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.

You’ll win a tribunal. It’ll be horrible but you will win - 97% of times parents win in full or part.

loads of useful advice here: https://www.specialneedsjungle.com/

If a private school can meet needs and nowhere else can, then the LA will have to pay.

Contact your newspapers and your MP. Explain where this leaves you and your child. It is bonkers to believe that you should be financially penalized even MORE for having a child with special needs.

A lot of people on here are assuming the local private school would accept this child. Private schools are notoriously selective.

One boy in my child's year 1 class was asked to leave (he had been given lots of chances) as 6 parents threatened to move schools if this boy was not expelled. The school have now implemented a 3 taster session minimum plus an assessment with the head of Pre-Prep. It gives them multiple chances to not accept children.

This. It can be difficult for some children to get into a private school. There will be some kind of assessment, and the school can choose to either accept or reject an application. It isn't simply a matter of paying the fees.
Private schools are businesses and the local authority has no influence to make them accept a child.

I have not read the whole thread.

Your son has an EHCP. You can therefore choose what school should be named. There are only limited grounds under which they can refuse to name your chosen school. If the local private school is named, the council must pay all his school fees. They cannot just pay for 1:1 support and leave you to pay the fees. The law requires them to pay his fees.

Tell them that you want to name the local private school and stick to your guns.

In my local authority, any children applying for admission to Reception / Year 7 who have EHCPs already are asked to have an early Annual Review where the choice of schools are made. We have 3 children in reception whose nurseries did this. we have 4 in Year 6 who’s ARs I held in October and all parents selected Special schools. The school choices were named at the review and those schools were put on the application forms.
All applications which name special schools are taken to panel before notifying the admissions team. Where a child with an EHCP has put down a mainstream school choice, those schools are consulted with to see if they can meet the child’s needs.
The protocol isn’t for schools to tell parents that they can / cannot meet a child’s needs.

OP, what did you put on your DCs Reception admissions application form?

Have you not read the posts which say that the local private school is under no obligation to accept the child? The local authority cannot force this.

There is also the fact that most private schools are prep schools - they prepare children for the exams they need to enter the private secondaries. They are usually very focused on high academic standards, and they don't usually have provision for sen children.

The state system, even though it isn't functioning as it should in this respect, is better equipped to deal with sen issues than the private system.

You can't just choose a private school, and then say "Now you have to pay my school fees".

You cannot possibly think that is how it works.

Felicia, I have read the whole thread and am pretty sure the private school think they can do something for this child.

A lot of SEN children end up in the private sector and many do very well. Smaller classes, often easier discipline and a calmer environment. Better sports and other facilities. In our experience school don't take kids if they don't think that child will settle/stay.

I would add that prh47bridge is a genuine expert who has helped many MN parents over the years.

This.

No, I haven't read those posts. Yes, the private school can refuse the child. However, if the private school is the right school and is willing to accept the child, my post stands. If OP is right that it is clearly the best option and the school will take her son, she should go for it.

It works exactly like this if there is no local mainstream school that can meet his needs and you can evidence that the private school can and will meet his needs.

my son has a private school named on his EHCP, meaning our LA fund his placement. As long as you can prove it is the most suitable setting to meet his needs, you absolutely can win. I'm not saying it is easy, I had to go to tribunal, but it is definitely worth it.

Parents whose DC have an EHCP are not required to complete an application form, although many LAs try to get parents to. Following the phase transfer review meeting, once the LA issues the proposed amendments, parents have at least 15 days to make representation and name their preferred school

You can if you have an offer of a place and can prove the LA’s proposed school can’t meet needs &/or it isn’t unreasonable public expenditure. The LA doesn’t have an alternative proposed school so OP would be able to do this.

But the school have to accept that they can meet the needs of the child. If it is a standard academically selective private school, and they say no, you can't just name them and they have to accept your child.

You also have to hugely battle to get private school funding... the local authority are not going to willingly pay £15,000 plus £22,000 for private school and a TA if they can just place him in a mainstream school with a 1:1. The LA are not going to name a private school without a tribunal, and a battle with parents.

If it really was that simple, then the average private schools would be full of children with EHCPs. However, I can tell you now, they are not.

The private school that the OP is talking about have not accepted him yet.... and if it isnt a SEN private school, I think it is unlikely they will accept him.

I used a solicitor to help with my appeal for DS.
He was in mainstream and it wasn’t working. None of the LA schools were suitable. The solicitor suggested an independent school which I then consulted with. When they offered the place we named it on the appeal. The LA conceded 6 weeks after submitting the appeal, I think having the solicitor really helped our case.

