To think the local authority can shove it up somewhere..

[ToastyCat]

Hi all,

Sorry to post here, but SN children don't really get many replies, but I just need to rage.

My DS starts school in September - he has a dignosis of Autism, a rare chromosome disorder, global developmental delay, hypermobility, and low muscle tone.

He can not walk, he's very limited verbal, he's still in nappies, he can not dress himself, put his shoes on etc he overstuffs his mouth when feeding, limited diet. Becomes very distressed in groups of people, can be aggressive if space is invaded, and other things that aren't fun.

He has an ECHP in place, and the local authority have decided that a mainstream school can meet his needs even though all the mainstream schools we've visited have said they absolutely could not and if he goes to mainstream school we're looking at heavily reduced time tables and they'd pretty much just be babysitting him.

It's absolutely disgusting, and I'm not sending him to a mainstream school.

I know I can't appeal until they have named a school, which I will absolutely be doing, but is there anything I should do in the meantime?

Thanks all.

this can then only be declined if the school is full or cannot meet need, or if LA refusing to fund.

Legally, unless the school is wholly independent, the LA must name the parental preference 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.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name parent’s preference. The LA has to prove the school is so full admitting DC is incompatible. That bar is higher than many LAs like to admit. Sadly, LAs act unlawfully and force parents to appeal far too often.

Go and visit lots of special schools including private ones

I am sorry this has happened to you. Unfortunately it is not that uncommon anymore and I think it's down to not enough places in special schools.
Where I work we do have a number of children with needs like yours. They are very much looked after and liked, but I don't think we are fully meeting their needs despite every effort.
I hope you can appeal and find a more suitable place.

I've had many a battle with the EA having 2 SEN DC and I highly suggest you lawyer up or contact a local support service to help you. I'm in Northern Ireland so I don't think providing specifics will help assuming you are in England? Your DC should hopefully be entitled to legal aid so check this out, myself and many other parents have found that once "officials" are involved and its not just us as parents fighting alone, the EA usually back down quickly and do the job they should have bloody well done in the first place!
An Ed Pysch years ago told me (she was retiring and no longer gave a fuck and had had enough of fighting the very system she worked for) the quiet parents always end up with DC worst off. Be a LOUD parent, I don't mean shouting, swearing, rude, aggressive etc I mean pushy, in your face, I'm not going away, always polite parent. Follow ANY verbal conversations with an email so it's all recorded in writing, ex. "I'm writing to confirm we spoke today at (time) and discussed/agreed the following" and ALWAYS give a deadline of when you expect a response/next steps to be taken. 1 minute after that deadline passes you chase it up immediately. Basically you need to be the politest pain in the arse possible so they give you what your DC is entitled to and deserves just to get rid of you. Sounds crazy doesn't it and 100% NOT how the system should work but sadly currently that's the way it is.
You've mentioned you have professionals involved with your DC, request all of them get involved and write a letter of support that your DC needs a specialist setting and not mainstream. If possible request a disability Social Worker who can also support you. You need an army so start building one.
In the meantime if you do have to accept a mainstream placement temporarily (even if just to prove it's not the appropriate setting) you don't have to agree to a reduced timetable, the mainstream SENCO will then join your army to get your DC moved to an appropriate placement.
Please feel free to PM me, I don't know everything but I've battled quite a few battles over the last few years and I'll answer/advice as best I can.
Buckle up OP as its a hell of a fight and you need to strong, consistent and fierce to get your DC what common sense says they should have but you can and will win 💪🏻

If you want him in a school would try at least, whatever school they give you? Would you homeschool otherwise?

Well, I'd fight it. He can stay in nursey until next April so we have some time and if worse comes to worse we'd look at home schooling him as unfortunately mainstream really isn't suitable for him and I'm not causing him unnecessary distress especially for an hour or two - I personally don't care what school he goes to whether it be special or mainstream as long as it meets his needs and he thrives there but it's just unfortunately not going to happen in mainstream.

