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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Would you fight to get your DC into a school that didn't want them?

60 replies

CyberSpaceTraveller · 01/02/2023 19:13

Wondering if I should just give up. Been going on for over a year now! Totally drained and feel like I'm coming across as a bit like a dog with a bone and slightly unhinged!

DC has SEN and school is a specialist with life altering outcomes.

Alternative is a 'time wasting' provision (IMO) where outcome is probably going to be low levels if independence and lots of social care input.

WWYD?

OP posts:
secular39 · 01/02/2023 20:26

£250k a year college

Wow that is expensive....faints

x2boys · 01/02/2023 20:27

I think it depends though if the school.itself is saying it can't meet the child's needs ?
my experience is only anecdotal but I know if some chlldren being placed in section41_schools and after a while the school itself says they can't meet the child's needs even though the LEA agreed to fund.

x2boys · 01/02/2023 20:28

secular39 · 01/02/2023 20:26

£250k a year college

Wow that is expensive....faints

Yeah it would blow your mind what some placements costs ,not that this is relevant 🙄

secular39 · 01/02/2023 20:30

If it's a section 41 school then I think it's worth admitting. Though it may be difficult for the LA to agree to fund if school saying that it can't meet needs. I've had the same issue before but I thought to myself I don't want to force for a school to admit my children but then again my DC's are younger and as you are away, the provisions for adults with SEN are scarce. So I'll say, do it! But brace yourself and look for an alternative school as a back up (I.e. the school may not tick all the boxes but the LA fund extra provisions if need be).

secular39 · 01/02/2023 20:32

@x2boys I just don't understand why these schools are so expensive. I mean special needs in general and provisions is expensive but that is ALOT. To be fair, it's either that or adults being detained in mental hospitals or wrongly placed in prisons.

CyberSpaceTraveller · 01/02/2023 20:33

The most crazy making thing is that this college said at first they had no concerns, invited us to visit, which we did, all very positive, talked about a 3 year programme they'd offer him where he could choose a course to study along with living skills etc.

They said to ask the Local Authority to formally consult with them and then they'd invite him for an assessment. I gave them all his paperwork when I initially contacted them detailing his self harming, learning disability everything. Same as Local Authority would have given them. Totally honest about previous placement breakdowns and his MH.

Then they said they couldn't met his needs in response to the Local Authority consultation. Totally shocked as thought I'd finally found the right place for him. Burst into tears actually which shocked me as well!

They did invite him for an assessment after a bit of wrangling but then said because he couldn't answer some academic questions (he hadn't been in education for over a year and had been a recluse with social anxiety for all that time) so again said they couldn't take him.

Tribunal judge has now ordered them to do another assessment but don't think it will be an unbiased opinion will it! Can't ask someone independent to over see it.

Tribunal has been adjourned until this has taken place.

So wondering if this is just a waste of time and should just give in.

OP posts:
JustKeepBuilding · 01/02/2023 20:34

Don’t give up now! After waiting all that time for a hearing.

ShoesIBoughtYouAsAPresent · 01/02/2023 20:38

x2boys · 01/02/2023 20:28

Yeah it would blow your mind what some placements costs ,not that this is relevant 🙄

I think it is relevant, as there isn't an infinite pot of tax money. Of course, if spending this much now means saving money later on (as the person concerned is able to be more independent and so forth) then it's worth it in the long term not just for the person concerned but for society as a whole.

CyberSpaceTraveller · 01/02/2023 20:43

Just to make it clear - I had no idea of the cost of this college when I was researching it. Fees are not on their website (none of these colleges advertise their fees) as they are all Local Authority funded, plenty of other students get funding. I was horrified myself when I found out the cost from the Tribunal evidence.

I was just looking for a provision for my son and this is on the list of SEN colleges on the Department of Education website.

OP posts:
secular39 · 01/02/2023 20:46

CyberSpaceTraveller · 01/02/2023 20:43

Just to make it clear - I had no idea of the cost of this college when I was researching it. Fees are not on their website (none of these colleges advertise their fees) as they are all Local Authority funded, plenty of other students get funding. I was horrified myself when I found out the cost from the Tribunal evidence.

I was just looking for a provision for my son and this is on the list of SEN colleges on the Department of Education website.

@CyberSpaceTraveller

Please! Don't ever feel like that! This is not a reflection on you at all. My own DC's attend an independent specialist school, well one does and the other an independent mainstream primary all funded by the LA.

You need to do what's best for your son. Costs are irrelevant. I do think special needs provision as a whole is ludicrously expensive (and a business for some) but that's another story.

QuantifiedSpecific · 01/02/2023 20:50

DONT GIVE UP NOW!!!

Have you done a subject access request on both the LA and the college, to find out exactly what they have said to each other? If not I’d do that tonight. Are you self representing?

Spring23 · 01/02/2023 21:11

Having read the updates, even if you ultimately get a no I'd do the revised hearing/assessment as I'd always wonder otherwise if I should have.

CyberSpaceTraveller · 02/02/2023 00:09

QuantifiedSpecific · 01/02/2023 20:50

DONT GIVE UP NOW!!!

Have you done a subject access request on both the LA and the college, to find out exactly what they have said to each other? If not I’d do that tonight. Are you self representing?

Representing ourselves at Tribunal yes. Legal aid will not cover a rep at Tribunal but the LA can have a barrister! I have had quotes of £3-5k just to look over the paperwork at this last stage when most of the work has been done already which is impossible for us.

Legal Aid solicitor was supposed to prep the paperwork but I have had to do most of it myself as she disappears for ages, doesn't respond to emails, reply to phone messages etc. They take on tonnes of cases to get the money but can't do the work.