The private school that the OP is talking about have not accepted him yet.... and if it isnt a SEN private school, I think it is unlikely they will accept him.

Exactly this. As I said, most private schools focus on academic results, and are unlikely to accept a child who cannot meet their criteria.

I can think that is how it works because that is what the law says and, indeed, how it works in practise.

When the parents choose which school they want named on an EHCP, there are only limited grounds on which the LA can refuse to comply. If the parents choose an independent school and the LA refuses to name it, the parents can apply to the courts. Unless the LA can show that one of the limited grounds applies, the courts will force the LA to name the school.

If an independent school is named on an EHCP, the LA must pay the school fees.

In 2022/23 there were 389,171 pupils with an EHCP. Of these, 28,372 were at independent schools with their fees being paid by the LA. Breaking these down further, 21,943 were at independent special schools, 6,789 were at ordinary independent schools.

Unfortunately I have direct experience of this from several angles.

There is huge variation between LAs. There's also a huge gulf in many areas between theory/law and practice. Councils are required by law to do many things, but frequently don't and get away with it.

OP my advice is to keep fighting and eventually I'd predict you'll arrive at a satisfactory outcome. Schools often say they can't meet needs knowing full well many parents will just give up. But they take the child eventually in some cases. Do not whatever you do start paying fees you can't afford. The LA will just see that as problem solved.

Those saying council must pay if private school is named on the EHCP, that's true but getting the school to be named in the first place can be a gigantic battle.

Enlist the support of all the available organisations like SENDIASS.

Keep fighting for your child. Those that kick up the biggest fuss usually get what they need. So heartbreaking but true. Good luck.

Definitely have a look at IPSEA.

The LA must name your parental preference unless they can prove certain conditions (it's unsuitable/there is physically no space/it's too expensive).

The LA has the power to name certain schools in an EHCP even if they feel they cannot meet need or if they say they're full. As a PP said above, being "full" is not a legal reason not to name a school.

The SEND Tribunal also have the power to name schools if they say no. LAs are under an immense amount of pressure to stick to budgets and there is also a massive lack of special school places. Tribunal is by far the most effective way of getting the right result and trying to negotiate with the LA is often futile.

I used to work as an SEN Advocate and have fought on behalf of hundreds of parents - happy for you to message me for some advice.

There is so much advice on here that is legally correct but absolutely useless, because the system is totally broken.

Yes the LA have to legally place your child in an environment that can meet his needs.....but there aren't enough places. And appealing, going to tribunal etc doesn't change that.

One thing is certain though - you don't want a place that says they can't meet need forced to take him....that is a recipe for disaster.

I would do the following-
Check the ehcp is correct and up to date, and make sure that the schools are making their decision on the proper information.

Check with nursery how long he can stay with them, and factor that in.

If the private school is a good option then enlist legal help to force the LA to pay the fees.

Join every national and local group on Facebook you can regarding ehcps and find real time support there.

Write to your mp today highlighting all of these issues. Copy this letter to the head of every school he has been refused from, and the opposing political party candidates in your region, along with the head of local SEN services, and the press if you are so inclined. Make a fuss. This will not get sorted anytime soon unless more places are created.

Have you had an assessment by children's services disability team yet? You are legally entitled to one for your son, and a separate one for you as his carer. You may be able to access some support and respite there.

Stop worrying about where your daughter will go to school, that's a few years away, focus on this first.

Consider the possibility you may need to move to be closer to a school that will meet his needs and take him.

I know all of this is heartbreaking stuff, but it's the reality at the moment, and as Sen parents we have to we have to focus on meeting our kids needs, whilst the state won't. It's utterly shocking and I wish you luck xx

@Sdpbody "You can't just choose a private school, and then say "Now you have to pay my school fees".

You cannot possibly think that is how it works."

Didn't you read the thread? Every possible school has said no, they can't meet need. What else is she supposed to do? The LA would probably be delighted to pay school fees of 20k a year to a private mainstream school - my sons specialist independent ( which the la funds) costs £85k a year!

The advice is not absolutely useless, going to Tribunal works, the statistics demonstrate that.

For non-wholly independent schools you don’t need an offer of a place and being ‘full’ is not enough of a reason to refuse to name parental preference. The LA has to prove the school is so full placing DC there is incompatible. Obviously there is a point they can do this, but that point is far higher than many LAs admit. And where school is inappropriate there is EOTAS. The LA don’t just get to wash there hands of the OP’s DS.