To be awake and feeling tearful over SEND EHCP disaster

If we’d wanted a mainstream, we could have named as many mainstream schools as we wanted. And we’d likely have got a place in one. But as we wanted a SEN school we were told one mainstream had to be named, but the rest could be SEN.

Our daughter’s EHCP highlights the need for 1:1, small group learning and daily TA support. Our local mainstream has no TAs and no possibility for 1:1. So they said under no circumstance could they take our daughter.

The LA told us they can consult with s41 schools but not non-s41. In our area we have both, so we got a place at one that the LA could consult with.

In fairness I can see why local authorities have to force schools to take a pupil sometimes.
A friend went through this process with her son a couple of years ago, all the state secondaries they looked at (her child didn't need a SEN school) initially refused and claimed they could not meet need. Friend challenged and her son got a place at the mainstream school they wanted which had initially said could not meet need. Her child has been absolutely fine at the school, they have not struggled to meet need at all. Child attends mainstream classes, is socially integrated and has plenty of friends etc. If anything it seems like the high level of support they have is more than is needed at times.

I think schools just instinctively refuse to accept SEN pupils because they know these children are less likely to bag a set of high grades at Gcse.

You were very lucky - schools are forced to take many students that they refuse at consultation stage. While in your case it worked out for you, mainstream schools couldn’t be allowed to turn down any pupils that they deemed to be too challenging as that would be seen to be discrimination - especially for those parents who want a mainstream option. Local authorities can’t direct independent schools but they can direct all maintained schools.

What advice have the primary school given you about schools? When applying for secondary did they not support you at all then? I am a bit confused whether you picked a school and are not being offered it, or if you didn't know about looking at schools and selecting one.

If all else fails you could ask the primary SENCO to hold an emergency review and redo the plan. Once it again goes to draft you can then object to any inaccurate content left in by the LA. Not ideal and a last resort if SENDIASS can’t help you forward differently but an option to at least have a plan that reflects your child.

@Chai88 Your experience is in the minority I'm afraid.

The LA can force admissions into any school via EHCP except fully independent schools. They would have to provide evidence that the placement will be either unsuitable to the child or incompatible with the efficient use of resources. Even being oversubscribed wouldn't stop a school being named on am EHCP being forced to take the child.

Seriously? That’s awful. When that SENCO rang me she was adamant the LA could never force them to take my daughter. I then asked the LA who said they needed a formal response from that school and would then take that into account. So we got a place at a SEN school. Do you think we would have regardless? Such a confusing process and I feel for OP.

Unfortunately your second paragraph isn’t entirely accurate - schools often say they can’t meet need and the LA will just direct them to and name the school anyway. I’m working with several families in this situation - it’s very common 🙁

@Oneofeachclub - thanks for that! Just applied to join

i really feel for you. This process is awful and we’ve just been through it. The LA will always name one mainstream school, they're forced to and it will likely be your most local one. Then they name SEN schools too.

In our case we were extremely lucky in that the SENCO in our local mainstream was a horror. She clearly did not want to deal with my daughter’s needs and took a massive dislike of her on the open day. The day she got the EHCP she rang me and said theres no way the school will accept my daughter. So that’s how we got a place at a SEN school for September.

If I were you I’d get this mainstream school on your side. They can say to LA they can’t meet needs and then the LA can’t send him there.

It’s a luck of the draw which is awful. Everyone I speak to - doesn’t matter how much the child needs a SEN school. It all comes down to whether this one named mainstream says yes or no.

So sorry this is happening. But you can always appeal and if it ends in tribunal you’re very likely to win. Everyone I’ve heard of who’s ended in tribunal have got a SEN school in the end. Tough process though.

Not much help as I’m on my way to work - just to say I get you. My DC is a bit older than yours and I’m waiting to hear about specialist after I called an emergency EHCP review. It’s been brutal.

PLEASE do not blame yourself: it will get you nowhere other than to make you feel crap. You’re doing your best in a broken and far too complicated system. It really shouldn’t be this hard 💐

If you're on Facebook Empowering Families - SEND and EHCP Help and Support are very good

https://www.ipsea.org.uk/

These guys are very good too.

I was just going to ask whether you’d identified a specialist placement that is suitable - this is the reality in many areas, there just aren’t any alternatives so kids get pushed into m/s for want of anywhere else and then the LA can say “we gave you a school”.

I’m so sorry - it’s such a mess and there’s no easy answer. As others have said I would contact the secondary SENCo and your local SENDIASS on Monday and get some robust advice. I would also add your edits to the EHCP as soon as possible and submit it back to the SEN department.

What are all those acronyms? What are you saying?

Can you speak to the school in question on Monday & see if they can help you appeal against it. Surely they will be of the same opinion as you.

try and get some rest cos there is not much you can do till Monday. Don’t beat yourself up about not seeing the email. Thats happened & in the past, you know now so can take the action you need.

sounds exhausting that you have to fight for all these things & they aren’t being done right

Think my tiredness has caused me to invent a word there..

They will have to finalise the EHCP again, naming a school in section I. This will give you the right of appeal.

What does the section I currently say?

Can you go through it point by point and refute it? Sorry not sure if that’s how they work or are laid out, you’ll def get better advice on the SEN board.
so if it says X is settled well in the classroom and takes part in playground activities-
you could refute with
X struggles within transitions in the school day, the noise and busyisness of activities ending and pupils and adults moving around the classroom and corridors is stressful and overwhelming?

Contact Sendias on Monday and explain the situation - they’ll be helpful and guide you onwards xx