Reply To: Unreasonable EHCP adjustments

[Louise]

I get these all the time and am frequently writing letters with no offer. The issue is we have to be legally skilled (as well as accountants, managers, teachers, counsellors, jugglers etc), you need to use the CoP from CAFA to argue that you cannot accommodate this young person’s needs. The key point you need to make is that it would detrimentally impact the efficient education of others because to support this Section F would put too great a demand on your school. You can also go through the needs section and quote anything with analysis on why this would not work. The legal section is here:
9.79 If a child’s parent or a young person makes a request for a particular nursery, school
or post-16 institution in these groups the local authority must comply with that
preference and name the school or college in the EHC plan unless:
• it would be unsuitable for the age, ability, aptitude or SEN of the child or
young person, or
• the attendance of the child or young person there would be incompatible
with the efficient education of others, or the efficient use of resources
Efficient education means providing for each child or young person a suitable,
appropriate education in terms of their age, ability, aptitude and any special
educational needs they may have. Where a local authority is considering the
appropriateness of an individual institution, ‘others’ is intended to mean the children
and young people with whom the child or young person with an EHC plan will directly
come into contact on a regular day-to-day basis
… or if there are behavioural concerns:
9.93:
There may be a range of reasons why it may not always be possible to take reasonable steps to prevent a mainstream place from being incompatible with the efficient education of others – for example, where the child or young person’s behaviour systematically, persistently or significantly threatens the safety and/or impedes the learning of others.
Hope that helps.