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AIBU?

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SEN College URGENT HELP

70 replies

Zashdi · 12/04/2024 14:45

Hi all, I really need some advice about what steps to take for my child who has complex special needs; he has autism and severe anxiety and is nonverbal. Sorry, this is going to be a very long post.

He is 19 and has been disengaging from education since his last two years of secondary school due to his anxiety. In his last two years of secondary school, he started to refuse to go on and off the school bus and enter his classroom, so he would work outside the classroom in the hallway with a TA.

Last year he started his first year of college however he never actually went into the college, he accessed home learning with a tutor due to his anxiety and no transition taking place between the secondary school and the college. The college tutor would come to the house twice a week for about 20 minutes to work with my son, which was challenging for him at first but became more productive as he began to build relationships with the tutors. This college offered home learning packages as part of their curriculum, and never worked towards transitioning my son into the college building. After two terms, out of nowhere (to us) they said that they would be ceasing his college placement due to his lack of in-person attendance, despite never raising this as an issue or working towards getting him into college.

This year should be his second year of college, however due to his previous placement breaking down he has been left without a college placement and is now just at home with his mental health deteriorating due to a lack of social interaction with others.

I have contacted his EHCP coordinator who has said there are no college spaces at the moment and have offered a home tutor for one day a week who works on early learning skills. However his EHCP has provision for his anxiety and social skills and this is not being provided. There is also no mention of getting him a college place for September or working on his anxiety and social skills which are the main barrier to him accessing his learning.

I am distraught with the lack of care for him and the fact that he only has a few more years left of educational input. Please can someone provide me with some guidance on what steps I can further take and what responsibilities the LA have to find my child a college/educational placement and help him to access this?

If you managed to read until the end, I greatly appreciate your time.

OP posts:
DrRuthGalloway · 13/04/2024 09:55

Does he want to continue engaging in college?
If yes, then the LA could look for a different placement.
If he isn't keen to continue, you could look at a supported internship to look at job related skills, or you could look at social care and the benefits system.

He may be entitled to a carer/PA to support the development of his life skills
He would surely be entitled to universal credit.

I absolutely understand that moving away from education is a scary time, but at his age what he himself wants is a really important factor in identifying next steps.

cestlavielife · 13/04/2024 09:58

You could have appealed to LA proposing ceasing to maintain because of lack of progress. Even if further progress is very small case law states it is still necessary to maintain. A lack of progress of any kind also indicates the SEP perhaps needs amending rather than stopping.

Yes...but he was 23 and so fighting for 2 years was weighed up against looking to the next 50 years.... Post 25.
But if young person is 19 yes fight insist for good college or other provider package to 25 with a view to what happens post 25.

cestlavielife · 13/04/2024 10:00

Have a look in and out of county . Nearby counties might have options? Or independent colleges?

Morph22010 · 13/04/2024 10:01

Ghostlight · 12/04/2024 14:52

As he is over 18 surely the LA has no responsibility to find and help him attend an educational placement as there is no requirement for him to be in education.
Does your son also have a learning disability and was he accessing specialist education or mainstream?
Would you be happy sharing what area you live in as that may help?

Ehcp goes up to 25

Headfirstintothewild · 13/04/2024 10:02

cestlavielife · 13/04/2024 09:58

You could have appealed to LA proposing ceasing to maintain because of lack of progress. Even if further progress is very small case law states it is still necessary to maintain. A lack of progress of any kind also indicates the SEP perhaps needs amending rather than stopping.

Yes...but he was 23 and so fighting for 2 years was weighed up against looking to the next 50 years.... Post 25.
But if young person is 19 yes fight insist for good college or other provider package to 25 with a view to what happens post 25.

An appeal wouldn’t have taken 2 years. Again, the provision could have been the exact same provision DS received as an adult but meant it was not means tested. If you/DS didn’t need that money and decided not to pursue it that’s obviously your choice but to say you didn’t because were focusing on the next 50 years doesn’t make sense since it could be the same just funded better.

And OP’s DS is 19.

Headfirstintothewild · 13/04/2024 10:03

if you go this route you will probably have to pay for professional reports yourself though. You’ll definitely need an EP report.

OP’s DS can be eligible for legal aid in his own right which can fund independent assessments if necessary.

Trainham · 13/04/2024 10:05

This was a few years ago. My son had a bespoke 'course' written for him at a local farm .he loves animals so learned how to collect eggs ,drive a tractor ,care for animals all with 1,1 support.
He had to be turned down by local college as not being able to meet his needs .
His SEN school could apply for funding to cover the costs. Ironically the college then over saw the course . He did that for 2 years. There must be something similar today.

Greenfluffycardi · 13/04/2024 18:11

Headfirstintothewild · 13/04/2024 10:03

if you go this route you will probably have to pay for professional reports yourself though. You’ll definitely need an EP report.

OP’s DS can be eligible for legal aid in his own right which can fund independent assessments if necessary.

yes I know that. We paid privately and paid for the solicitor (didn’t know about legal aid but friends that got legal aid in their young people’s names still paid for the reports.

Cygnetmad · 13/04/2024 18:14

If he is not getting anything out of school, it may be time for the EHCP to cease and to get social care to take over and get a care package in place. Has this been discussed?

Cygnetmad · 13/04/2024 18:16

Ghostlight · 12/04/2024 14:52

As he is over 18 surely the LA has no responsibility to find and help him attend an educational placement as there is no requirement for him to be in education.
Does your son also have a learning disability and was he accessing specialist education or mainstream?
Would you be happy sharing what area you live in as that may help?

