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

[Thehonestbadger]

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.

The state surely have a legal obligation to place your DS in a school that can best meet his needs. Please don't pay any fees. That's fundamentally wrong.

The issue I have is that they’ve changed the process this year apparently (I found this out a few weeks ago apparently it’s because of the massive supply/demand issue) and basically if we cannot name a school in his EHCP by 15/02 - essentially organise a place at either mainstream/special via the regular process then they won’t keep working with us, tribunal…etc

Now they’ve created a special team where all the ‘overspill’ kids who don’t have a named school are sent. This team don’t work with parents we have no input or say and they can do whatever they want with DS place him anywhere in the entire region and they have until September to do it although we’ve been told they definitely won’t be able to place all kids by then and DS will be bottom of the pile due to when his birthday falls.

There are no schools atalll that you can get to with an asd unit? You probably know this but children with ehcps I'm sure can just go wherever you don't need to worry about catchments and things. You probably know that but just on the off chance!

Name the school you want- a local mainstream if that's what you want. Then you have done what they ask.
I am appalled and frustrated on your behalf. Definitely join all the support threads you can. Do not agree to pay private - that should not be on you.

It sounds like the new process doesn't stand up to fairness.

This sounds like a strong case for a council-funded private school place, but the appeals process can be pretty brutal and councils will fight everything. Have you considered using an SEN Advocate? This is a paid advisor who know what your rights are and will fight on your behalf with knowledge of the legal aspects.

None of their new bullshit process is lawful - all the legal obligations around provision in the ehcp still stand. Why aren't you naming the indie if that's what you want? You're in a v strong position if all other schools have said they can't meet need.

Do not pay for it. I’m hoping your local area has a sendiass representative. In my area they are lites by the council Google sendiass for your county. They will advise you and come to meetings etc. Also ask the local authority if there is an inclusion officer you can speak to they should also be employed by the council and can help you. I think the schools can say no but you can appeal it!! If you haven’t already consider where is best for his needs. If his needs are high end mainstream won’t keep him there. I know of children with behavioural neeeds who have had to leave before they were expelled. My child attends a specialist s hook of my choice. It was a fight but I got there. Wishing you so much luck. Also if they can’t find a school place asap ask them to fund a tutor/support worker at home. It’s not fair if you’re not coping and have a younger child to consider. Depending when his birthday is he may be able to do an extra year at nursery while you find the right place.

1 Have you spoken to the school about means tested bursaries?
2 Reception to year 2 is often cheaper than nursery (our nursery is £11500 for a school year, school hours and reception at our local independent is £9200) so this may give you some time to seek a more suitable funded place.

I'm so sorry that you are in this situation. This would break us financially if it were to happen to us, and I would imagine it would have to involve selling our family home at the minimum, it's so hard that people are pushing the 'it's what's best' narrative when the financial load is so great. I don't know the workings of private schools intimately but I would check, double check and quadruple check the long term intentions for your child as independent schools are not obligated to honour specialist support in the way that funded schools are. If your council did agree to the placement, you would need to get an iron clad statement of the support that would be provided, and a contingency if any extra support was ever to be required. x

Will the nursery keep him on until he’s legal school age? If so keep him at nursery and appeal for the school of your choice.
The overspill team making choices without parents consents sounds illegal. Contact IPSEA or SOS!SEN for legal advice.

Its not hopeless, you will get your DS a space but it will take fighting.

Hi, because he isn't legal school age until Easter, can you keep him at his current private nursery until then?
I am appalled as usual at the state of SEN provision in this country, however I do know many children get a place after the reception year, they seem reluctant to take them before then, so🤞🤞.

The SEND system is a shambles, and navigating it as a parent is just horrific. If you can, I'd recommend finding a local SEND lawyer - we had one and it was the best few hundred pounds we've ever spent. She was a force of nature and specialises in helping SEND families work through the system.

Solidarity and hugs OP.

