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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think the Local Authority are wrong to believe

74 replies

2025startingwell · 12/01/2025 15:41

AIBU the local Authority are wrong to believe that an 11 year old in a very small mainstream school who via their EHCP has 1-1 32.5 hours a week and has never been left alone in that setting to cope in the biggest mainstream secondary school in the area without a 1-1. We knew the 1-1 situation would change for secondary and we discussed with both her current school and the LA who both agreed that she would need a highly specialised school for secondary. We were informed Friday that the school that will be named on her EHCP is the local girls mainstream secondary school as they have said they can “ meet “ her needs despite us also waiting for the consultation of the Sen school.

she has never managed even 10 minutes on her own in primary I just can’t understand how they think this will work !

OP posts:
BoobsOnTheMoon · 12/01/2025 15:43

They don't believe it.

They just know that forcing you to prove it will take months if not years, during which time they save money by not having to pay for the provision she needs.

WomenInConstruction · 12/01/2025 15:43

When they say they can meet her needs, does that mean she'll have full time 1:1 support there?

littleluncheon · 12/01/2025 15:43

The LA don't believe that, it's just the mainstream is the cheapest option so they automatically do that and then wait for you to challenge.

2025startingwell · 12/01/2025 15:45

WomenInConstruction · 12/01/2025 15:43

When they say they can meet her needs, does that mean she'll have full time 1:1 support there?

So I mean her EHCP does state at the moment 32.5 hours 1-1 but I’m waiting for the annual review draft ( whole diff issue )
but I don’t see it working in secondary mainstream I have always been told things work differently and they don’t like 1-1s.

OP posts:
cansu · 12/01/2025 15:45

Why can't she have 1 1 at secondary? Why can't she be left alone for 10 minutes? Is the 1 1 written into her EHCP? If so I can't see how that can be removed unless the ehcp is changed and then that can appealed at tribunal.

2025startingwell · 12/01/2025 15:47

cansu · 12/01/2025 15:45

Why can't she have 1 1 at secondary? Why can't she be left alone for 10 minutes? Is the 1 1 written into her EHCP? If so I can't see how that can be removed unless the ehcp is changed and then that can appealed at tribunal.

She is complex disabled so always had a 32.5 1-1.
I'm not sure she will even be able to get to her lessons.
I heard that basically even if EHCP states 1-1 is needed in mainstream secondary schools they are implemented differently.

OP posts:
cansu · 12/01/2025 15:47

If you want a different school you need to get the ehcp in draft ask for a mediation certificate and appeal ASAP. If it is a phase transfer it will be heard more quickly.

cansu · 12/01/2025 15:48

Contact the mainstream secondary and get them to confirm that they would be providing 32 5 hours 1.1 support.

2025startingwell · 12/01/2025 15:49

cansu · 12/01/2025 15:47

If you want a different school you need to get the ehcp in draft ask for a mediation certificate and appeal ASAP. If it is a phase transfer it will be heard more quickly.

Yeh I’m preparing my self apparently nothing I can do until the 15th of Feb when it will be finalised and then can appeal. I honestly didn’t think we had anything to worry about 😩😩 how naive !!!

OP posts:
Theunamedcat · 12/01/2025 15:50

Has the mainstream school said they can meet need? NONE of my local mainstream secondary schools said they could meet need for my son by law they have to consult with them the senco at my sons school called each one and had an honest conversation with them about ds needs and support that was not Included in the ehcp things they put in place automatically for safety

They all said no without hesitation

2025startingwell · 12/01/2025 15:52

Theunamedcat · 12/01/2025 15:50

Has the mainstream school said they can meet need? NONE of my local mainstream secondary schools said they could meet need for my son by law they have to consult with them the senco at my sons school called each one and had an honest conversation with them about ds needs and support that was not Included in the ehcp things they put in place automatically for safety

They all said no without hesitation

soo this is what is shocking to me
so 2 parents preferences were SEN schools, one in borough 1 out. I was informed they would send her EHCP to mainstreams as well as the 2 I requested 1 mainstream has come back as a yes which I know the school very well and I’m in total shock that they would have ever said yes. They have no unit either.

OP posts:
NewYearStillFat · 12/01/2025 15:54

They all know she won't cope. But you have to be seen to fail until they'll help. It's awful, they can't just make an educated decision you have to be on your knees.

littleluncheon · 12/01/2025 15:54

2025startingwell · 12/01/2025 15:52

soo this is what is shocking to me
so 2 parents preferences were SEN schools, one in borough 1 out. I was informed they would send her EHCP to mainstreams as well as the 2 I requested 1 mainstream has come back as a yes which I know the school very well and I’m in total shock that they would have ever said yes. They have no unit either.

I'd call the school directly and speak to them.

2025startingwell · 12/01/2025 15:55

littleluncheon · 12/01/2025 15:54

I'd call the school directly and speak to them.

