To think the local authority can shove it up somewhere..

@everychildmatters if parents appeal, SENDIST would make the decision based on the evidence in the case.

@BrightYellowTrain Who makes that decision ultimately? And how?

@everychildmatters, legally, EOTAS/EOTIS is only possible where it is inappropriate for the provision to be made in a school. It isn’t only about being unable to access MS.

I'm a qualified primary teacher of 20 years but I'm currently tutoring EHCP children (EOTAS) funded by LA. One of my lovely students is a non-verbal child who is unable to access mainstream due to needs.
Is this an option?

I'm in a similar situation here, son 5 asd,chromosome abnormality, still in nappies.. no placement, awaiting the plan to be issued next week(hopefully) so we can appeal if its no placement, will keep you posted how we get on, big hugs!x

Sending letters regarding breaching timescales is worth doing but may not have much impact.

The letter warning of the risk of breaching the timescales may not do much, but it is part of the process to enforcement action. If it doesn’t work, the LA fails to act and they go on to breach the deadline, parents can then send a pre-action letter, which mostly does work. Where a pre-action letter fails, JR proceedings definitely will work.

LAs are in an awful position because there isn't the funding or the provision to meet the current, growing demand. Very few people go to work for LAs on EHCPs wanting to deny children what they need. They are in an impossible situation because they are required by law to provide things they don't have, and that is soul-destroying.

So I think quite often they offer as little as they can in the hope that you'll accept it, and delay due to lack of resources and because it just pushes the problem down the road. They know parents of children with additional needs will do whatever is necessary for their children, so they rely on you picking up the slack.

Sending letters regarding breaching timescales is worth doing but may not have much impact. They will know they have breached timescales and be monitoring it but not have capacity. It may help a little and it can't do any harm.

My experience is that specialist schools won't generally let you visit until the LA has consulted with them. However, once they have consulted, it's worth speaking to the school etc yourself as you will probably move the process along more quickly. In my area there are very few state special schools - they are mainly provided by independent schools and can be very expensive.

If you think it would help, ask for a needs assessment to get a social worker. They don't necessarily do loads but they can help with navigating systems, asking questions and knowing about resources. However, it sounds like you've got quite a team already and it might not add anything.

Writing to your MP is useful - they will write to the Director of Childrens' Services and it gets noticed. People are more likely to prioritise parents who are making a fuss than parents who are waiting patiently.

Womens Hour (Radio 4) did a series on SEN needs a while ago. It's worth listening to as it gives you some insight into the process and tribunals. If you complain and make it clear that you will go to tribunal and ask for compensation, and thar it will cost them, they may find provision.

You should also be able to get transport to school for your child.

I'm sorry you're dealing with this. It is exhausting. Hopefully once the right provision is put in place your son will thrive and you will be able to relax a little.

Well that's not quite true is it?
My 14 year-old has always gone to a special school, the problem is the are huge disparity, s in what LA,s offer ,in my LA we have four special school, s two for primary and two for secondary, one of the primary and secondary schools cater for children with moderate to severe learning disabilities and the other two cater for children with severe to profound learning disabilities, we also have severel autism hubs ,I realise we are luckier than a lot of LA,s

Op is that what the local authority aim really is, to get you to home school so they have no responsibility and no cost whatsoever?

Good luck with your fight.

This does sound strange even just thinking from a moving and handling point of view. You are probably lifting him but at school he will need hoist and changing table and a large bathroom for these to be used. Hopefully no mainstream school would have these facilities so LA will not be able to name a mainstream school.

I work in a SN school, and in my Early Years class we have children with a similar level of need to your son... autism, non verbal, still in nappies. In a class of 8, four families had to go to tribunal to get a place, even though it was totally clear that none of the children could be educated in mainstream. It's appalling.

The advice other posters have given is good. Fight, politely but firmly, all the way to tribunal. Do not accept reduced time tables or homeschool. And make sure that 'benefit from' is removed from every single page of the EHCP.
My youngest has autism and attended special school, back when it was a little easier to get a place, but I literally went through the document word by word and refused to have anything that wasn't specified and quantified. No 'benefit from' but 'needs' ' X amount of hours/staff' etc. Follow up every communication in writing.
The system is absolutely shot, but you can get there if you refuse to back down!

I'm sorry OP, truly disgusting and disappointing 😔
I feel like they offer mainstream school to everyone in the first instance even when the schools decline they can meet needs. It's baffling! We have a child in my child's class, who is similar, as well as tube fed, has 24 hour care at home but still the LA put them in mainstream. It's really unfair to the child, parents, teachers and other children.

I would suggest trying to contact your EHCP coordinator and see what they suggest - hopefully they can advise on specialist schools but if not what support will be in mainstream should your child attend?
If your EHCP coordinator is not responsive escalate it to a manager. (Our EHCP coordinators are notorious for never answering the phone or replying!)

It's an utter disgrace. However parents win appeals against stupid and cruel decisions like this all the time. Good luck OP, this random Internet stranger is 100% on your side.

It doesn’t sound like the OP currently has the right of appeal to appeal now. She said the EHCP was finalised in August and the review isn’t until next month. She needs to chase the LA about the phase transfer review using IPSEA’s model letter @Ellie56 linked to. If they haven’t even begun the process, they are at risk of breaching the 15th Feb deadline for finalising the amended phase transfer EHCP.

