Quitting work for son who is Severely Autistic

[Mirrorsandsmoke]

DS is 9. Non verbal, ASD and has severe learning disabilities. Unfortunately, he is in a mainstream school awaiting a place in a Specialist Provision. There is one named on his EHCP but they cannot accomodate him due to no space.

We have expressed that we are more than happy for other specialist provisions to be consulted if there is no space at the one we prefer, but despite saying this we get no further.

DS is now refusing school, screaming, biting teachers, biting me if I put his uniform on. This morning he sat on the road and would not get up. I thought he would be ok as we left the house and he was fine - no meltdowns

Once we got there, he screamed and pushed the teacher away. I have had to bring him back home.

DH and I both work but as DS is getting stronger, I can no longer physically lift him or restrain him when he's trying to run off. I also have a 6 yr old who is late to school because of it.

She has missed 2 days recently as DS would not leave the house and of course the teachers cannot come and get her from my house.

Before we make the decision for DH to quit work, is there anything I am not thinking of? Is there a way to expedite the process of DS getting in to specialist provison?

I think take it into your own hands, find several establishments that would suit him then get them all named in EHCP or just the one with the vacancy. You can look into private providers too if you haven't.

This is extreme behaviour and you should not be told to wait.

Any access to respite care? At the moment it seems as though you need childcare to settle him then an educational setting.

Leaving work - I took a few years off, our situation was just about manageable but was killing me and the only thing that could go was work.

Would dh be OK all day every day with ds? Anyway you could both go part time?

You do really want ds in a setting so giving up work now might be unnecessary but I get it feels the only way when the solution is way off.

Honestly it sounds like mainstream provision is totally inappropriate to meet his needs. How is he coping academically? Is he learning or is it basically childcare at this point? Does he socialise/interact with the other children in his class? If not, what is he getting out of being there? Is he actually getting an education?

I would not send him to school if the provision isn't able to meet his needs. Have you looked at all the SEN provision in your area? Have you been given a timescale as to when a place might be available at the special school?

If one of you can give up work in the meantime, I'd keep him at home. Have you spoken to your MP? They are often good at putting pressure on the LA in situations like this.

If a school is named in section I of the EHCP, they must admit. They don’t just get to say they are full. Since a wholly independent school can’t be named if they don’t agree to offer a place, it obviously isn’t a wholly independent schools so remind the school of their duty under section 43 of the Children and Families Act 2014. What type of school is it? What is the school saying? What is the LA saying?

Also, remind the LA they are responsible for the EHCP and ensuring DS still receives a suitable full-time education.

Thanks for the replies. I wrote to the MP last week so hoping to hear back.

The school named is not wholly independent. The current school has said repeatedly that they cannot meet DS's needs, we have also been pushing but get no further. LA is saying they have consulted other schools but none can meet his needs, the ones that can have no space either.

They have offered the current school some support but to be honest id makes no difference.

We have written to the EHCCO handling the case and chasing again. We just had a meeting with the current school and been told they are reducing his timetable to 3 hrs a day. This may help him so we are open to the idea but also means DH will quit his job. We both have used most of our annual leave so can't see any other way of collecting him at 12 everyday. They said this is only until he improves which may never happen

I will take it to the tribunal, hopefully we will get somewhere

I'm confused as to how is he still in mainstream if a specialist setting is named in section I of the plan? Have they stated for a start in Sep 26 or similar? As mintchochip says if they're named they MUST accept him.

He's entitled to suitable full time education. If he can't attend his current setting ask the LA for section 19 provision. They must find and fund alternative provision for him. They won't want to do this so you may need to look at legal action to enforce his rights. They also can't force yiu to accept a part time timetable (but I appreciate you probably don't want to be forcing him in when he's clearly unhappy either).

Have you both considered parental leave? This and a pre action letter for Judicial review to get appropriate education in place might buy you enough time to not need to quit.

If the school named in section I of the EHCP is your preference, you don’t need to go to Tribunal. Tribunal would be to pursue amendments the EHCP. Unless your preference hasn’t been named, you don’t need section I amending. And since you didn’t appeal B&F previously, you are presumably happy with them, so they don’t need amending either.

The school named cannot just refuse to admit. It doesn’t work like that. What type of school is it? This will influence how you can force their hand. For example, is it maintained, an academy, s41 independent?

In the meantime, as @RudolphTheReindeer said, the LA is still responsible for ensuring DS receives a suitable, full-time education and anything in F.

The school named on the EHCP, says that they cannot accomodate DS due to lack of space. The LA have informed us that they will let us know when a space becomes available

The LA has also consulted out of county schools which have all come back saying the same. I found a couple other schools, one is private. I have just had a reply from the EHCCO to say she will consult them but I am not hopeful.

I have been told specifically that DS had not been offered a place, just that named school can meet his needs but cannot be admitted yet due to the school being full.

LA has advised they can 2 do things to support;

• offer outreach support
• the school considering alternative provision and liasing with the LA

I just dont understand how it is possible for the named school not to admit ds when everything I am reading says otherwise. No timeframe has been given

I will definitely remind them that we do not have to accept the reduced timetable, I really appreciate the advice. I have just looked at section 19 and honestly cannot believe I didnt research this sooner. Thank you

It doesn’t matter what the school says. They are named. Therefore, as per section 43 of the Children and Families Act 2014, they have a duty to admit. They don’t just get to say they won’t. They don’t get to say they will let you know what a space becomes available.

I have been told specifically that DS had not been offered a place, just that named school can meet his needs but cannot be admitted yet due to the school being full.

If the school is named in section I, this is not how it works. Don’t believe everything the LA and school tell you. They will tell you what they want you to believe and what they want you to know. It will help you to read IPEA and SOSSEN’s websites and the SENCOP.

Similarly, for the other schools that have been consulted if they are not wholly independent. If they are your preference, the LA must name them 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; or
-Attendance of would be incompatible with the efficient use of resources.

The bar to prove one of the above is high. Far higher than LAs and many schools admit. Being full is not defined in law, and for non-wholly independent schools, 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 DC is incompatible. The bar for this is higher than many LAs admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. For non-wholly independent schools the LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons above.

What type of school is the school that is named? Knowing this will influence what you can do to force the school’s hand.

Lovely to see you are getting good advice on getting the right school for your son. This is major.

But your question was about work.

Only thing you might not have thought of is social services can support with wraparound care. You’d need to self refer as a family in crisis. They could maybe help with a person for an hour each morning even to get your daughter to school whilst you focus on son. You can figure out what support is needed.

Honestly though, yes, I would say one of you needs to stop work. My son attends a special school so I know loaaads of SEN families. Literally none has both parents working for all the reasons you give. Unless you are both very very well paid and can afford a full time nanny.

Current set up is unsustainable.

If op can sort school it will be easier for her to work.

@scoopofmintchocchipicecreamis correct that the school must take him. I would get onto the LA and school and just blatantly tell them you'll be bringing him in from Monday and mean it. Tell them if they don't take him and turn him away you'll be filing a disability discrimination case and do it https://www.gov.uk/complain-about-school/disability-discrimination