Moving to new area with child in sen school

@perpetualplatespinning Yes we just signed the consent order this week. We appealed around November 2024. We were told Tribunal would be November 2025. So we are relieved it has been confirmed a lot earlier than expected.

why did we have to go through all that hassle.

@TapRab because it saves money in the short term. Some parents wouldn’t appeal and when they do, like you, it kicks the can down the road.

BTW, the appeal is being conceded by the LA and settled via a Consent Order, isn’t it? You aren’t withdrawing it?

@PeaHen99 I kept my son in mainstream but it was unsuitable for him. DS was part of a small group but he was just being baby sitting him.
I do worry if we move he will be without a special needs setting for a year like he was this year.

@perpetualplatespinning Sorry if I was not clear, I did ask why do LA’s prefer parents to go through to tribunal?
Last year my youngest son had his EHC plan awarded and sent him to a mainstream with additional hours. We appealed straight away and had our tribunal case for this November. It was taken to first-tier SEND tribunal and settled there. DS will attend this September. He did attend mainstream school for a year while we waited. It was strange because they first rejected him because of the school being full. However, after the panel took place this week they offered him a space. Absolutely shocked but very happy. We just wondered why did we have to go through all that hassle. The tribunal proceedings in November have been cancelled because they have agreed on placement.

I think it all comes down to funding. Forcing parents to go through the appeals process delays the LA having to pay for special school/extra provision by about a year. Not to mention those who don’t bother appealing.

The LA know exactly what they are doing as they only win less than 2% of tribunals, but they face no penalty for making bad decisions so they continue to do it.

My son was out ot school for over a year and regressed significantly as a result, the whole thing makes my blood boil!

@TapRab do you mean why do LAs refuse and force parents to appeal? If that is what you mean, it is because LAs know some parents won’t appeal and even if parents do successfully appeal, it kicks the can down the road and saves money in the immediate.

@RiRi25 I support parents who have disabled DC, and it is what I have seen/heard from supporting them. If you want statistics, you can see various one by playing around on the government’s website here.

@perpetualplatespinning Why do LA’s prefer if parents appeal? My son went through First-tier tribunal and his school place was accepted. It wasn’t until we appealed it got accepted. So I can see why this is the case.

Recently many are finding Hillingdon, Camden, Islington and Bexley difficult to deal with.

There are several London LAs who are safety valve LAs. You might want to avoid those.

@TapRab I’m not sure that’s something anyone else can answer. It will depend on individual situations. The one universal con that will apply to all is you may need to appeal. In your situation, a pro would be being nearer family and if you want DC attending the same school, a con in your eyes would be that they may not. Beyond that, it would be impossible for me to comment on pros and cons without knowing your situation.

@perpetualplatespinning could you tell me the pro’s and con’s of the move with a child having an EHC plan? The only people we can speak to in Birmingham is Sendias and the person who keeps answering the phone is absolutely unhelpful. She always claims she can’t answer anything unless we officially move. I just hoped I could get a little advice.

They just aren’t an easy LA to deal with.

@perpetualplatespinning Why is Birmingham a difficult LA?
I do agree having them together would be ideal but I’m aware it won’t always be the case.

@TapRab even if you have only just had the AR, the new LA will still review the EHCP either within 12 months of the previous AR or 3 months from the date of the transfer, whichever is the later.

There is some risk. Some decide they want/need to move anyway and accept they may have to appeal. Some decide to stay put.

Birmingham isn’t an easy LA to move to.

There is no guarantee DSs would attend the same school. Getting EHCPs right and the right support for DC with SEN is hard enough. I wouldn’t base the decision on siblings attending the same school.

@perpetualplatespinning thank you for your reply. Would you suggest doing the move just around the start of the annual Ehcp review? The eldest was completed last week. It’s usually around May. This way the new LA will not have a reason to re-asses the EHC plan? Overall, is the move risky? Do we really need to consider if the boys will be able to attend the same school together? We are looking at Uffculme school in Birmingham and will move around that area if that helps at all.

waiting lists for SEN schools

Just so you are aware, waiting lists for (non-wholly independent) special/specialist schools don’t exist in the same way as they do for admissions to mainstream schools for those without an EHCP. On its own, being ‘full’ is not enough of a reason to refuse to name your preference in the EHCP. The LA would have to prove the school is so full admitting DD would be incompatible with the provision of efficient education for others or the efficient use of resources. This is a higher bar than many LAs and schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. However, that doesn’t stop LAs refusing and forcing parents to appeal.

@TapRab so when you move LA with an EHCP, the new LA becomes responsible for the EHCP on transfer. That happens on the day of the move if you give the new LA notice of at least 15 working days or 15 working days from when the LA was informed of the move if you don’t (Regulation 15 of the Special Educational Needs and Disability Regulations 2014). This includes becoming responsible for the placement named in section I where it is still feasible for the child to attend the existing school. If that isn’t practicable, the LA must make other arrangements for education.

Within 6 weeks of the transfer, the new LA must inform you when they will review the EHCP. This must happen within 12 months of the previous review or 3 months of transfer, whichever is later (Reg 15 again).

You won’t be waiting a year for education to be arranged. If the LA drags their heels, you can enforce provision. But you may be waiting 12 months from the previous annual review for the review to be held.

LAs don’t always name the same type of placement. There is nothing in law stating they must. However, as long as your preference isn’t wholly independent, the LA must name your preference 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.
(section 39 of the Children and Families Act 2014)
The bar to prove one of these is high. Although LAs often refuse and force parents to appeal.

And you can still ask for a wholly independent school. You would need an offer of s place and to show the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure. And, again, LAs often force parents to appeal.

Hi I was wondering if you could help me. I am in a similar position to OP. I have two sons both in a special needs school. We live in Oxford but hope to move for more support as we have no family here. I understand the new LA will make a desicion but I have heard that they are obliged to find the same/similar settings. I am so stressed about the potential move because I am worried they will be out of school for weeks. You mentioned a review stage that can take 12 months? Does this mean we can be waiting for a whole year until the council makes a decision?

@RiRi25 I was also advised that SENDIST may push back the tribunal date by a couple of months, but as I was moving anyway I didn’t have much choice. I moved 4 months before the tribunal and it didn’t affect the date.

My son has moderate autism and learning difficulties along with severe anxiety. He was out of school as he could no longer cope in mainstream. I get the impression it’s fairly common for LAs to blanket refuse upping a child’s support and forcing a tribunal.

I found that a few schools were willing to look at his EHCP off the record so I knew if they were likely to offer a place when formally consulted.

There is a chance your current LA may provide what you need if they are forced to at tribunal, would you be happy to stay put if this were the case?

I think if you are moving anyway and can find a placement that meets your daughters need it’s worth tying in with the tribunal