EHCP Special School denied

[Tiny19944]

My child is 4 and starts school in September. He got his Autism diagnosis Letter today and was denied a Special school today by email.
He has sensory issues, non verbal, has trouble walking but very hyper. He can't climb stairs up or down or pull self off floor. He still in nappy, He can't deal with loud noises and loves to bite everything and anyone. He has no sense in danger. Doesn't like to play. But EHCP feels like he can be in a Mainstream school.
I was wondering if I could do a early annual review with all his new evidence to try again or will I have to appeal?

I really feel for you and I hope someone comes along soon who can advise you

If the LA has finalised the EHCP without naming your preferred placement, appeal. Appeal BFI.

You could request an early review, but the LA may not agree, especially since the EHCP has only just been finalised. Even if they agree, it may not result in a change of placement. If the LA would change their minds via an early review, they can concede an appeal.

Has the LA named the placement for primary school or only for now? If the latter, the LA must finalise the EHCP with the primary placement by the 15th Feb and you can’t appeal the primary placement yet only the current placement.

There was no placement on the school settings. His review was done in July, but because he needed a school down before September. I asked early October If i could request a Special school, no Mainstream school and found out yesterday it got denied. They asked if I wanted to give anymore evidence at the start but thought they had it all till I looked at his EHCP and only see half.

If this is an existing EHCP and DS starts school in September 2026, you should have had a phase transfer review this term. If that hasn’t happened, you need to contact the LA urgently. This is very important in order for the phase transfer EHCP to be finalised by 15th Feb. From your OP, I thought it was a new EHCP, but if you had a review in July, it can’t be. Some LAs try to use the AR in the year prior to the phase transfer as the phase transfer review, but they shouldn’t. The law is clear. It must happen within 12 months of transfer.

If you have only just been informed of the outcome following July’s AR, the LA has not stuck to the timescales. If you had an annual review in July, the following should have happened:
Within 2 weeks of the review meeting, the report should have been circulated.
Within 4 weeks of the review meeting, the LA should have informed you if they were going to amend or not and if they were, sent you the proposed amendments at the same time. This is when you can comment on the amendments and state your preferred placement. You don’t need to ask for permission to request a special school and not a mainstream school. Ignore the LA if they tell you otherwise.
Within a further 8 weeks, so a maximum of 12 weeks from the review meeting, finalise the EHCP.

Section I on drafts must always be blank. If there is no placement on the finalised EHCP, is section I completely blank or is there a type of placement but no specific placement?

Placement is blank

I didn't hear from July. I emailed the EHCP letting them know I wanted a special placement in October. The higher ups looked at his EHCP and denied.

I know the placement is blank, but is the type of placement also blank?

The LA has not followed the correct procedure following July’s AR. It is unclear whether you have the right of appeal currently or not. If you have the formal letter from the LA giving you the right of appeal, you should appeal. If, as I suspect, you don’t have the right of appeal yet, you need to remind the LA of the AR timescales.

You also need to chase the LA ASAP for a phase transfer review.

It would help you to read IPSEA and SOSSEN’s websites so you can learn more about EHCPs and the law surrounding them.

The type of placement is bank too.

So if section I is completely blank, do you currently have an EOTAS/EOTIS package? The LA still has a duty to ensure the provision in F is provided.

If you now want a special school placement, you need to appeal if you currently have the right of appeal or contact the LA about the breach of the timescales if you haven’t formally got the right of appeal yet.

Alongside this, chase the phase transfer review if DS is due to start reception in September 2026.

Your OP said the EHCP feels like he can be in mainstream, but now you are saying otherwise and section I is blank?

He is being home schooled at the moment with a teacher who comes every 2 weeks.

This was suggested while waiting for school because of his walking issues and being none verbal, sensory needs.
I don't know if I need to wait for a letter to appeal only heard Friday by email.

What is an EOTAS/EOTIS package?

I'm going to contact his Pediatrician and see if she could do a written letter about his needs.
I've also contacted my older son Senco to see if she can help because she met my youngest on multiple occasions.
I'm also going to ask his home teacher when I see her next.
I'm hoping they can help.

Go back to the email and see if there is a letter attached giving you the right of appeal. If you read it, you should know if it is the formal letter giving you the right of appeal.

EOTAS is Education Otherwise Than At School. EOTIS is the same but with In. It is education provided by the LA under section 61 of the Children and Families Act 2014. It is for when it is inappropriate for provision to be made in a school.

If you want the LA to make provision, it is important you are clear with the LA you are not electively home educating. They need to provide any provision detailed, specified and quantified in F of the EHCP. Go back to the LA and ask how they intend to do that because a teacher visiting once every 2 weeks is not sufficient.

At the minute, the LA has no incentive to name a special school because they are getting away with providing hardly anything.

I would be careful relying on the SENCO or the teacher who visits. Many of these will be schooled in LA policy rather than the law.

By all means ask the paed for evidence, but for an EHCP appeal, evidence from EP, SALT, OT, physio will be more helpful.

There was no letter attached. He has Speech and Language, his been referred to OT and Physio.

He was seen by ET once when they started his EHCP and hasn't seen one since.

Thank you for all this. It's been very helpful

If you don’t have the formal letter giving you the appeal rights, you can’t yet appeal. You need to chase the LA, reminding them they are in breach of the statutory timescales following the AR. If chasing doesn’t work, you need a pre-action letter.

You didn’t need a normal OT and physio referral. If they were required, assessments should have been part of the EHCNA and ongoing provision included in F of the EHCP. That way you don’t have to sit on the normal waiting lists. When you appeal, you should look at this, seeking independent assessments if necessary.

EP input/providing updated advice and information during the annual review process can be written in F of the EHCP. This could also be something you look at as part of an appeal.

I emailed the EHCP like you said and asked for a Phase transfer and they are going to do one. Thank you so much 💓 ☺️

OP, I did a subject access request on DD once. Among the papers I received was the report, given to the panel for a decision, regarding either the provisions or placement in her statement (now EHC plan). It was one side of A4, written by the SEN officer with a few lines on her needs - and they weren’t spelt out in black and white! (DD had severe needs and ended up in a specialist school at 10)

I wouldn’t count on the panel having read all DC’s papers at all!