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Wtf do we do? Forced to private educate DS (4)

234 replies

Thehonestbadger · 26/01/2024 05:48

DS is quite significantly disabled (ASD/PICA) he’s very well documented with lots of expert evidence and a strong EHCP and has been at a private nursery for over a year doing well with a 1:1.

Due to go to school this September but not legal school age till Easter/25 as that’s when he turns 5. I absoloutley cannot cope with him at home, I’m chronically unwell myself and had an actual breakdown before we found his current nursery. He’s lovely, but extremely hard work and the physical care is a lot and I also have a 2yo DD to consider.

Essentially every mainstream school we’ve consulted has now turned us down citing they cannot meet his need. Council say no recourse aren’t willing to work with schools RE funding…etc
All the specialist schools we consulted said no, some lower level said he was too high needs, higher level said not high needs enough and there’s over 100 kids for each space as is. We’ve been told he’ll be handed to some specialist team who can dump him anywhere in the region and won’t take our opinions/input into consideration and if we don’t like it we have to fight them legally (could be several hours away, could not place him at all as there’s no spaces anywhere)

At the moment our only option who might admit him is the local private school (a lot comes down to spaces they can offer/layout/staff ratio…etc) which our council worker is very ‘pro’ (their suggestion actually) and tbh everyone I’ve mentioned it to is adamant we should do as it’s ‘clearly the best option’ but WE CANNOT AFFORD IT! Council will pay for his 1:1 but not toward fees! It would be very tight and I would feel awful about sending DS but not DD and logistically wouldn’t be able to get them to two separate schools. We wouldn’t have gone private if DS weren’t disabled but it feels like we have no other option.

Ive invested so much time and energy over the last 2 years and I just want to cry now.

OP posts:
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Weemammy21 · 28/01/2024 17:15

@perfectstorm Social care can’t NOT assist with education AT ALL. They can do a carers assessment and care assessment of child do that respite is provided but do not assist with education provision or getting a child a funded independent school. The EHCP sections you refer too are social care provision.

Weemammy21 · 28/01/2024 17:16

@perfectstorm Can’t assist with getting an independent school placement at all

perfectstorm · 28/01/2024 17:38

Weemammy21 · 28/01/2024 17:15

@perfectstorm Social care can’t NOT assist with education AT ALL. They can do a carers assessment and care assessment of child do that respite is provided but do not assist with education provision or getting a child a funded independent school. The EHCP sections you refer too are social care provision.

I know how the EHCP system works, thanks. I've been through more than one successful tribunal. Social care needs in D and H absolutely can affect educational.

I attach the email the LA's barrister sent ours, asking for more time to get the LA to agree to what we wanted for section F (educational provision) in light of section D (social care needs). There was no dispute at all on either D or H, I may add. The barrister solely referred to the impact D might have on the LA's case for F.

Both barristers were, and are, SEN specialists who feature in the Legal 500 and Chambers and Partners guides.

And nobody ever said that social care can determine an independent school - they can, however, comment on needs in a way that strengthens the parental case. They did, for us.

Wtf do we do? Forced to private educate DS (4)
Anisette · 28/01/2024 18:02

Weemammy21 · 28/01/2024 17:16

@perfectstorm Can’t assist with getting an independent school placement at all

Simply not true. If a child has social care needs which may be met in whole or in part at an independent school (particularly if it offers boarding provision) then that will certainly affect the choice of school because of the saving to the public purse that this will bring about.

audihere · 28/01/2024 21:46

social care provision that 'trains or educates' falls under special education provision in an EHCP, so it absolutely does affect educational placement.

Whatafliberty · 28/01/2024 22:47

The council have to meet his needs. It is the law and, in reality, they should work with you on this.

Herefortheday03 · 31/01/2024 14:38

Speak to IPsea about your choices and what your local authority has said

Mum824 · 03/02/2024 10:12

This might give you hope to know what we have here and with that knowledge you might be able to access a private school place where you are.