OP would be wise to carefully consider appealing B&F as well as I because the placement named in section I is the logical conclusion of B&F. It doesn’t sound like B&F are good enough, so not appealing those as well is risky.

Be careful with SENDIASS. Some are good but some are not and repeat the LA’s unlawful policies.

lodge an appeal now. If you just appeal section I (placement) you don’t need to consider mediation. It should also be heard sooner than sept 2025 if you’re not doing contents as well. They prioritise phase transfer appeals which would include your child’s. Most recent stats demonstrate that LAs lose over 98% of hearings. Good luck and contact your sendiass service for support if needed!

I wouldn’t EHE. The LA has no incentive to name a SS if you EHE. It saves them money and they know some parents who EHE are likely to continue to EHE rather than pursue a special school further. That doesn’t mean DS has to attend MS if it isn’t appropriate. If DS can’t attend school, once he is compulsory school age, the LA has a duty to still ensure he receives a suitable full-time education under section 19 of the Education Act 1996. But if you EHE, the LA will say you are making suitable alternative arrangements, thereby relieving them of their duty to provide this provision or the provision in the EHCP.

Your DC should hopefully be entitled to legal aid so check this out

If the OP needs to appeal to SENDIST once she has the right of appeal, the appeal will be brought in her name. Legal aid is not available in the child’s name for appeals to SENDIST. So, OP will only be eligible for legal aid if she herself is eligible.

If they have had more than 20 weeks for the EHCP put in a formal complaint about that to for e them to finish it.

OP’s DS has a finalised EHCP following an EHCNA. That was finalised in August. It is the amended EHCP for phase transfer she doesn’t yet have. So, the 20 weeks timescale for finalising an EHCP is now irrelevant.

Make sure you visit/contact any mainstream schools the la consults with so you can ensure they have the full picture of how severe your child’s needs are. Often the ehcp does not fully reflect needs and some la’s have even been known to send an edited version to downplay needs in order to get a school to offer a place

You should ask for a Child and Family assessment from children’s social care - that doesn’t help with the school place though sorry

So sorry OP. That is awful.

If they have had more than 20 weeks for the EHCP put in a formal complaint about that to for e them to finish it. My LA did this and it's just a delay tactic. Then don't bother with mediation again it's just a delay. After getting my mediation certificate I had 11 months wait for tribunal.

Do not home educate him. Stand your ground. Refuse to send him to school and say you can't send to mainstream as not suitable. Read the children's act and the education I can't quote off the top of my head but 1) you can quote how LA has a duty to find appropriate school 2) you can quote you as a parent have a duty to ensure your child receives and appropriate education- you would b breaking the law sending to a school that isn't suitable 3) you have a legal duty to ensure your child is safe etc you can quote this and make an argument it would be emotionally damaging for them to attend such an unsuitable setting because likely lead to restraint so trauma shame and embarrassment from being different etc.

Do not home educate. If you do this the LA will wash their hands of the responsibility to educate him as it then becomes your legal responsibility. You stand your ground and insist they put in place alternative provisions or change the EHCP. They will fight you on it. It will be another formal complaint. Follow this all the way through then go to the government ombudsman with it. You will get a measly £200 a month for the missed education. Use this money for a barrister for your tribunal. Don't get a solicitor you can get good advice from other parent and SENSOS etc. Solicitor will cost thousands and not be beneficial. A barrister is.

I've just been through this process. Still no suitable school place but we have some limited alternative provisions. I'm still fighting. Took over 2 years from application for EHCP to getting any provisions because I fell for every delay tactic the LA used.

If you just need to rant then rant away. I feel your pain. They have a legal duty and no one cares they fail our kids. No one care the impact this has on a family when one parent has to accommodate caring for a child that should have a school place. But should you need benifits to support your family because of this then suddenly they care how lazy you are and won't believe a child can literally be left without an education. It's so morally wrong people think it's not true. Is who know SEND education know this is not even a rare story most of us go through this process. Fucking sickening

I meant they are the only ones they will suggest not that they are the only ones available.

Oh don't get me started. I've lost count of my appeals and ombudsman complaints. You've had some good advice above though.

No child should be on a part time timetable, if they can't manage full time it's likely the school simply can't meet their send needs and they need different provision. Either a more soecialist setting or alternative provision.

Is he in an sen nursery?

Find the school you want, get them to agree that they can meet need and want your child there. Then contact the LEA at least once a week. I did twice. Make sure you have a named person to deal with. Follow up all calls with an email.

Get your MP on the case. Mine helped me get primary provision.

My lea fucked about and didn't allocate my son a high school place at all by the Feb because I absolutely refused to apply for a mainstream place and they wouldn't accept an application without.

I had done the hard work finding the school, and his primary was very much on board they really helped too. So get nursery to help. They need to explicitly state he needs SEN school. And get your chosen school on board to help you too.

It got to the point where I got where I wanted because it was easier than dealing with me. I was absolutely lovely to them, had many nice conversations. But I just kept on at them, and made sure they knew what I wanted. It was a rush at the end to get his settling in session sorted.

Don't just look in your LEA. Look within the car travel distance you think he can cope with.

But it was all worth it. My son goes to a private SEN specialist school out of LEA, 40 mins each each way with transport. And it's absolutely the best fit.

You know what is right for your son.