Thank you so much for the advice everyone, definitely taking it on board and will do my best for him x

@Deadbeatex absolutely agree with everything you have said, as a health professional, I can agree that those that fully engage and chase get much further.

However, as nhs professionals we are not allowed to state what setting a child should go to, just what support and facilities they need. For example I can say that they 'need a educational setting all on one level or lift access', but not 'x school would meet their access needs'.
Private ones have more flexibility I think, but still have to remain within their professional boundaries

Even if there are full assessments the LA does not fund the recommendations and schools are left out of pocket.

Ask your MP for a home appointment so they can meet your child.

Find the school you want, get them to agree that they can meet need and want your child there. Then contact the LEA at least once a week. I did twice. Make sure you have a named person to deal with. Follow up all calls with an email.

Get your MP on the case. Mine helped me get primary provision.

My lea fucked about and didn't allocate my son a high school place at all by the Feb because I absolutely refused to apply for a mainstream place and they wouldn't accept an application without.

I had done the hard work finding the school, and his primary was very much on board they really helped too. So get nursery to help. They need to explicitly state he needs SEN school. And get your chosen school on board to help you too.

It got to the point where I got where I wanted because it was easier than dealing with me. I was absolutely lovely to them, had many nice conversations. But I just kept on at them, and made sure they knew what I wanted. It was a rush at the end to get his settling in session sorted.

Don't just look in your LEA. Look within the car travel distance you think he can cope with.

But it was all worth it. My son goes to a private SEN specialist school out of LEA, 40 mins each each way with transport. And it's absolutely the best fit.

You know what is right for your son.

Is he in an sen nursery?

Oh don't get me started. I've lost count of my appeals and ombudsman complaints. You've had some good advice above though.

No child should be on a part time timetable, if they can't manage full time it's likely the school simply can't meet their send needs and they need different provision. Either a more soecialist setting or alternative provision.

I meant they are the only ones they will suggest not that they are the only ones available.

If they have had more than 20 weeks for the EHCP put in a formal complaint about that to for e them to finish it. My LA did this and it's just a delay tactic. Then don't bother with mediation again it's just a delay. After getting my mediation certificate I had 11 months wait for tribunal.

Do not home educate him. Stand your ground. Refuse to send him to school and say you can't send to mainstream as not suitable. Read the children's act and the education I can't quote off the top of my head but 1) you can quote how LA has a duty to find appropriate school 2) you can quote you as a parent have a duty to ensure your child receives and appropriate education- you would b breaking the law sending to a school that isn't suitable 3) you have a legal duty to ensure your child is safe etc you can quote this and make an argument it would be emotionally damaging for them to attend such an unsuitable setting because likely lead to restraint so trauma shame and embarrassment from being different etc.

Do not home educate. If you do this the LA will wash their hands of the responsibility to educate him as it then becomes your legal responsibility. You stand your ground and insist they put in place alternative provisions or change the EHCP. They will fight you on it. It will be another formal complaint. Follow this all the way through then go to the government ombudsman with it. You will get a measly £200 a month for the missed education. Use this money for a barrister for your tribunal. Don't get a solicitor you can get good advice from other parent and SENSOS etc. Solicitor will cost thousands and not be beneficial. A barrister is.

I've just been through this process. Still no suitable school place but we have some limited alternative provisions. I'm still fighting. Took over 2 years from application for EHCP to getting any provisions because I fell for every delay tactic the LA used.

If you just need to rant then rant away. I feel your pain. They have a legal duty and no one cares they fail our kids. No one care the impact this has on a family when one parent has to accommodate caring for a child that should have a school place. But should you need benifits to support your family because of this then suddenly they care how lazy you are and won't believe a child can literally be left without an education. It's so morally wrong people think it's not true. Is who know SEND education know this is not even a rare story most of us go through this process. Fucking sickening

So sorry OP. That is awful.