We have a large independent international school. The school takes from 9 months to 18 years. We have 4 locations, the school is huge! The maximum classes in R-Y2 is 16. The maximum class size for Y3+ is 22.

Firstly every child gets 15 hours funding until the the term after they turn 5 (So, if born before Christmas funding for the first term, before Easter funding for 2 terms and before 31st August funding all 3 terms). But, if they join Reception at state school, parents can only use that funding for afterschool clubs and childminders/nannies. It really helps for pre-prep schools because it is discounted from the bill. My eldest got full year funding discount off the Reception bill because she was born in July. My son got funding for 1 term (November), my second daughter got funding for 2 terms (February).

Now, the school my eldest daughter went to is very much prominent in our town and in fact, the county. They open up their facilities for swimming, sports, science clubs at the weekend etc etc to both local schools and the community.
The reason is that they want to expand the school and it's facilities so they have opened up what they have at a discount so the community can use what they have. This allows the council to approve their planning applications. It's a sensible strategy.

The one thing that is universal though, although not openly publicised is that private schools must make available places for children not usually able to access private education. That could be accepting diversity, providing bursaries and equal scholarships.

What I would do if I was you is approach the school you think is best suited to manage your son's needs and look at class sizes and ask them what a 1-2-1 would cost. For our largest school that was £1000 per month back in 2014, so that might have changed a bit since then. I would then ask about a fees bursary which for our school is 40%, plus for his first year you also get the under 5 funding for however many terms (do plan ahead for the next 2 years as the bill will go up a bit). There are other schemes that the school can signpost you to, speak to the finance department.

The big difference is that state schools are very restricted in their offerings, whereas private schools can do whatever they want. At state schools, it is very much stand in line and do as you are told so we can cope with 30 energetic children. At independent schools, if a child is a bit hyperactive or is having a difficult time coping with a task, they can change it or take them outside to let off some steam on a whim, it's their choice.
It is worth noting though, that not all independent schools are the same, some won't budge and some will move mountains, you just have to go in and have a feel for the schools individually. Get a plan in writing and it will help if you can write a plan in a risk assessment style yourself as you know your son and what works or doesn't work.

Risk - Has a short attention span and is likely to be overactive
Effect - Disruption to other students and teaching style
Solution - Fidget toys, sports orientated curriculum, break-out space

*Notes - X is interested in tractors and loves doing tasks surrounding gardening.

Once the school has accepted your son and a coping plan, you can then go to the LA and fight for the funding. If they say no, bat it back to them and ask them if they can evidence a better provision. They won't be able to and you can force them to fund him at your chosen school.

We have 3 good private schools in our county town and no fewer than 9 - yes 9!! Private schools in our county. It is not just because we are a affluent county, it's because the state schools (especially the secondary schools) are not great. I hate that we pay twice for education, we shouldn't have to, state schools should be able to choose how they use their funding and allow more openness to their teaching methods.

Madsciencecovid2020 · 06/02/2024 19:32

If you are in Kent then the situation is a disaster as currently KCC are rejecting requests to assess for EHCP so it takes months to go via tribunal. This buys them upto a year of time! They then get forced to assess and then fail to issue an EHCP on the grounds that your interventions are solving the issues! So then you got to tribunal again - at least another 12 months!!
This is fact as with my son at a specialist independent school I speak to families in the same situation all the time.
Even if you win a tribunal KCC try to wipe out support st the earliest opportunity! In our case they tried to wipe out all support 2 months after an ehcp was issued just beacuase of a phase transfer!!. My child won't lose his neurodiversity and his needs won't change in 2 months - that was a 2k financial hit to argue that one!! On top of the 4pk we had already paid out in support , assessments and legal guidance.
We now face another review in hr 7 and are fighting to keep support.
Even if you win the worry doesn't go ! I am an experienced secondary teacher and even I am stunned by the views of KCC
Good luck to anyone fighting for their child - stand your ground and don't ever give up

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