He is 19 with autism and non verbal. What do you recon???

Headfirstintothewild · 13/04/2024 18:26

Greenfluffycardi · 13/04/2024 18:11

yes I know that. We paid privately and paid for the solicitor (didn’t know about legal aid but friends that got legal aid in their young people’s names still paid for the reports.

In case it is relevant in the future, your friends could have had reports funded via legal aid if they were necessary.

ArseInTheCoOpWindow · 13/04/2024 18:31

Is he in burnout?

Adhd and ASD can be co-morbid. My dd had social anxiety. ADHD meds have been transformative.

Greenfluffycardi · 13/04/2024 18:32

Headfirstintothewild · 13/04/2024 18:26

In case it is relevant in the future, your friends could have had reports funded via legal aid if they were necessary.

Yes they could and I think one family did originally but they weren’t thorough enough. In our case parts of the EP report and the other reports formed part of his new EHCP which the barrister wrote so they need to be thorough.

Headfirstintothewild · 13/04/2024 18:34

Greenfluffycardi · 13/04/2024 18:32

Yes they could and I think one family did originally but they weren’t thorough enough. In our case parts of the EP report and the other reports formed part of his new EHCP which the barrister wrote so they need to be thorough.

Independent assessments (funded via legal aid or otherwise) should be detailed, specified and quantified. If they aren’t I would complain.

Cheekychop · 13/04/2024 18:41

Hi there,

The LA are under a legal obligation to find him a college, but they will put little effort in to finding something suitable and in deed will look at the cheapest available option. My advice would therefore be for you to find him a suitable college that can meet his needs and then to ask the LA to take it to panel for approval and then to tribunal if necessary. Have a look at this website - you put in your son's needs and it will list the colleges that can meet these needs.

www natspec.org.uk

Colleges that spring to mind are Camphill - I think it's based on Berkshire and Camphill Wakefield.

You really will have to do the leg work on this unfortunately as the LA won't.

Best wishes xx

MissDianaBarry · 13/04/2024 18:44

My son is 20 - he has complex needs and attended a college placement with 1:1 support until 19. Do you have a social worker? We moved from education to a support team funded by SS. Together we have built a programme for him which includes volunteering at a stables/going to the gym etc. I understand the activities may not be suitable but it is the principle of moving from 'education' to 'social care' as a way forward.

Headfirstintothewild · 13/04/2024 18:50

MissDianaBarry · 13/04/2024 18:44

My son is 20 - he has complex needs and attended a college placement with 1:1 support until 19. Do you have a social worker? We moved from education to a support team funded by SS. Together we have built a programme for him which includes volunteering at a stables/going to the gym etc. I understand the activities may not be suitable but it is the principle of moving from 'education' to 'social care' as a way forward.

The problem with this is social care support is often means tested. Provision in F of an EHCP is not. The provision you describe such as volunteering at the stables and going to the gym can be part of an EHCP and thus not means tested. More support is often available via the EHCP than via social care, too.

MissDianaBarry · 13/04/2024 18:56

@Headfirstintothewild - yes, and my son as a young adult with additional needs doesn't have 'means' therefore the agreed provision on his support plan is fully funded. A properly organised and funded support plan can do as much as an EHCP. We do pay for transport to and from the activities (he gets mobility allowance, PIP, universal credit) and any extras which might be needed.

Headfirstintothewild · 13/04/2024 18:58

MissDianaBarry · 13/04/2024 18:56

@Headfirstintothewild - yes, and my son as a young adult with additional needs doesn't have 'means' therefore the agreed provision on his support plan is fully funded. A properly organised and funded support plan can do as much as an EHCP. We do pay for transport to and from the activities (he gets mobility allowance, PIP, universal credit) and any extras which might be needed.

Edited

It is brilliant DS’s package doesn’t require a contribution. Some areas require people to pay towards their care even when all they receive is PIP and UC. With an EHCP the transport and extras can be funded too.

ontheflighttosingapore · 13/04/2024 19:03

If he is in uk with ehcp he can stay in college till 25

MissDianaBarry · 13/04/2024 19:04

@Headfirstintothewild - it is a great package (thank you Cornwall Council). He has very complex needs. It means we can keep him healthy and we all cope. The next step will be supported living - more costly for the council (and he will need to contribute) so for now we keep to the plan.

DrRuthGalloway · 13/04/2024 19:05

Headfirstintothewild · 13/04/2024 18:50

The problem with this is social care support is often means tested. Provision in F of an EHCP is not. The provision you describe such as volunteering at the stables and going to the gym can be part of an EHCP and thus not means tested. More support is often available via the EHCP than via social care, too.

My son is on a social care package and yes it's means tested but as an adult (even one living with us) he has no "means" outside his UC and pip and is funded.

awesomeaardvark · 13/04/2024 19:05

SOSSEN are another source of good advice, alongside IPSEA and NAS. If you do decide to go to Judicial Review, SOSSEN's PAP project may be able to assist you with bringing the case at no extra cost to yourself.

Headfirstintothewild · 13/04/2024 19:09

DrRuthGalloway · 13/04/2024 19:05

My son is on a social care package and yes it's means tested but as an adult (even one living with us) he has no "means" outside his UC and pip and is funded.

As I have already posted, sometimes a contribution is still required even when the only income is benefits.

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