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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Really need some advice re awful LA behaviour and EHCP delays

57 replies

blackgreenandgrey · 24/04/2025 21:53

posting here for traffic and could do with some wise words re next steps:

  • child has complex needs. mainstream placement broke down last autumn, since then not in school as mainstream won't allow them in as they cannot meet need.
  • did parental EHCP request and that sailed through initially. We had a very detailed EP report making a clear case for a specialist setting (class sizes of max 5 etc) and LA agreed to issue. Plan due in Feb.
  • multiple schools were consulted, all specialist settings. Only one said they can meet need. It's an independent setting and £££.
  • case went to panel and it was decided that the placement is an 'efficient use of public resources' or word to that effect. Plan not finalised, and no alternatives offered and impossible to get hold of anyone in the LA. Emails ignored, phone calls not returned.
  • Sent IPSEA template email about failure to finalise and threat of JR to all people with power in the EHCP team, to the directors of education and children's services and gave them a week to respond and to finalise. I also contacted my MP and the local councillor for education.

Not a single response, not even an acknowledgement of my email. Of course, no final plan either.

Anyone dealt with someone like that? I am so fed up by these people in the LA who think they are above the law. I am so worn down by it all. It's hugely stressful having a child excluded for education for so long. The EHCP is almost 3 months overdue and nobody cares. Anyone been in a similar situation. Is there anything else we can try or do we really need the solicitors for a JR (Sossen have a wait and we are on a tight time line with only very few places left in the school who offered us a place so would probably have to fund it for speed). If anyone has any other ideas please hit me. I will not go to the press or so before anyone suggests that. Not for me, nor for my child.

OP posts:
blackgreenandgrey · 24/04/2025 22:18

@StrivingForSleep wholly independently, not a section 41 school. Does this make a difference given there is no other offer and no other school can meet need?

Compulsory school age. Supposed to start GCSEs in Sept but that may all go out of the window now. He is very bright, just very unwell mentally and unable to cope in MS. mainstream has referred to a PRU but currently full. No idea if we are technically excluded. Return is impossible due to very poor MH 😔

OP posts:
StrivingForSleep · 24/04/2025 22:12

If the threat of JR hasn’t worked, you need a pre-action letter, I’m afraid. As you said, the normal complaint process timescales take too long, so it isn’t a suitable remedy.

If DC is on the roll of the mainstream, the school can’t lawfully say they won’t allow them to attend unless they are formally suspending/permanently excluding DC.

Is the independent school a wholly independent school or a section 41 independent?

Is DC compulsory school age?

blackgreenandgrey · 24/04/2025 22:02

CleverButScatty · 24/04/2025 22:00

Have you submitted a formal stage 1 complaint through their corporate complaints procedure?
MP letter?

Not done the complaint. I know people who did it stage 1, then stage 2. all upheld and still no plan and it will take too long. We are going to lose the placement and nothing will change. We need some plan to getting sort ASAP if that makes sense.

MP letter done. He ignored me too 🤬

OP posts:
Wickeswench · 24/04/2025 22:01

Sorry I don't feel I can offer advice right now but sending solidarity. I have EHCPs for two of my children on the go. The gaslighting from the LA and the schools have broken me 😔.

CleverButScatty · 24/04/2025 22:00

Have you submitted a formal stage 1 complaint through their corporate complaints procedure?
MP letter?

blackgreenandgrey · 24/04/2025 21:58

Wickeswench · 24/04/2025 21:57

I'm guessing you're in Surrey?

Nope, further North. I think this shit show is common all over England :(

OP posts:
Wickeswench · 24/04/2025 21:57

I'm guessing you're in Surrey?