School say they can't meet need - what next?

I don't know the legalities but it sounds bizarre to me because I'm a TA and I've had kids in class who would routinely run out of the classroom (like multiple times a day) and I would have to follow them round and round the playgrounds for hours every day (even though I was not 1-1). Other children routinely trashed classrooms or shared areas, literally breaking furniture, etc. I have been hit, kicked and another MDS I know was bitten! All that to say, not one of those children was ever excluded (though some of them absolutely should have been!). Your son sounds exactly as I would expect for an ASC kid in a new setting. Massive overreaction on the school's part imo.

Personally, I wouldn’t bother with mediation. I would just get the certificate and submit an appeal to SENDIST.

In terms of knowing what type of establishment the establishment is, you need to look at what it says the ‘School type’ is.

However, I don’t think this is a RP which is a separate establishment. Is the establishment name the name of the mainstream school? It can be LA led and admissions separate to the school in terms of how it runs day to day and admissions but still not be a separate registered institution.

Once you have the finalised EHCP, you will be able to appeal.

This is where it becomes very important to know for certain what type of establishment the RP is. RPs come in different forms. Most are not separate registered institutions and are part of the mainstream school. A smaller (but increasing) number are satellite units of special schools but on the mainstream school’s site and pupils in these units are on the roll of the special school (sometimes also dual registered with the mainstream school). A very small minority are a separately registered establishments despite being on the site of a mainstream school. You said the RP is a separate entity rather than part of the mainstream school. You need to check this. You can check this here. This is really important for next steps.

If it is a separate entity, you need to know if it is wholly independent.

If it isn’t a separate entity and is a satellite unit of a special school, you need to know if the SS is wholly independent.

I'm so sorry. And that's crazy isn't it: "we offer more than the mainstream but we can't meet his needs so...he should go to the mainstream?!"

It’s great DS has been in school and happy.

Of course the school knows they were wrong. They were hoping you wouldn’t know or if you did, you wouldn’t challenge them. Well done for standing up to them.

If you don’t already have it in writing, I suggest you send an email recapping the week so you have a paper trail as evidence should you require it. For example, to show DS hasn’t been in lessons this week.

That's definitely progress, well done both of you!

How's it going OP? Has DS managed to get back into school?

You said the RP is a separate entity; do you know what type of establishment it is? You need to know if it is registered as a wholly independent school or not. I would guess not, but you need to know for certain.

Unless a school is wholly independent, the LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs
-Attendance would be incompatible with the provision of efficient education for others
-Attendance would be incompatible with the efficient use of resources.

If the LA can’t prove one of the above, the school can and must be named even if the placement objects. The bar to prove one of the above is high. Far higher than LAs and many placements admit. The school is trying to argue the second. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. You should ask questions about specifics. Normally LAs rely on vague reasons but that isn’t enough. For example, start by asking questions such as what children? What incompatibility? Is it really incompatibility with efficient education or only incompatibility with providing an education in excess of what is considered an efficient standard of education? Could anything reasonably overcome the incompatibility?

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

A pre-action letter is a formal legal letter warning you will take further legal action should the situation not resolve. A shot across the bow, if you will. It is a step required before you look at judicial review. That’s a bit simplistic, but you get the idea.

I’m furious on your behalf.

If the school does not back down, I think you need a pre-action letter.

Once DH has called, follow up with an email setting out what was discussed so you have a paper trail as evidence.