Talk to me about Mainstream schooling with an EHCP

Learn how the law supports mainstream education for SEND children, and how to evidence when a special school or alternative provision is truly needed.

Most age-appropriate children will have, or will have had, the opportunity to attend a mainstream school.  

After all, this is their legal right – Children and Families Act 2014, section 34(2)  ‘The child or young person must be educated in a maintained nursery school, mainstream school or mainstream post 16 institution.’ Along with Children and Families Act 2014, section 33 (2) ‘The Local Authority must secure that the plan provides for the child or young person to be educated in a maintained nursery school, mainstream school or mainstream post 16 institution unless that is incompatible with: 

1. the wishes of the child's parent or the young person, or 

2. provision of efficient education for others’.  

   
   

We then have The Education Act 1996 that states ‘ in exercising or performing their respective powers and duties under the Education Acts, the Secretary of State and local authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient education and training, and the avoidance of unreasonable public expenditure.’ 

The Local Authority is not ‘obliged’ to agree with parental choice.  As the man once said ‘I’m a professional cynic, but my hearts not in it’ – you would have to be a very trusting person if you believe that your LA is going to take anything that you say with anything other than a pinch of salt. 

The Local Authority will place in the most cost efficient (read that as ‘cheapest’) school that can meet need. The bottom line is that mainstream is going to be the first place the LA considers because it’s the one that is available, by law to everyone. Under the UN Convention on the Rights of the Child CRC, which the UK ratified in 1991,  ‘all children have the right to an education’, and combined with the above - all children have the right to a full time mainstream education.  

The school must agree to be able to provide all of Section F, so if they say they can – and are able to evidence this… 

Whilst we all know that not every child is suited to a mainstream education, the law remains and if we do not agree, we will have to prove otherwise.  

Is mainstream education always inappropriate for a child/young person with Special Educational Needs and Disability? 

You applied for an EHC NA, because mainstream was not working, the Best Endeavours’ Duty was not enough to meet the needs of your child.  

The issue you now have is that whilst you know that mainstream without an EHCP was inappropriate, how do you know that mainstream with an EHCP will not be able to meet your child's needs?  

After all, you applied because you knew your child needed additional support. They now have this, so maybe this is all the extra they needed… 

Unless your section F is so highly detailed and specific, and is highlighting that a special/specialist/EOTAS is the only possible placement, it can be difficult to tell if the EHCP will not be able to support your child to continue with their mainstream education.  

For many children and young people, the identification of their needs and the delivery of the provision that they require will enable them to thrive in mainstream.  A young child who has managed in a mainstream Nursery or pre-school will invariably manage a mainstream Reception class. The expectations, curriculum and routine will be very similar, and also very familiar. It is often a different scenario at Year 2 onwards, so changes will be a consideration at Annual Review – but this isn’t always for a change of placement type. A similar scenario applies at Post 16, if your child has managed throughout compulsory school age in mainstream, and has achieved mainstream qualifications, you will need significant evidence to state that a specialist Sixth Form or FE college is the only suitable option.  

Unfortunately, for many there is the need to prove failure that the EHCP is not sufficient, the need is too high, the provision too great to be undertaken in a mainstream setting. For many, until you can evidence this, mainstream will be the school that your child attends. 

We see and hear from many people who find this a devastating reality, the previous experiences that they have had in mainstream lead them to believe that this type of school can never and will never be appropriate for their child. This is not helped by a Top Trumps mindset perpetrated on Social Media that mainstream equals a failure for all at EHCP Final. For some children this is without a doubt true. For some, mainstream will always be inappropriate and, potentially damaging.  

Some, not all. 

We must remember that the EHCP is providing that extra that was not there beforehand, and there is potential for this to work in mainstream. It's always about the provision in F, to meet the need in B. Mainstream may not be working because the EHCP is inefficiently evidenced, and poorly worded. This then means that interventions won’t be specific, and may never be implemented, and additional support non-existent. All children ‘access 1:1’ at school – receiving a consistent and dedicated 1:1 for a specific length of time and frequency, is another thing altogether.  

There are many other factors at play, alongside the evidence and wording.  It's also about the mindset of the school, their willingness to support a child with additional needs, and it's also about you… 

If you believe that mainstream will not work, but have no evidence to prove otherwise, this has the potential to impact greatly, on all involved. This includes your child and those supporting and educating your child in the mainstream setting. We know that this is a strong statement to make, so let's have a look at why this is the case. 