The only thing I can think that maybe went against her was her academic levels
I don’t know 😩

OP posts:
Hoppinggreen · 12/01/2025 15:57

Theunamedcat · 12/01/2025 15:50

Has the mainstream school said they can meet need? NONE of my local mainstream secondary schools said they could meet need for my son by law they have to consult with them the senco at my sons school called each one and had an honest conversation with them about ds needs and support that was not Included in the ehcp things they put in place automatically for safety

They all said no without hesitation

The school where I am Governor has said on several occasions that they cannot meet a childs needs and are still forced to take them.
I sat on the Exclusion panel last month and one Y8 child was not havng their needs met in any way - the school told The LEA they couldn't when they were in Y6 and about to join the school

spanieleyes · 12/01/2025 15:58

Mainstream schools are under huge pressure to say yes! I said No FIVE times for one child until I was directed to offer a place, despite saying I couldn't meet needs. The LA will do almost anything to avoid special school placements.

PokerFriedDips · 12/01/2025 15:58

BoobsOnTheMoon · 12/01/2025 15:43

They don't believe it.

They just know that forcing you to prove it will take months if not years, during which time they save money by not having to pay for the provision she needs.

This.

They have no expectation that this setup will work. However, the process of it failing, and getting a new assessment, and them dragging their heels all the way to judicial review, will probably take a couple of years. That's 40% of the y7-y11 education stage in support money saved.

2025startingwell · 12/01/2025 15:59

PokerFriedDips · 12/01/2025 15:58

This.

They have no expectation that this setup will work. However, the process of it failing, and getting a new assessment, and them dragging their heels all the way to judicial review, will probably take a couple of years. That's 40% of the y7-y11 education stage in support money saved.

I honestly don’t think I have the fight left in me. Took years to sort primary.
why do they have to make it soo hard !

OP posts:
Geneticsbunny · 12/01/2025 16:00

Genuinely don't panic. We were in your situation a couple of years ago. Go and look round the school you have been offered and talk to the sendco. Go with an open mind and be very honest about your daughter's needs. They may well change their mind about being able to meet her needs once you have spoken to them.
Would she be ok at mainstream if she did actually have a 1 to 1 at all times?

If not then find out the criteria for the school you want and check your daughter meets it. For example on our areas all the special schools accept kids with different diagnoses/needs and if you don't tick the box, you won't get in. E.g. the autism schools only take autistic kids and the other schools only take kids either with severe or profound learning disability or with severe behavioural and emotional problems. It is not easy to find out what these are and you might have to ask other parents or local professionals.

As soon as the final ehcp is issued in feb (if you are in England, sorry I don't know the process for other areas) then ask to go to tribunal. This then means that the tribunal will be able to force a school to go over numbers to accept your child if they can meet needs.

The most important thing is to book a tribunal date in as soon as you can or it may not be till after the start of sept.

cansu · 12/01/2025 16:00

I think it is definitely worth a conversation with the mainstream svhool where you actually xheck that they can and are expecting to provide the 1 1 support. Be v specific
Will there be a TA who meets her every morning and goes to each lesson with her?
Who will escort her to lunch?
Etc etc

wonderstuff · 12/01/2025 16:00

I would contact the mainstream secondary SENCO and ask to see their consult return, I’m mainstream secondary senco and in the past have had LA name me because they sent the consult to the wrong email, it wasn’t received and so they assumed we had decided we could meet needs. The mainstream school are unlikely to have knowingly said they can meet needs if they can’t.

Geneticsbunny · 12/01/2025 16:03

I had huge problems because none of the special needs schools where I live will take any kids if they are working at juniors level academically or higher unless they are autistic.

2025startingwell · 12/01/2025 16:05

Geneticsbunny · 12/01/2025 16:00

Genuinely don't panic. We were in your situation a couple of years ago. Go and look round the school you have been offered and talk to the sendco. Go with an open mind and be very honest about your daughter's needs. They may well change their mind about being able to meet her needs once you have spoken to them.
Would she be ok at mainstream if she did actually have a 1 to 1 at all times?

If not then find out the criteria for the school you want and check your daughter meets it. For example on our areas all the special schools accept kids with different diagnoses/needs and if you don't tick the box, you won't get in. E.g. the autism schools only take autistic kids and the other schools only take kids either with severe or profound learning disability or with severe behavioural and emotional problems. It is not easy to find out what these are and you might have to ask other parents or local professionals.

As soon as the final ehcp is issued in feb (if you are in England, sorry I don't know the process for other areas) then ask to go to tribunal. This then means that the tribunal will be able to force a school to go over numbers to accept your child if they can meet needs.

The most important thing is to book a tribunal date in as soon as you can or it may not be till after the start of sept.

Yeh the preference schools I chose were very specifically chosen because of what they cater for

she has ASD/ language communication disorder / then physically / medically has cerebral palsy and complex medical health needs including 3 different medical tubes/ equipment attached.
at home she requires 40 plus hours a week. additional nursing care ( who comes to the home ) along side being at school for 32.5 hours. I then cover the rest of the nursing hours.

OP posts:
Geneticsbunny · 12/01/2025 16:12

Is she mainstream level academically?

Would she manage in mainstream if she had enough extra support? So nursing help and a one to one and whatever breaks/ sensory needs support for autism and communication support?

BrightYellowTrain · 12/01/2025 16:13

Start collating your evidence ready for an appeal once you have the finalised amended EHCP naming the secondary placement, which must be finalised by 15th Feb.

If you don’t yet have the draft following the phase transfer review meeting, you should chase that ASAP.

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