Ehcp and no placement.

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We had our ehcp issued last month and DD has to start school in January as she is now 5 and we have already deferred. The ehcp was issued with no named setting and the La have stated mainstream with specialist unit. I believe they are struggling to find somewhere and have consulted 3 mainstreams 'just in case'. I've spoken to all 3 and I'm pretty sure they've all said they can't meet need. We asked if they would allow her to stay at nursery as alternative provision but they've finally come back today and said no she will be forced to go to a mainsteam school for alternative provision if they can't locate a specialist unit.

I want to cry. My poor child is going to have to leave where she is safe and happy for somewhere that won't be able to meet need and then move again whenever they find somewhere. If they do.

Is there any way we can have the funding paid to us to arrange alternative provision? Nursery where happy for her to stay and have outside help sourced.

We have already lodged an appeal for B F and I

Have you requested an expedited hearing?

For most specialist units, the mainstream school is named in section I and the provision provided by the unit included in F. This is because most units are not separate registered establishments. Do you have a unit in mind? If so, check if they are a separate institution or not.

If you haven’t already, ask the LA in writing how they intend to fulfil their duties under section 42 of the Children and Families Act 2014 and their duty under section 19 of the Education Act 1996. If mainstream is named as type, also remind them case law dictates they should normally name a specific placement.

A mainstream school isn’t alternative provision.

The LA is unlikely to agree direct payments for provision not included in F. Some LAs will occasionally agree DPs for s19 provision, but it is likely to be limited. The LA is also unlikely to agree funding if you choose to make your own arrangements.

The appeal was only registered this morning but also I'm not sure we are entitled to have it expedited as my understand is we aren't in a transfer phase.

They keep saying they are still consulting and that it will be done soon but that if the can't find a place in a specialist base alternative provision can be provided by a mainstream school so I do believe that's what's going to happen.

They are refusing to tell me which bases they are consulting with. We don't want a base we think the EHCP leans towards specialist which is part of why we are appealing.

I am panicking as theres only one week left of term before christmas and at this rate we aren't going to know what's happening until the new year.

You aren’t in a phase transfer year, but you can request an expedited hearing on the basis DD is not in school. Wait until the LA’s response, then request an expedited hearing using a SEND7 not forgetting to seek the LA’s views first,

If the LA is being evasive about who they are consulting, contact all possible units within travelling distance. Provide them with an accurate picture. Speak to the SENCOs if they will speak to you. I would do the same for any MS you know have been consulted or suspect may be consulted. In a few weeks, I would submit a SAR to the LA.

For non-wholly independent schools, 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 for this is higher than many LAs admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. Although it doesn’t matter so much if there is space in a unit or not if your preference is SS.

Alternative provision isn’t provided in a mainstream school. Mainstream schools are, by definition, not alternative provision. So DD won’t be going to a mainstream school for AP. A mainstream school may sometimes fund AP but that isn’t quite going to a mainstream for AP - and even in this case, ultimately, it is still the LA who is responsible.

She is currently still at nursery as we deferred her start. If they do provide her AP does that still count as out of education?

I have spoken to all 3 mainstream schools they consulted with and sent our amendments that the LA didn't make so they could see what we were planning to appeal over. I believe all 3 have said they can't meet need.

Thank you I will email the resource bases in the area and ask if any are consulting so I can do the same with them. I even rang LSPA and asked if they could tell me and they said the only consults in her case notes were the 3 completely mainstream and the 1 independent specialist I named(which is full).

This is what has confused me as the letter they sent me states: Alternative Provision can be considered by a mainstream school as an interim measure if required, should a Centre placement not be available.

So my gut feeling is they're going to name a mainstream that has said it can't meet need and they might decide AP is suitable.

You can request an expedited hearing on the basis DD isn’t in school full-time (not quite the same thing as not being in education) even if AP is made.

I would provide the RPs with the full picture even if the LA hasn’t already consulted. That way you know they have the information if the LA consult at a later date, potentially, at the last moment. Since you want an independent SS, I would do the same with any state SS or cheaper independent SS/NMSS.

Is the independent SS wholly independent or a section 41 independent? It is important to know which it is.

Alternative Provision can be considered by a mainstream school as an interim measure if required, should a Centre placement not be available.

This is the LA passing the buck and trying to muddy the waters. It isn’t saying DD will be attending MS for AP. Neither is it saying a MS will definitely provide AP - ‘consider’ and ‘if required’ means it is vague. It is saying if DD needs AP, the MS can decide to fund AP if they want (but they may not). However, it is ultimately the LA’s responsibility to ensure DC receive the provision in F and a suitable full-time education if they can’t attend school, so don’t let the LA fob you off.