If you have no evidence to prove that a mainstream setting is not right for your child, you’ll have to prove otherwise. Yes you can go to appeal, but you still need evidence. A Judge will only rule on what is put before them.  

Children pick up on our conversations, if they hear you say that they won’t manage, this will then become their own belief. If you don’t trust the school, then it’s not a giant step forward for the child to pick this up. Now this may well be true, you may not think this is the right school, but you should consider whether letting your child hear this is beneficial to them, or detrimental.  

If this was you going into a new job and everyone around you was telling you that you won’t manage, that no one will help or understand you – how would you feel on your first day – assuming you didn’t decide to stay at home and just not go. “Emotionally Based Work Avoidance”: you can choose not to go to work, your child has to go to school, or at the very least must receive an education. 

The term evidencing failure is not one that is pleasant to use, but it's sadly true. And we could flip this, evidencing success must also be something we take into consideration.  

That little bit of extra help provided in an EHCP (one that is not appropriate for special, specialist or specialist independent school) may very well be enough to ensure your child's needs are met. With each year, and with each Annual Review you build up on this, making it both need and age appropriate as your child's educational journey continues. 

In a Special school, every single child will have additional needs. The staff will be sharing their expertise amongst all the children. Yes, you may have smaller class sizes, yes you may have a higher adult to child ratio, but every single child will have their own challenges.  

In a mainstream school, it may just be your child in their class who has an EHCP. Their needs have been identified, and there is an obligation by law that the school in section I must be able to meet all provision in Section F.  

Whilst the EHCP is the responsibility of the local authority, it's the staff and teachers in your child's class, along with the school SENDCo who will be carrying this out day-to-day.  

Ensuring that your section F is stating the training and experience, of any individualised (1:1) support via a key worker,  along with the length and frequency of support and that this is ‘throughout the whole school day’,  can mean that your child is potentially getting a higher degree of individualised support than they would do in a Special school, with twelve children all with additional needs. 

Then there also are those children who require a mainstream cohort to model age-appropriate interaction and communication. We see this for children with Down’s Syndrome, with many parents requesting a mainstream placement, but with a highly differentiated curriculum, and additional support from TAs who have received specialist training. 

It is always important to work collaboratively, if you can, with schools. A collaborative approach with teaching staff /SENDCos closely monitoring your child's achievement. Tracking and establishing whether attainment gaps are closing, identifying progress or the lack of despite additional support is imperative. This is of course important for all children, but if you believe that your mainstream school is unable to meet need even with an EHCP it's important that this is recorded and documented.  

Working with your school will enable you to state categorically that if your mainstream school cannot meet need, then no other mainstream school can.  

With your mainstream school placement staff supporting this, along with the provision of additional professional evidence from an Educational Psychologist and/or Occupational Therapist, for example you will have an increased chance of achieving a different type of school. You will be able to do so following Annual Review, and/or Phase transition Annual Review. This will not just be the ‘parental preference’, but lived experience with the evidence to prove that this school and type of school cannot meet need. 

From here you have choices, again based upon the degree of need. You may be looking for a Resource Base (mainstream in Section I, and the length and frequency in F), a Special or Specialist School. This will always be as a result of professional evidence, for B and F.  

Top Tip from us, if you are happy with a Resource Base, also ask for a Specialist Independent, as your second choice – they will take your arm off for the cheaper option. If you want a Hamster – ask for a Pony! (AKA, ask for the more expensive option as first choice, with the second choice – your preferred option – they will inevitably go with the cheapest – and you get the school you prefer)  

If you are allocated a mainstream, and you have, as yet, no evidence to state that this is not the correct placement for your child, this is not a ‘failure’. You have an EHCP. This can and must be amended at Annual Review, and you do have the right of appeal. The EHCP is anticipatory, and ambitious. Whichever placement you are allocated will be subject to change, depending upon the future path that your child treads, in their own unique way.  

Appeals are not always the next destination; it can be as much about the journey as the destination. Giving a placement your best shot can be the best supporting evidence to that of your professionals.  

For more information on schools, how to find a school and questions to ask SENDCos see our YouTube video and blog

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