My daughter is in mainstream with an EHCP of 32.5. I want her moved into a primary specialist setting. She’s now yr 5. Process was delayed by 2 ...

... years due to pandemic. Have been turned down. LA also in email trying to deter me from naming a specialist secondary on her AR which is next week. Despite EP has stated ‘she needs a differentiated curriculum’ and to be ‘educated with like-minded peers’ . And that info appearing on EHCP draft.

The reasons LA gave were vague and non specific. School is full, levels too high apparently , (even though only emerging y3 with full support) and would impact on efficient education of others. (Found case law on IPSEA)
Current School support the move.
Feel that LA acting unlawfully and incompetent re timelines.. so was told I could go to AR with only a working document not a proper draft - I’ve challenged that and working doc has been relabelled and sent as a draft with now obsolete info as per EP report.

I will exercise my daughter’s right of appeal, but is it only learning levels that are ever considered at tribunals? she has a complex range of medical, soc communication and physical disabilities as well as being at pre key stage levels.

Is there anything in the Noddy Guide specific to this?

Also can I name out of county as an alternative?
Thanks