA’s claim. It is more than an “adverse effect”, “impact on” or “prejudicial to”. Unless the school is wholly independent the LA can, and must, name the school regardless of the school’s objections unless the LA can can prove one of the reasons above.

SALT and OT should be in F of the EHCP and therefore funded, so once finalised you shouldn’t need to pay for them.

@FloatingBean Thank you very much. Really appreciate your response. I've confirmed in writing my choice of school as I feel galvanised today to push for it (also, the deputy head told me their resource base wasn't quite full only a month ago, and that there was one official space left, so even if that's been taken I refuse to believe they're fatally stretched) and I think the final EHCP is due today. I'm not sure if they're in breach of 20 weeks but I believe so.
If they won't name my choice of school I've got a letter ready to go via IPSEA templates, and the director's email address to cc him in.

My case worker's phone number is as of today 'not recognised'. Great.

If the LA are in breach of the statutory timescales do threaten JR and if it doesn’t work contact SOSSEN for help with a pre-action. Don’t delay as you need the EHCP finalised ASAP in case you need to appeal.

For most ARPs the mainstream school is named in I and the ARP detailed in F.

@ButterscotchWhip sorry to hear you’re going through this, it’s so stressful.
I’m in Wales so processes slightly different, but we got turned down for the specialist unit in the school we applied for, and we appealed the decision. We submitted a very detailed appeal, with letters from SALT, EP and Paediatrician.
We won the appeal and since accepted a place in the “full” unit.
DS is my first child too, so understand it’s all brand new, we have been extremely lucky to have an amazing pre-school who have supported every step of the way I’m understanding the processes.
Keep fighting, put in the appeal, if turned down again, get advise on taking it to tribunal.
Good Luck!

Appealing the content and placement in the EHCP is via the Tribunal. They aren’t separate processes.

@Frustratedandmotivated Thanks for this, and congratulations on winning. The appeal process sounds stressful and I’m very pleased they listened to you.

I’ve had some great news: the LA re-consulted with our first choice resourced school and they’ve commissioned a placement for DS! Am delighted.

@ButterscotchWhip that’s amazing news!