need help with school (Sen issue)

Have been told by LA that they won't be funding mainstream independent due to cost.

That doesn’t mean you can’t appeal for an independent school (either special or mainstream - although the latter won’t have class sizes of 5-7) once you have the right of appeal. If it is wholly independent, you would need an offer of a place from the independent school, but you don’t need to LA to agree.

The bar to prove incompatibility with the provision of efficient education for others is higher than many LAs and schools admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”.

But cost of mainstream private vs independent specialist does come into it.

Although private mainstream schools won't have class sizes of 7.

I'd look at mainstream private, they usually publish fees online, then ask your LA again. There's a really, really high chance a mainstream private school will be cheaper than an independent special school. The LA might be reasonable with you here if it will save them money. Many independent special schools cost over £65,000 a year.

*'The types of setting you have a right to request are:

a maintained school or nursery (mainstream or special)
an Academy (mainstream or special)
an institution in the Further Education sector
a non-maintained special school, and
a section 41 school.
Independent settings are not one of those types of settings.

However, this does not mean that you cannot ask for and argue for a place at an independent setting which is not on that list.

If you have found an independent setting you would like your local authority (LA) to consider naming, do check it is a wholly independent setting and not a ‘section 41 approved’ setting or a non-maintained special school. If it is a setting that comes within the list above, then it is one you have the right to request and your LA must name it unless certain limited reasons apply. If it is wholly independent, your LA could still consider naming it as an ‘appropriate’ setting.

If you ask your LA to consider naming an independent setting, your LA must take into account your views, wishes and feelings, and those too of your child if you are a parent making the request for your child. This is set out in section 19 CFA 2014 and includes where the child or young person wants to be educated.'*

You can push back on this, we proved to the LA that the cost of the small private school that could meet need was actually cheaper than keeping my daughter in mainstream (where she wasn't coping) with a full time LSA. You just have to prove it is a good use of funds and as it was cheaper they couldn't object.

Don't want to be too intrusive @helpwithschool but if no behavioural issues, where are they getting the evidence that at his own school his being there would cause disruption to others? Actual evidence as pp has put up thread, no hypothetical things?

If your son does not have serious behaviour problems, you could also approach general private schools. They can't be directed to take him but some do say yes and can work well for academically able but anxious autistic pupils.

Mainstream private schools are also struggling to full their places at the moment. They generally won't take children who have been excluded etc though...

LAs do have the power to push schools to take certain pupils if they feel that the school is at capacity on paper, but actually has physical and "emotional" room to take the child. They also have a say in whether the school can meet the child's needs. LAs have the responsibility to educate all children, schools only have the responsibility to educate the children in their care. However schools are the way that LAs provide education. So for example the school might say "no child X needs Y and we can't give Y." The LA might come back with "you're the best place we've got for X, so if we help you do W to help you do X, you can take X". Through the EHCP, the LA could provide support to help the school meet the child's needs.

Our LEA frequently directs to admit if a school refuses based on any reason. Generally parental choice is paramount, and any LEA maintained school can be directed to admit even if it would take them over their pupil numbers. Usually in return they will grant an additional amount of funding.

Free schools are not wholly independent so an offer of a place isn’t required/they can be named even if they object.

What week of the EHCP are you on? Is the LA sticking to the timescales?

If DS requires therapies, they should be in F of the EHCP and therefore funded once it is finalised. If they aren’t in F, this needs to be part of your response to the draft. You may have to appeal to get them detailed, specified and quantified.

EOTAS/EOTIS is not EHE. You are not responsible for it. You do not have to give up work. The LA cannot compel you to organise, deliver or facilitate provision. The LA is responsible. That includes funding another adult if necessary. The LA can’t even force you to accept tutoring at home. However, EOTAS/EOTIS is only legally possible if it is inappropriate for the provision to be made in a school or college.

Is the independent school that is your preferred school wholly independent or a section 41 independent? If the latter, you don’t need an offer of a place and being full isn’t enough for the LA to refuse. You only need an offer of a place for wholly independent schools.

For now wholly independent schools, the LA must name your preferred option unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar is higher than many LAs admit. And the school can be named even if they object when consulted.

If you have to appeal, if DS isn’t in school full time, you can request an expedited hearing.

During any appeal the LA will still be responsible for ensuring DS receives a suitable full-time education and anything detailed, specified and quantified in F.

It's such a brutal system - I know I had to sacrifice all of my prospects and aspirations to ensure that my ASD ds made it through the system. And I have no regrets about that - he's a proven worthy individual in both the world of work and will be starting Uni in Sept.

The poor kid was permanently excluded when he was 7.

I'm going to have to get very creative to get myself gainfully employed for the next 5 years.

je ne regrette rien

They will likely do this if no specialist setting can be named. The PRU cannot be named as it is an alternative provision. In reality, he would remain in roll there until a specialty place sorted but attend the PRU.

What about hospital education in the short term, is that an option?

What is he, 14? If you’re happy with the arrangements and so are the tutors I believe the sessions can take place anywhere. But it may depend on the tutors and in all honesty you might not have tutors for a full-time timetable, so he might be home alone for quite long periods in this scenario.

They could look further away. 75 mins travel is deemed acceptable for secondary age pupils.

It depends on the reason they said no. Our LA won’t direct schools to take a pupil after saying no if the reason they give is due to this being incompatible with the education of others at the school.

it could be that they direct a school
to take him or that they continue to provide alternative learning provision until a place becomes available. They could redirect a setting to go over numbers. In reality, at this point in the year, a place probably won’t be available until September so you might be looking at ALP until then.

Yeah, unless you've got a reasonable LA :/

In the meantime alternative provision or tutors. Could he stay at the PRU in the meantime?

Depends on the agency used, sometimes the LA hire rooms in community centres or churches for tuition.