to think of suing LA for SEN school fees when they eventually give DC an ECHP?

[ehcpnightmares]

DC 13 in state school which is not going well at all
He definitely meets criteria for EHCP but LA refusing to assess (we have appealed)
We can pay school fees for a couple of years (if we can find one that fits him with a place)
Hopefully in the future LA will pay school fees, but wondering if we'd be able to reclaim the fees for the next year, given they had no good reason to delay ECHNA?

We had no trouble getting my son's EHCP but it isn't worth the paper it's written on because of the shortage of SEND places.

In our long and miserable experience the best provision is in mainstream SRB settings. Independent SEND schools have all been dire and in one case very damaging and dangerous.
Stick in the LA system. Obligate the LA to meet his needs. And no, don't even consider paying then suing.
Put your energy into getting the EHCP and making it watertight.
And then keep fighting like hell.

My understanding is that getting a special school place is really difficult because it is so expensive. The LA will first look at ways the school could meet needs, through intervention and support. And then they will look at other state schools locally eg those with SEN bases. You'll have to prove the school you want is the only one that can meet his needs.

Feel free not to answer but is he currently attending school? Has he ever been excluded from school?

Also, has the SENco put that they can't meet his needs in writing?

Realistically councils are now refusing to assess all plans at the first stage, delaying saves money. Most are refused at the first request, nearly all are allowed at appeal. It’s stupid logic, they often pay more on legal fees.

However, do not expect to get anything back for what you spend prior to the EHCP and do not expect to get the placement you want from the EHCP. It’s very likely you will be offered a mainstream school with extra support. Expect another tribunal if you want a different placement.

If you can afford it a private EP report, ideally from one working with state schools, is an excellent start.

Why should it be such an exhausting, expensive fight to get your kids needs met? This country is so barbaric.

I'm not sure.you can pay for private SEN,schools ,there are strict. Criteria they have to meet,and they cost ££££,s

Because even people on 100k a year are unwilling to pay higher rates of tax

Because people would rather pass wealth to their kids than to the children most at need

Because sen children have limited potential economic value

They are unlikely to pay for private school for a child who has made it to age 13 without a ehcp. Yes he needs one but to stipulate help in his existing school eg my dd had a private study space set aside in her school and work set by her teachers because she couldn't cope with the classrooms. They are never going to refund fees you have paid

Otherwise he may be placed in a state special school or small unit, not the private school of your choice, sorry

The whole system is rubbish but as it’s often hard enough to get an independent specialist school placement agreed with an ehcp I don’t think you stand any chance of getting it funded retrospectively. Realistically it will be a fight to get a place funded in one at all.

did you do mediation or just get the certificate? I am currently helping a family member through the process and we where amazed that at mediation they agreed to assess

I don’t have anything to add about the process or anything but I feel I need to say that LA do have the money. It would not be coming from other children. I previously had a job that included some work with LA budgets and let me tell you the amount of money they waste is eye watering. The amount of money passed around just to be wasted, used on unnecessary projects and the waste on wages of people who literally have some made up title and do absolutely nothing would make your eyes pop out. We think the LA are counting the copper but trust me they are not. Google the wages of the top dogs in your LA. Having worked in many I can honestly say I have not come across a single one that was worth that wage. I couldn’t name what any of them actually do apart from spend days in meetings that lead to nowhere.
Sorry op I know it’s unhelpful but it just pisses me off so much.

No you will not be able to claim anything back because you will never be able to prove what "would have happened" if you stuck with state provision.

The private SEN-specialist schools are full too, and you may not have much luck getting a self-funded place. However, in the event that both a place exists and LA funding exists for a place at the school, there will already be half a dozen kids who have already got their EHCPs having been delayed and mucked about for just as long as your child but eventually got through the process, who clearly and demonstrably need that place and who have been out of education for a year or 2 waiting for a place to be available. They will have to identify the child most in-need and it is unlikely to be your child.

