Ehcp - help with LA

[Cutie101]

My daughter has an EHCP. It specifies she needs smaller class sizes amongst other things. She was EBSA at previous school. We looked at other mainstream options but couldn't find anywhere with class sizes smaller than 30. We moved her to a private school with smaller class sizes. A few weeks in it's going really well....however LA have said her needs can be met at mainstream and will not find the school at all (we have offered to split the cost). I have asked them to tell me which mainstream has smaller class sizes. They can't name one and suggested the most local school which has a horrendous Ofsted report from June 2025 which highlights high absence rates for children with SENd and lack of support, so for a child with EBSA it's definitely not the right school. I have asked for mediation ahead of going to tribunal, but what are my chances of getting the school part funded (if I have to go to tribunal I will be pushing for full funding).?

Is smaller class sizes detailed, specified and quantified in F? Or is it vague and woolly with wording such as “would benefit from”, “access to”, with “smaller” being defined? Unless the provision is detailed, specified and quantified, it doesn’t have to be provided.

In a minority of cases, some LAs will occasionally come to an arrangement whereby the LA will fund the special educational provision and parents pay the standard fees. Such arrangements are less common than they once were. However, they don’t have to, so most of the time they will say parents are making suitable alternative arrangements, thereby relieving them of the duty to fund provision.

The best way forward is to secure it in section I. Then the LA is responsible for the cost.

I would just press ahead with going to tribunal. It’s a personal choice, but IME, mediation just serves to prolong the process. You can ask for a mediation certificate which you send along with the tribunal paperwork. Details here https://www.ipsea.org.uk/mediation-what-you-need-to-do

If her EHCP specifies she requires small class sizes and you have the reports evidencing this, then I don’t see how her needs can be met in mainstream in a regular size class and the LA are trying their luck. With regards to the LA part-funding, this is an option they might try to negotiate at the last minute right before any scheduled tribunal.

As @flawlessflipper states above, her needs and the provisions to meet them detailed in her EHCP must be properly quantified and specified. Any ambiguity in language will be treated by the LA as more of a ‘recommendation’ or ‘preference’ rather than a requirement.

I also wouldn’t bother actively partaking in mediation, especially for a BFI appeal. LAs use it as a delaying tactic. If they were going to concede, they can concede an appeal.

Any ambiguity in language will be treated by the LA as more of a ‘recommendation’ or ‘preference’ rather than a requirement.

@zen1 has put it perfectly. So many EHCPs are unenforceable because the wording is poor. Unfortunately, some parents don’t realise the wording isn’t watertight until they try to enforce it and can’t because it says ‘opportunities for’, ‘where possible’, ‘where required’, ‘likes’ or the wording means it doesn’t actually mean small class size but can be provided within a smaller group within a larger class.

You don’t say how old your DD is, OP. If secondary, another consideration is setting/nurture groups. I have also seen LAs try to rely on small bottom sets or nurture/transition groups at secondary to provide small class sizes even when this isn’t appropriate. Similarly, sometimes LAs try to rely on ARPs to deliver small class provision even when the ARP isn’t designed to provide 100% of provision in the ARP. The LA isn’t successful when challenged but, sadly, not all parents challenge the LA’s decision so from the LA’s PoV it is a successful strategy.

It isn't quantified but it does say that the teaching needs to be at her level (she is an able pupil so being with children working below age related expectations wouldn't be suitable for her). It says she needs "will have access to a nurturing, low- stimulation learning environment within the school setting with access to smaller class teaching.". I'm not aware of mainstream schools that have access to this.

Unfortunately, that is too vague and woolly. “Access to” needs amending. “Smaller” needs defining. “Within the school setting” doesn’t mean within class.