School and case worker won’t tell me response - can I get the info via Data Subject Access Request?

[PortUmber]

Hi there. My DS has recently been given an EHCP and is due to start reception in September. It’s now a different admissions process, the school gave their response to the EHCP admission request on the 17th May - but won’t tell me what that response was. Also his case worker won’t tell me as the decision is not finalised.

I really want to know what the response was, because if they are trying to not take DS, I’d rather change the choice of school placement on his EHCP. I’ve had far better responses from his mainstream application (different school) - although he may not be going there due to a different school being stated on his EHCP. I don’t want him to go to a school where they are being difficult about taking him. It’s a faith school but our closest school which is why I requested it in the EHCP. We are not of that faith and the school normally takes 100% of that faith.

So my question is - can I force the school/case worker to tell me the response via a Data Subject Access Request?

@SimilarToAClockShape
@ThomasWasTortured

Thank you for your wisdom again.

So preschool are going to chat with school to say they think he’ll be fine in mainstream. The issue is that there is a mention of a high coin unit in his EHCP. I’m bloody annoyed with myself that I didn’t correct this. The coin unit was an enquiry initiated by me as I didn’t know what they were/whether they were suitable. However it states on his EHCP that I’ve “considered high coin unit schools”. That’s not the case - and I didn’t realise what a massive impact that statement could have. I’ve never contacted one - I just asked what a coin unit school is.

The issue could also be the 20hours. They may want his EHCP changed to state more hours.

One question : his mainstream placement was given on the 15th Feb, is that DEFINITELY annulled now he has got an EHCP (panel agreed on the 4th April). If so, at what point did that get annulled? Surely his mainstream placement should still be required by law until his EHCP placement is finalised. When I appeal - should his mainstream place still be valid?

The LA can name the school even if they object.

his mainstream placement was given on the 15th Feb, is that DEFINITELY annulled now he has got an EHCP (panel agreed on the 4th April). If so, at what point did that get annulled?

The EHCP overrides a placement given via the normal admissions procedure. However, your mention of 15th February suggests the placement already offered has been offered via the EHCP process as the National Offer Day for primary was 17th April. If the place was offered via the EHCP process it should be in the finalised EHCP. A mainstream place offered via the normal admissions round would stand until an EHCP was finalised.

Surely his mainstream placement should still be required by law until his EHCP placement is finalised.

You said the EHCP has been finalised. A mainstream place offered via the normal admissions round would stand until an EHCP was finalised.

When I appeal - should his mainstream place still be valid?

The EHCP is legally binding once finalised and stands whilst appealing.