I did a SAR last year as LA wouldn't give me costs for Supported Living, Social Care etc. Already discussed DS going into SLwith his Disability SW but only to give a case for inefficient expenses for Tribunal although he'd need it in the future if no progress in local college. Also requested they give me copies of all comms with specialist college so I could see what was said.

I was told that DS's file has sensitive information (err not that I was aware of!) so would take 3 months to to give the information. This meant I didn't get it before the initial Tribunal hearing! There was nothing in there anyway.

Tribunal was supposed to take place last June. Specialist college had sort of backed down just before that as they requested further information for 'future discussions' with us, Then Tribunal was postponed to December a week before it was due to take place due to capacity issues. I got it brought back to October on appeal as DS had had no provision for a year but at that hearing specialist college said they were full as of September so we lost a place for DS starting then. I got an adjournment to this month so I ask for it to be named for the coming September but specialist college now ramping up the 'we can't meet his needs again' which is why Judge ordered them to do another assessment. It's just been going on for so long and so stressful.

I said to DS last night, shall we just leave it and you try and get a job with social care support but he vehemently said No way, I want to go to college and get an education and I need support for my mental health. He's been waiting 18 months for Art therapy. Was offered 4 sessions starting this month. Today was the 2nd session and it was cancelled!

OP posts:
Spring23 · 02/02/2023 08:03

My goodness, that sounds like you and your family have been on trial. As for the LA having a barrister and legal aid not covering it, just awful...

Needs a group of MPs to take up and reform this 'system'.

JustKeepBuilding · 02/02/2023 09:32

Is the art therapy specified and quantified in F as it should be? If so, the LA should be providing it, and anything else specified and quantified in F, whilst DS is out of education. If they haven’t you could have gone down the judicial review route.

Crazycrazylady · 02/02/2023 22:22

My only fear would be that even if you managed to get him in against their wishes, would they be capable of setting up to fail..
It all sounds incredibly difficult for you all but have to say you sound amazing!

JanusTheFirst · 03/02/2023 07:23

I admire your persistence and strength but I wonder if it is worth it in the end.

The school doesn't want him and have made that clear. I wouldn't want a child of mine forced on staff who don't want him there. They are not going to go the extra mile and may resent his presence.

CyberSpaceTraveller · 03/02/2023 12:35

JanusTheFirst · 03/02/2023 07:23

I admire your persistence and strength but I wonder if it is worth it in the end.

The school doesn't want him and have made that clear. I wouldn't want a child of mine forced on staff who don't want him there. They are not going to go the extra mile and may resent his presence.

I wonder that too but the alternative is leaving DS to SC and living on disability benefits in a dark room for the rest of his life!

I really want to give up as the stress is horrendous but just found out this morning, the home based outreach provision the Tribunal made an interim ruling that he should attend for the rest of this academic year are stalling as no LSA for him and it took 6 months to find one previously so doubtful they'll do anything before July.

Two years then of no provision under his EHCP!

The LA pushed to name them and they presented a timetable for him saying they could meet his needs but are now saying they can't deliver it!

Unbelievable!

OP posts:
JustKeepBuilding · 03/02/2023 12:39

If the LA don’t comply with SENDIST’s directions threaten JR.

QuantifiedSpecific · 03/02/2023 13:31

Yes threaten JR. And you can also complain to the LGSO too.

In this circumstance I’d call your MP too.

bellswithwhistles · 03/02/2023 13:37

He has ASD and psychologist believes his learning disability diagnosis is overstated due to lack of support to engage in his education previously which has always been my opinion. No EHCP until age 15, ASD not correctly diagnosed until he was 17. No qualifications from mainstream secondary as they didn't enter him for any or try to get him an EHCP.

I'm so confused. He really doesn't sound that bad? Why does he need to go to a specialist residential college that will cost the LA a fortune? Can he not just go to the local FE college?

QuantifiedSpecific · 03/02/2023 13:44

bellswithwhistles · 03/02/2023 13:37

He has ASD and psychologist believes his learning disability diagnosis is overstated due to lack of support to engage in his education previously which has always been my opinion. No EHCP until age 15, ASD not correctly diagnosed until he was 17. No qualifications from mainstream secondary as they didn't enter him for any or try to get him an EHCP.

I'm so confused. He really doesn't sound that bad? Why does he need to go to a specialist residential college that will cost the LA a fortune? Can he not just go to the local FE college?

Ohhhhhh riiiiiggghhhhhttttt.

Good input there, poster. Good input.

I would imagine that you’re confused quite a lot.

x2boys · 03/02/2023 13:44

JustKeepBuilding · 03/02/2023 12:39

If the LA don’t comply with SENDIST’s directions threaten JR.

From my understanding I don't think it's the LA that.are refusing to.comply ,but that the named school,are saying they can ,t meet the Op,S son ,s needs?
which makes it more difficult as I'm not sure a private specialist school can be forced to take a pupil.who they feel wouldn't benefit from their service ?

x2boys · 03/02/2023 13:50

x2boys · 03/02/2023 13:44

From my understanding I don't think it's the LA that.are refusing to.comply ,but that the named school,are saying they can ,t meet the Op,S son ,s needs?
which makes it more difficult as I'm not sure a private specialist school can be forced to take a pupil.who they feel wouldn't benefit from their service ?

ah ignore that ,the Lea ,also don't want.to fund .I have just re-read the Op..

saoirse31 · 03/02/2023 13:54

Id keep fighting. You sound like a fantastic parent, you know your own child, you know he'll benefit from this school.all the people saying , give up, they don't want him etc etc, half of them would be saying in a physical emergency you know your own child, keep pushing.

I really hope you succeed, best wishes.

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