You should ask for a Child and Family assessment from children’s social care - that doesn’t help with the school place though sorry

Make sure you visit/contact any mainstream schools the la consults with so you can ensure they have the full picture of how severe your child’s needs are. Often the ehcp does not fully reflect needs and some la’s have even been known to send an edited version to downplay needs in order to get a school to offer a place

I wouldn’t EHE. The LA has no incentive to name a SS if you EHE. It saves them money and they know some parents who EHE are likely to continue to EHE rather than pursue a special school further. That doesn’t mean DS has to attend MS if it isn’t appropriate. If DS can’t attend school, once he is compulsory school age, the LA has a duty to still ensure he receives a suitable full-time education under section 19 of the Education Act 1996. But if you EHE, the LA will say you are making suitable alternative arrangements, thereby relieving them of their duty to provide this provision or the provision in the EHCP.

Your DC should hopefully be entitled to legal aid so check this out

If the OP needs to appeal to SENDIST once she has the right of appeal, the appeal will be brought in her name. Legal aid is not available in the child’s name for appeals to SENDIST. So, OP will only be eligible for legal aid if she herself is eligible.

If they have had more than 20 weeks for the EHCP put in a formal complaint about that to for e them to finish it.

OP’s DS has a finalised EHCP following an EHCNA. That was finalised in August. It is the amended EHCP for phase transfer she doesn’t yet have. So, the 20 weeks timescale for finalising an EHCP is now irrelevant.

lodge an appeal now. If you just appeal section I (placement) you don’t need to consider mediation. It should also be heard sooner than sept 2025 if you’re not doing contents as well. They prioritise phase transfer appeals which would include your child’s. Most recent stats demonstrate that LAs lose over 98% of hearings. Good luck and contact your sendiass service for support if needed!

It doesn’t sound like the OP currently has the right of appeal to appeal now. She said the EHCP was finalised in August and the review isn’t until next month. She needs to chase the LA about the phase transfer review using IPSEA’s model letter @Ellie56 linked to. If they haven’t even begun the process, they are at risk of breaching the 15th Feb deadline for finalising the amended phase transfer EHCP.

OP would be wise to carefully consider appealing B&F as well as I because the placement named in section I is the logical conclusion of B&F. It doesn’t sound like B&F are good enough, so not appealing those as well is risky.

Be careful with SENDIASS. Some are good but some are not and repeat the LA’s unlawful policies.

It's an utter disgrace. However parents win appeals against stupid and cruel decisions like this all the time. Good luck OP, this random Internet stranger is 100% on your side.

I'm sorry OP, truly disgusting and disappointing 😔
I feel like they offer mainstream school to everyone in the first instance even when the schools decline they can meet needs. It's baffling! We have a child in my child's class, who is similar, as well as tube fed, has 24 hour care at home but still the LA put them in mainstream. It's really unfair to the child, parents, teachers and other children.

I would suggest trying to contact your EHCP coordinator and see what they suggest - hopefully they can advise on specialist schools but if not what support will be in mainstream should your child attend?
If your EHCP coordinator is not responsive escalate it to a manager. (Our EHCP coordinators are notorious for never answering the phone or replying!)

I work in a SN school, and in my Early Years class we have children with a similar level of need to your son... autism, non verbal, still in nappies. In a class of 8, four families had to go to tribunal to get a place, even though it was totally clear that none of the children could be educated in mainstream. It's appalling.

The advice other posters have given is good. Fight, politely but firmly, all the way to tribunal. Do not accept reduced time tables or homeschool. And make sure that 'benefit from' is removed from every single page of the EHCP.
My youngest has autism and attended special school, back when it was a little easier to get a place, but I literally went through the document word by word and refused to have anything that wasn't specified and quantified. No 'benefit from' but 'needs' ' X amount of hours/staff' etc. Follow up every communication in writing.
The system is absolutely shot, but you can get there if you refuse to back down!

This does sound strange even just thinking from a moving and handling point of view. You are probably lifting him but at school he will need hoist and changing table and a large bathroom for these to be used. Hopefully no mainstream school would have these facilities so LA will not be able to name a mainstream school.

Op is that what the local authority aim really is, to get you to home school so they have no responsibility and no cost whatsoever?

Good luck with your fight.