Ehcp and all Sen schools full

[drypond]

My son needs Sen provision but all local Sen schools are full.

He's in a PRU attached to a Sen school where he's happy but been told it's full and he will stay in the assessment place till another place is full.

I don't want him moved on he's happy everywhere else is full and travelling further than half an hour is not possible for him so what can I do?

He has no school named on his ehcp as it came through whilst he was under assessment at this PRU. Can I battle to keep him at the xchool he's at even though it's full? Or am I peeing in the wind?

Everywhere is full but even if they weren't I want him where he's happy and that's where he is

[drypond]

i hope it works because that was my plan 😁

[AgnesDiPesto]

not naming a school on ehcp gives a right of appeal - so you should appeal

[drypond]

He had no school when the ehcp came through so I'm going to name his PRU school and just hope 😫

[drypond]

The council have rung and put his ehcp to panel agin to consult with the full school. they've said they will be back in touch in a few weeks. I'm going to ask on the board as a separate question but 2 of the Sen provisions that LA may offer are in special measures. Can I refuse these schools as I'm led to believe the LA have a duty of care to provide an adequate education?

[DigestiveBiscuit]

Actually, The Children and Families Act 2014 Part 3 S 19 goes further now:

"In exercising a function under this Part in the case of a child or young person, a local authority in England must have regard to the following matters in particular—
(a)the views, wishes and feelings of the child and his or her parent, or the young person;

(b)the importance of the child and his or her parent, or the young person, participating as fully as possible in decisions relating to the exercise of the function concerned;

(c)the importance of the child and his or her parent, or the young person, being provided with the information and support necessary to enable participation in those decisions;

(d)the need to support the child and his or her parent, or the young person, in order to facilitate the development of the child or young person and to help him or her achieve the best possible educational and other outcomes."

NB "best possible educational and other outcomes!"

[drypond]

Can't believe it's come to appealing everything. 😫

[AgnesDiPesto]

Just think of appeal as a way of starting clock ticking so they find a place. If you didn't appeal they could leave you waiting around for months. Have you looked at indep sen schools? If they can't find a place in state sen school they should look at private ones - you an ask the council to send you a list. Also ask tribunal to expedite appeal on basis you are not disagreeing with type of school just that council has not named a specific one so it should be able be dealt with quickly - plus also risk your child have change schools twice if has leave pru.

[yakkiyakkiyogi]

Sometimes appealing is the wake up call needed for the LA to listen to the parents as they are supposed to. By law "full school" can not be used as an excuse.

Ive just appealed and they have already backed down on the "full school" and a place has miraculously appeared .

Take a chance...there are good chances it will work. Check out IPSEA's website to see how to and contact their tribunal helpline to take advice. Best of Luck!!!!

[drypond]

I've rung the councils Sen team up and they are trying to get the school to back down on the excuse if "we are full" it goes to some sort of meeting with them and the school again on the 4th of May, I've looked at an independent school local to me and it's a fab school but it would be second choice

[yakkiyakkiyogi]

"When a parent or young person requests a -

• maintained school – mainstream or special;
  
• maintained nursery school – mainstream or special;
  
• Academy (including Free school, Studio school or University Technical College) mainstream or special;
  
• an institution within the further education sector in England – mainstream or special;
  
• a non-maintained special school; or
  
• an Independent Special school approved by the Secretary of State under section 41.
  

is named in an EHC plan the Local Authority must do this unless they can prove that one of the follow exceptions apply:

1. the school or other institution is unsuitable for the age, ability, aptitude or special educational needs of the child or young person;
   
2. the attendance of the child or young person would be incompatible with the provision of efficient education for others;
   
3. the attendance of the child or young person would be incompatible with the efficient use of resources."
   

source: www.ipsea.org.uk/what-you-need-to-know/ehc-plans/choice-of-school-or-college

Unless they can actually prove 3 in terms of facts like they dont have a seat for him to sit or no toilets etc then they absolutely cant justify their "full school" argument. Quote them this but they usually back down after appeal is filed and they receive notice of appeal.

Also look into SEN Code of Practice(www.gov.uk/government/publications/send-code-of-practice-0-to-25) and The Education Act 1996 for relevant clauses.

Case law: www.ipsea.org.uk/what-you-need-to-know/important-case-law/crane