It's definitely really bad how much effort it takes to get a child's educational needs met. I am not saying it's a good system. But the kids further ahead in line than your child have already been through the same shitty process. The fact that your child's needs aren't being recognised or met is not evidence that those other kids are receiving any kind of favouritism.

A podcast I listened to recently described working to support children with mental health and additional needs as being in a small rowing boat in a sea full of crying children who are all struggling to stay afloat. Every single one of them needs to be pulled out and looked after properly but you are one boat, you can help maybe 3 kids at a time. So you grab the ones that are closest to slipping under and drowning and leave the rest struggling, get those 3 ashore and then come back and see which of the struggling kids are closest to drowning. It's relentless and heartbreaking but that's all you can do.

Your child is lucky - they have you. You clearly have some resources and the strength to champion your child's needs.

Spend some of your money on a private Educational Psychologist assessment so you have a better idea of what your child needs. Do everything in your power to get those needs met. Don't expect rescue to come from the LA.

Well it's a bit more complex than that SEN private specialist school,s can cost,upwards of £100,000/ year depending on 'the needs of the child and even then placement,s break down LEA ,will.always go for the least expensive option ,even if it's not the best option for he child .

I work in an LA (not in SEN, but I have a lot of involvement with them). Special schools generally don’t admit without an EHCP. And then, maintained special schools charge around £50k a year, and independent ones typically around £80k. I think without an EHCP you might need to look at EHE with alternative provision as part of your child’s plan, plus tuition.

Doesn't surprise me I worked for the NHS,for years and there was a huge amount of waste there too.

@midgemadgemodge i think that was a rhetorical question maybe not the best thread for statements like that.

I hope you can resolve it, Op.

I am very sympathetic to your desire.
But in reality, you will have limited funds and limited energy to 'fight' so think carefully if you want your gighting energy to go on this and not something else.

Just as an aside, you dont have to appeal. We got turned down, then submitted the request again with new evidence, literally two weeks later and it was approved. I wasnt appealing there previous decision i was asking them to make a new decusion based on new stuff.

I was under the impression that parents could start the process to get an ehcp, it didn’t have to be the school, is that not the case?

a special school place can be far more expensive than Eton! Day places can be as much as £80,000 a year; residential £200,000 a year, so would be a massive commitment op ok

I doubt that would work and I doubt the LGO,would touch it either. Are you appealing the refusal to assess? That's the legal process you need to follow.

Sadly, a senco saying this will sadly count for very little (I am a senco) and they will want huge amounts of evidence before doing anything at all. Good luck with it though. Have you sought advice from IPSEA?

Don't underestimate how valuable a sencos views are. The
LA may ignore them but if you support a parent to appeal a tribunal absolutely will not. We got full time 1-1 in an EHCP after a senco told a judge that's what she needed. I bet the LA were livid but hey ho.

None. Get this in writing if it's not already and appeal to tribunal.

Get on the Ipsea website and clue yourself up. You're going to need too unfortunately :(

Good luck with that. You’re being ridiculous.

Definitely contact Sendiias https://www.kids.org.uk/sendiass and IPSEA for professional advice. See if school will fund an educational psychologist assessment as that seems to carry lots of weight.

Unfortunately councils prefer to spend on fighting against giving children the provision they are legally entitled to over spending it on properly educating our children.

https://www.specialneedsjungle.com/70million-council-costs-parents-send-tribunal/

I've had 2 successful LSCGO claims for failure to meet legal obligations but the 'compensation' in no way pays for the real loss in terms of education.

You are in the long haul OP. Many children get no education for long periods because their kids reach the point they can't attend school and STILL the LAs refuse to assess or refuse to award EHCPs and where they do they are inadequate.

When you say “not going well” what do you mean? If you mean DC isn’t able to attend school full time the LA must provide alternative arrangements to ensure DC receives a suitable, full time education under s.19 of the Education Act 1996. Often this isn’t forthcoming but you can force the LA’s hand, via judicial review if necessary.

Be careful with SENDIASS, some are good, but too many repeat the LA’s unlawful policies.