Just to add you shouldn’t have to pay the fees for the private school - push back against this. Insist it’s named in section I and you will not fund it.

I'm sure the LA would love you to go private....but you can't afford it so if It were me, I absolutely would not do it. Agree write to your MP. The council need to find him a place. To be blunt..make a nuisance of yourself!

Well you know my LA have been trying this for years - making up their own (illegal) processes but that doesn't mean it's OK or that you have to comply. SENDIST (tribunal) will take a very dim view of all this.

The tribunal process is not that bad.

Op I’m so sorry to hear this. I’m a teacher and the provision for ALN children in this country makes me weep.

If you can’t afford private school and there is no school in the area you’re willing to consider then you need to homeschool.

You can have the local school named against their will.
We have a number of children at our school whose needs we cannot meet however as their parents have insisted they are with us and we have to do our best.
It's a shame for them as often they are taken out of the class as their behaviour , albeit a valid expression of their needs (needs we cannot meet not that we don't want to meet its impossible to provide some things when you have 2 adults and 30 4 and 5 year olds ), is dangerous for the rest of the class. It must get even more frustrating for them to be away in a small intervention space with a TA for company.
But you are absolutely free to insist on a place.
Edited - spelling

The one thing that jumped out was you can’t physically get them to different schools. I don’t know about the uk but in Ireland there are some vans allocated with special needs’ assistants to help bring them to schools. Tbh though op it sounds like he needs to go to a special school? I don’t see how a private school can do what other schools say they can’t x Best of luck, hope it gets sorted for you soon x

Express your preference for the independent school and then wait and see what they offer him, but tbh I am deeply suspicious of a private mainstream school who says they can meet his needs if some specialist settings are saying they can’t.

Private schools are desperate for money atm in some cases… I’d be fearful they’re going to take a year’s fees off you then ask him to leave.

Stay in the system, make the LA offer something, then take them to tribunal if you need to but don’t withdraw from the process at this point.

Absolutely go through the appeals process. Most tribunals go in the parents favour. Get on your local SEND/EHCP Facebook group and ask for recommendations. Look on the government website for the lists of specialist schools and look at independent non section 41 schools as well. Look at your entire county, if the nearest suitable school your local authority will need to arrange transport if over a certain distance. If you're close to a county border, consider out of county options as well.

There will be somewhere suitable for him, you just need to find it and then go to court. Because he's in a phase transfer period, you could get a priority court date.

Can nursery keep him for longer if necessary?

Can’t meet need is not a lawful reason to not be named on an ehcp. ALL mainstreams will say this because they’re starting the battle for funding and trying to put you off. Co time the fight for special but in the meantime go for mainstream over private. The mainstream schools are often the best advocates for getting kids into the right placement if they cannot meet needs.

If you put him in private you will never get him back into local authority schooling.

ipsea is your source here.

There is a massive shortage of Sen placements. Don’t assume there is somewhere.

Be careful with SENDIASS. Some are good, but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

Firstly, if the LA finalise an amended EHCP (which they must do by the 15/2) that does not named your preferred school you should appeal. The majority of appeals are successful and phase transfer appeals are prioritised.

If your preferred school is not wholly independent the LA must name it 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.

The bar to do this is high. Higher than many LAs admit. Being full is not, on its own, enough of a reason to refuse to name your preferred option. The LA has to prove the school is so full placing DS there is incompatible. Obviously there is a point they can do this, but the threshold is far higher than LAs admit. If the LA’s cannot prove one of the above they can and must name the school even if the school objects.

Wholly independent schools (mainstream and specialist) can be named and fully funded. You would need an offer of a place and the to prove the LA’s proposed school(s) can’t meet need &/or it isn’t unreasonable public expenditure. Again, you may need to appeal.

Lastly, if school is inappropriate, you could consider EOTAS. This does not have to be at home and you cannot be compelled to organise, deliver or facilitate it.

Could he stay at nursery another year? Does he have an EHCP (sorry long night with my own sick ASD child and may have missed some information).