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.

Don’t agree to this. If they name an unsuitable school then appeal it. Most parents (sadly!) have to fight to get the appropriate SEN place. It’s awful but worth it in the end.

In the meantime he can stay at nursery until CSA.

This court ruling might guide you

https://www.burytimes.co.uk/news/24071334.bury-council-taken-high-court-funding-disabled-girl/

Obviously it won't work for a standard selective private school. However OP said this one is known to be good for SEND and there are plenty of private schools around that aren't selective and do focus on a different cohort.

@Sdpbody no, you’re a bit confused here. The La have a legal duty to name a school on the EHCP that can meet the child’s needs and to fund that. If the LA has not ensured there are enough SEN places (which is absolutely their job to do) then they can and frequently do have to fund independent schools. Rarely is this because parents are ubsreasonbly asking for. Most often this is because there simply is no other option due to too few SEN schools. The OP has already said she would have been happy with the LA SEN school.

Where did the OP say that the local private school is known for its SEND support? Have I missed something?

Sorry, just seen it.

OP, as others have said, seek council from a legal advisor. Legal aid covers these situations as well.

In a general sense, it's so backwards that England is STILL segregating kids with SEN. You would think that in a western world, the UK would start prioritizing inclusion. It boggles my mind.

We've moved significantly away from segregating DC with SEN since the Warnock Report. The problem is the money didn't follow...

To summarise @prh47bridge's helpful post, 7% of SEN DC in schools are at independent ones paid for by their LA (not necessarily IN their LA).

Your situation sounds so similar to my own. The lawyer was recommended by a friend and she initially read through the initial EHCP for us. She changed wording, added arguments for longer hours of TA support etc. Then helped us through the tribunal process when fighting to get into a specialist school. The council didn't even show up to the hearing (a well known tactic that they use) and we won.

Good luck! Wishing you and your boy all the best.

I really feel for you, Badger. Nothing to suggest as no SEN knowledge here but I’ve seen a couple of your threads and just wanted to send some virtual support 💐 I hope something presents itself, I really do xx

It's here.

And then I saw this 😂

I have literally no idea what your point is. You stated “there will be somewhere suitable for him”. That’s literally not always true.

I mean there will be more options than the LA will be telling OP about - section 41 schools, independent specialists etc. They are hardly transparent. And if there isn't a suitable physical school for this child, then they still have a duty to provide an education, whether that's EOTAS or hospital education or whatever else is required.

It doesn’t mean there is something suitable. This is known.

If it is inappropriate for the provision to be made in a school there is EOTAS. EOTAS packages are completely bespoke. The whole point is the package is designed to meet the pupil’s individual needs and provision required. It can be whatever is suitable.

I know someone who spent a hell of a lot of money with this firm only to be advised by them after several months to withdraw the appeal. Think carefully.

I don't think s/he claims to be an expert in SEN law, however.

LAs and tribunals don't name schools on the footing that they are the best option. They simply have to name a school that is able to meet the child's needs as set out in the EHCP. If they identify another school that is able to meet needs and is cheaper, it can and will name that school; equally, even if the private school was the only one claiming to be able to meet needs, the LA could refuse to name it if it believed the school was incorrect in that.

You should be able to name a school on his ehcp. Does it say ‘mainstream’ or ‘specialist’ or an actual named school? If it doesn’t say anything you need to speak to the ehcp coordinator about naming a school on the ehcp.

don’t send him private, tell ehcp coordinator that they need to work quickly as he starts in September. Any issue contact your local authority and ask what provision they’re going to put in place come September while you’re waiting for a named school. They should provide a short stay school or tutor or force a place at the local mainstream.

I think you may have confused this with the situation where the private school in question is on the Department for Education's section 41 list, which is extremely unlikely for a non-specialist school. For the vast majority of independent schools, the only applicable law states that the LA should "have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure" which is obviously a weaker duty.

Parents don't apply to the courts if they want to challenge school placement, they appeal to the specialist tribunal.

Is him staying in nursery for another year an option? I know a couple high needs children coped well with a mainstream after one year delay.

The LA cannot refuse to name a school that says it can meet the child's needs just because they claim to believe the school is incorrect. They need to justify that belief and offer a school that can meet the child's needs. Equally, they cannot refuse to name the independent school just because another school is cheaper.

If this goes to the SEND tribunal and both the parents' choice of independent school and the LA's choice of school can meet the child's needs, the tribunal will look at whether the additional expense of the independent school is justified by any advantages that attending would offer the child. They can consider any wider health and social care benefits as part of that. I can quote case references if necessary.

@Thehonestbadger it might be worth researching whether any charities would provide a grant to help.

Try https://www.turn2us.org.uk/get-support/apply-for-grants for starters. And there may be charities that aren't on there too. It's definitely worth a bit of a search. I am a trustee of a small charity on there and I know we have paid for things like educational equipment etc