EHCP help please - preferred specialist school isn’t being discuased

[Ibytam]

I’ll make this short as honestly I’m desperate for some help. My son has had his EHCP in place since last January. We have endured a whole year long battle to get them to amend it to say he needs to attend a specialist school.

We are STILL waiting for it all to be sorted now, 3 months later. There is the perfect school 8 minutes drive away from us, they HAVE a space for my son and have said they can meet his needs yet they aren’t being discussed at panel? Instead a school 48 minutes away is? I am honestly baffled.

Our SEND key worker emailed me the beginning of March stating herself our preferred school had space, I have also since rang said school and they told me they’re aware of my son and are waiting for the LA to sort it all out. I am totally mind blown why this school isn’t being put forward to be discussed at panel?

Why do we even get a chance at writing our preferred school if it isn’t even going to be discussed? Please can anybody help because I’m just at my damn wits end with this now.

Is your preferred school wholly independent? If not, 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 to prove one of the above is high.

However, this doesn’t stop LAs refuses and forcing parents to appeal.

Don’t let the LA drag this out any further. If stringing you along works, they will continue to do so. When was the annual review meeting? The LA must inform you if they are going to amend within 4 weeks of the meeting. Then finalise within a further 8 weeks. If the LA finalises without naming your preferred placement, you should appeal.

Remember, it isn’t about the perfect school. There is no entitlement to the best possible education.

How old is DS? The maximum recommended travel time for primary is 45 mins. Although some do travel further.

My son is 5! I don’t feel comfortable sending him off 50 minutes away every day, it doesn’t feel right to me 😩

Our preferred school is an independent school but so is the school they are discussing so I actually don’t understand it. They have dragged this out far longer than 8 weeks for sure, it began last July.

I have written a fairly lengthy email back, I have a friend who’s son attends the school we prefer and she had to fight also so just sort of getting some advice off her and what she had to do/say etc.

I cannot believe how hard all of this is, if we have to appeal then we will because this all doesn’t sit right with me. A 5yo shouldn’t be sent to a school 50 minutes away when a school with a place is 3 miles down the road! 😩

Is your preferred school wholly independent or a section 41 independent?

When was the AR meeting?

I am pretty sure it is wholly independent and not under section 41. Is this not good? 😩 I’m tired of fighting, I really am.

The annual meeting took place last August. I was only emailed the outcome at the beginning of January.

Was the decision you received in January the decision to amend/amendment notice? If so, the LA is in breach of the AR statutory timescales. Email the Director of Children’s Services - IPSEA has a model letter you can use. If this doesn’t work, you need a pre-action letter - SOSSEN can help with this, but there is a wait so you may want to look elsewhere. When you say you received the decision in January, you don't mean you received the finalised amended EHCP, do you?

You have a right to request a non-wholly independent school and there are very limited reasons the LA can refuse. This doesn’t apply to wholly independent schools. Although you can still ask for a wholly independent school and your wishes/views should still be considered. You will need to show the LA’s proposed school can’t meet needs &/or it isn’t unreasonable public expenditure. Also, non-wholly independent schools can be named even if the school objects. Whereas, for wholly independent schools, you need an offer of a place - sounds like the school is willing to offer DS a place.

Take a three-pronged approach to your case for your preferred placement.

1. Point out the maximum recommended travel time for primary is 45 mins.
2. Compare the schools. Look at how the LA’s proposed school can’t meet needs. At the same time show why your preferred school is appropriate and can meet needs.
3. Compare costs. The cost of independent SS varies massively. One way of securing a wholly independent school is by showing it isn’t unreasonable public expenditure. So, look at how the costs, including transport, compare.