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SEN

Where do we stand legally??? Please help, so lost

7 replies

Looking2Move · 01/06/2018 20:15

After much searching for the right school for our son with ASD our SEN Dept confirmed a place within an (out of borough) ARP. The other borough did refuse him a place initially due to being full. Our advisor was adamant the law was on our side and we could force him in over the numbers. After much deliberation we went ahead ..
The other borough is now refusing his place.
Just wondered if anyone knows where we stand as we’re considering going all the way to tribunal. His EHC plan has been finalised with the school name on. Is this legally binding as we’ve been advised by our local Sendiass caseworker?
Such a stressful time and feel our local Sen team have not managed our expectations on this emotional rollercoaster.
Any advice would be much appreciated during this awful time.

TIA

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myusernameisbob · 02/06/2018 23:25

I believe that your SENDIASS adviser is right: if the school is named in your son’s EHCP then it must admit him (Children and Families Act 2014, section 43(2)).

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Bibesia · 04/06/2018 14:17

Yes, that's correct, they have to admit. It's not the tribunal that enforces this, it's the courts: if necessary, you could start a judicial review claim in your child's name (which would therefore be covered by legal aid) to enforce his rights.

However, obviously it would be preferable not to have to do that given that you aim to have a relationship with the school over a number of years. I'd suggest you contact the SENCo or head of the ARP to arrange a meeting to talk about arrangements for September, and if possible to talk about preparations this term. If they say they don't have enough staff, tell them that you will support them in applying for more funding for that purpose - you may well need to appeal to the tribunal to get support properly defined in section F of the EHCP so that the LA has an obligation to ensure it is delivered.

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Looking2Move · 04/06/2018 18:04

Thank you both for your comments and advice. The school don’t want to be involved and just advise we speak to their SEN team. It’s proving to make matters worse as the council are being very uncooperative!!

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Bibesia · 04/06/2018 20:33

If you want that school, you need to write to them pointing out that your daughter will be starting there in September and it's in everyone's interests for them to engage with you to start making plans. If necessary, mention section 43 and say that it would be ever such a pity if you had to start court proceedings ...

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CityTeacher · 01/07/2018 02:56

They have to admit HOWEVER can refuse providing that they can give reasons as to why they are not suitable. This can't be why somewhere else would be better, JUST reasons as to why they are not a good fit.
I have only ever rejected one student (whilst working in an ASD provision) as this student needed changing tables and toilet facilities, which just didn't match the needs of our other students. Although there was a perfect facility for the student nearby, we couldn't state any of that. Us being able to reject her purely came down to the fact that she would need a new bathroom built, as well as several other major changes to the building itself. She also was just not the same "type" of ASD student we catered for, and ultimately fell outside of our criteria. As long as this isn't the case then I don't see how they can reject you.

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Bibesia · 02/07/2018 09:14

No, once they have been named on the EHCP they can't refuse: the time to say they couldn't meet needs was when they were first consulted about the possibility of being named. The school's only recourse is to complain to the Department for Education, but such complaints are hardly ever upheld.

If they're still being awkward, write to them (copying in the SEN department at the council) quoting section 43 of the Children and Families Act 2014 and say that you need them to confirm immediately that they will make arrangements to admit your child this week, failing which you will reluctantly have to apply for judicial review. See the information sheet on JR on this page - sossen.org.uk/information_sheets.php

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Looking2Move · 03/07/2018 14:34

Thanks all for your comments. We are now waiting for the school to respond to a pre-action protocol letter sent by our local council. We are hoping they will comply rather than decide to go to court and drag this painful wait out even longer!!!
We are being chased and pressurised by his current school as they want to know if he will return in September.
I cannot wait for this to end. It has been quite a journey.

Thanks again for all your advice and wise words.