EHCP and sixth form admissions

[winterrabbit]

DS1 15 has just been assessed for an EHCP and we'll find out whether he has one in the next few weeks. I understand that if he gets an EHCP we can name a school, however, given that he's going into year 11, I don't want to move him until after he has completed his GCSEs. Will we be able to name a 6th form if he does get a plan and will they have to take him? What about entry requirements? TIA.

A phase transfer review will be held in the autumn term of Y11 or very early in Jan, and the amended EHCP finalised by 31st March.

Unless the school is wholly independent the LA must name your preference unless the LA 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.

Thanks Relaxing. Is that the case for 6th form admissions? What about grade/entry requirements?

I think they could 'get' you on 'ability/aptitude' if they don't meet the entrance requirements, but it might depend in what way they didn't meet them.

e.g. Somewhere that wanted 8 at at least grade 6 might take you with fewer provided you met the specific requirements for selected course?

I doubt somewhere would take you for Maths A level with only a 6 if they wanted a 7 without good reason.

There is also the 'naming the institution' and 'naming the course' they are different.

Yes, it applies to sixth forms as long as it isn’t wholly independent. EHCPs must be amended to name the Y12 placement before GCSE results are released, and settings can be named against their will unless they are wholly independent. If a DC’s academic ability is unsuited to the sixth form’s offer, LAs may try to rely on the first exception. It is possible to get the specific A level/other course written into F.

Thanks all.

Teendivided, is that your experience with 6th forms, i.e. they can specify grades, as it seems to be at odds with what others are saying, i.e. the named school (if not independent) must admit unless the LA 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.

I've been told by the LA and my solicitor that the above grounds are hard to rely on.

You have slightly misunderstood. The LA must name the preferred placement (wholly independent excepted) unless the LA can prove one of the exceptions and the school can be named against their wishes. Once the school is named they must admit.

I have no idea really. I am relatively new to EHCPs, my DD only got hers in y12. Sshe is now 'y14' and I am currently battling the system for her.

But it seems to me that not meeting entrance grades would mean they could argue the setting/course is unsuitable for the aptitude of the student.

Though setting and course are not synonymous.

LAs may try to rely on the first exception to naming a placement, but the threshold is higher than many LAs care to admit.

Ok, so we tried naming a school in his EHCP (which has just been issued) and they came back immediately saying they can't meet his needs and the LA have accepted it and named his current school in his plan. I thought they at least had to prove WHY they couldn't meet his needs. Is that not the case? If schools can refuse him so easily then the EHCP is completely pointless.

Unless the school is wholly independent, the LA must name your preferred school unless the LA can prove one of the exceptions in my first post. The bar to prove one of the exceptions is high, far higher than many LAs admit. Schools can be named against their will and if the LA cannot prove one of the exceptions they must be. However, that doesn’t stop LAs refusing and forcing parents to appeal (where if the LA cannot prove the high bar for one of the exceptions the parent will be successful and the preferred school will be named).