To be raging that my dd is being so utterly failed?

[SocialistSally]

My dd is autistic, she was diagnosed age 6 (which is very rare with girls). She’s now 11 and been out of school since April, burned out from masking and the pressure of school.

Before that she was working well above expected levels. We are at the draft EHCP stage and have names provisions, but everything is full. Every autism unit, every specialist provision (state and independent) that could meet her needs and still provide the education she deserves.

I’m so angry for her. We’ve only got this far because she is out of education. She shouldn’t have had to wait for her to be in crisis. I’ve been fighting for her since she started school and I’m exhausted. I’ve been ill with the stress of it (in hospital).

She has been utterly failed by the system and she’s only 11 and deserves so much more. And I no longer know what to do to help her.

I’m sorry I don’t know the answer. I’m in the same situation with my DS 6 (though he is in school, does nothing other than play in the playground and very part time). I just wanted you to know someone had read it and you weren’t alone.

If the LA refuses to include the provision you think is required and/or name your preferred placement you can and should appeal once finalised.

For the schools that are not 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 (“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.

Being full is not defined in law, and 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 DD is incompatible. Obviously there is a point they can do this, but the bar is higher than many care to admit. If the LA can’t reach this threshold, the school can be named even if they object. Although LAs often force parents to appeal. It is only wholly independent schools you need an offer of a place for. You could also look at EOTAS.

Since DD can’t attend school, is the LA providing alternative arrangements? They should be.

The SEN and SN boards are helpful.

I can see it's very frustrating but if every single state and independent unit is full what do you propose they do? Would you consider her going so where far away and boarding? Can she be put on a waiting list? Can you home school her if she can't go to a normal school? Will LA provide some tutor support for your DD at home? It's not fair but what realistically are her other options?

PP is right. I know two schools in my area that have admitted children over their normal capacity.

YANBU to be enraged. The provision for children with SEN is shocking. I am so sorry you and your daughter are going through this.

@caringcarer i expect them to at least provide alternative education while she’s out of school. They also need to find and build more provisions. What am I supposed to do, just give up that she will have an education because she is disabled?

I can’t home educate, partly because that isn’t what my dd wants and also because I work full time. I’m a lone parent and need my salary to pay my mortgage, that houses my dc.

No, don’t EHE! By EHEing you relieve the LA of their duty.

what realistically are her other options?

A) Appealing to SENDIST (when OP has the right of appeal after the EHCP is finalised) because being ‘full’ is not enough on its own to refuse to name the preferred placement if it is not wholly independent.
B) EOTAS if it is inappropriate for the provision to be made in a school.

OP, if the LA is not providing education under s19 of the Education Act 1996 email the Director of Children’s Services requesting provision and reminding them of their duty. If that doesn’t work email again threatening judicial review. Then, if that fails contact SOSSEN for help with a pre-action letter.

She should be given an EOTAS/ AP arrangement until a suitable school place can be found.

Many many children are sadly in this position. I ended up long term educating my children at home on an EOTAS package due to lack of suitable provision.

You should not have to give up work to enable this either, parents cannot be responsible for any provision under an EHCP.

Have you sought advice from IPSEA or the equivalent? I had some very useful advise from them. https://www.ipsea.org.uk/call-in-helpline

I just wanted to say that I hear you and you are completely within your right to be furious. It is not ok to worry that you can't work and won't be able to pay your mortgage because you have a child with autism. No one understands until you're in that position.
My dc is now back in school. I had to due to work and being a single parent. I would maybe try another school, but you know your child, whether that's possible.

IPSEA are not currently booking advice slots because they are so overwhelmed. I have had some advice, but it still feels overwhelming.

I have already written to Director of Children’s Service and my MP has nudge them too. They have so far lodged a stage one complaint. Their argument is get the EHCP sorted so she has a permanent place.

Yes they will need to look at increasing provision. It seems at the moment that every other person has a child with asd/ adhd. Whether that is due to earlier diagnosis etc I don't know but every thread on mumsnet seems to have posters that are either autistic themselves or have a child or multiple children diagnosed. , many of whom cannot access adequate education. So yes something needs to be done .

IPSEA has call in sessions which you don’t need to book a slot for.

The complaints process is too slow in situations like this. Email again threatening JR if they do not provide provision under s19 of the Education Act and if that doesn’t work contact SOSSEN for help with a pre-action letter.

Have you tried talking to any of the smaller independent schools in your area?

If your dd was working ahead of level up until the end of primary, you may find that a standard independent school can offer the small class sizes and calm environment that your DD needs. With some minor adjustments, it may work.

My ds has a class mate who is autistic and his fees paid by the council. The school is not a specialist school but has two staff who have lots of experience of those with what would previously have been called high-function autistic, and have helped to create an environment where they now cater for four children of different years successfully.

It will depend on how much support or adjustment your DD needs, but it is worth looking at.

@SocialistSally have you asked them to send a tutor around to teach her a few hours a week? If you are at work.full time who is looking after her?

@caringcarer a tutor for a few hours a week does not fulfil the LA’s duty to ensure DD receives a suitable full-time education.

Actually that is what generally happens when kids miss school for example because they have been in a serious car accident and are recovering at home. 5 or 6 hours a week is what they get and can be off school for months. 1-1 tutoring is more intensive than whole class teaching so more can be covered in less time.

I work from home. Luckily my employer is understanding. She’s 11 so she stays out of my way until lunch time anyway.

Actually, that isn’t lawful. It may be what is often provided, but that doesn’t make it lawful. Parents can enforce provision. The LGO is clear that is not a suitable, full time, education even when 1:1.

And EOTAS via an EHCP can certainly provide far more.

Definitely ask your LA for EOTAS provision for her.

But this child doesn't have an EHCP. It's not like there isn't a space in school for her, there is, she just doesn't go and without EHCP no alternative provision will be made.

You don't need an EHCP for AP to trigger.

AP must be made after 15 days of absence (whether consecutive or not) under s. 19 of the Education Act 1996.

In practice most people put in the application for the EHCP at the same time as requesting the AP. The AP comes first.

On AP -

https://www.ipsea.org.uk/getting-temporary-education-put-in-place

OP’s DD doesn’t need an EHCP for provision under s19 of the Education Act 1996. It is incorrect to say ”without EHCP no alternative provision will be made.” The LA has a statutory duty to ensure those unable to attend school receive a suitable, full-time education. The school place is not a suitable, full-time education if she cannot attend due to her MH/SEN. This should have begun once it became clear OP’s DD would miss 15 days. The days don’t need to have already been missed or consecutive. Full time is more than a few hours a week.

X posted with @lifeturnsonadime.

A system in absolute crisis. Tory mess.

https://www.localgov.co.uk/Councils-wasted-46m-on-SEND-tribunals/58008

OP - she 'stays out of your way until lunchtime' - that's the child you describe as 'disabled' - it clearly isn't great.