need help with school (Sen issue)

[helpwithschool]

I don't have much support in real life. Hopefully someone can give me some pointers.

DS is in y9. currently in a PRU whilst we wait for the EHCP to get finalised. He is super bright (ASD with a host of MH challenges) in a small academic setting. Draft plan came through and his mainstream school has said they cannot meet need. We consulted with a few specialist settings (LA, independent, within LA and outside LA) and the response was that either they cannot meet need or they are full). I am trying to get in contact with the EHCP team which is impossible but just wondered what happens now if mainstream cannot meet need and all other alternatives in the area are full?

I haven't seen the final plan yet. so no clue what the LA is planning on doing in terms of naming a school. Can anyone give me any pointers what could/should happen in this scenario?

Home schooling/EOTAS isn't really an option as I cannot afford to give up work.

Potentially the LA will place him in the school that meets his needs most closely, even if that school has said they don't feel they can meet needs. This happens quite regularly with my school unfortunately- sometimes the school can support to a point, sometimes the match between school and student isn't good. There isn't enough provision anywhere! So underfunded it's ridiculous 🙁

I didn't realise they can place them in a school that responds to a consultation with cannot meet need 😱. The previous MS setting was so traumatising, that he tried to commit suicide twice.

Is there a setting that you think will be suitable? I think, unless it’s a wholly private school, the LA can name it in the EHCP.

Yes, LA and independent Found four. All of them say they are full and cannot admit for that reason (guess it boils down to the facts that it's incompatible with the education of others which I get as one of the USP are very small class sizes). I could appeal but waiting time is a year. what happens in between? Will DS just be out of school (and I out of work as a result)?

The LA are able to force most types of schools (except most independent schools) to take a child. It's called naming and directing. Unless an independent school, being 'full' is not an automatic reason to refuse to admit a child.

Take a look at the following information: https://www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

Do you have a school you'd prefer him to go to? Parental preference does matter and the thresholds for schools (particularly state mainstream) not to take children are really high. In my experience many schools say 'no' as a knee jerk response but the LA can challenge it.

Technically in the meantime the LA should provide full time alternative provision (e.g. tutors, PRU, other settings) but sadly many parents have to give up work in reality.

LA direct a school to take him.

I've been out of teaching for a while but it happened pretty frequently, certainly to us.

If the settings would be compromising the needs of their existing learners by taking him, I don’t think they can be forced to. It may end up being EOTAS at least in the short term. Could you work from home or get a sabbatical or something if necessary? He might be entitled to PIP and you to carers’ allowance, UC and possibly other benefits if you are forced out of work.

we are getting DLA but it's largely spend on DS (therapy). I cannot afford carers allowance. Do parents have to be in the house when tutors come? My line of work isn't suitable for WFH.

The settings would have to prove the addition of one more child would seriously disrupt the education of others (to a below satisfactory level) and that there are no reasonable adjustments which could be made to avoid this disruption. They have to show it would harm the education of real children who already attend and not just a theoretical level of potential disruption.

At under 16 it would be Disability Living Allowance to claim rather than PIP.

Depends on the agency used, sometimes the LA hire rooms in community centres or churches for tuition.

But I suppose the setting would have to show that at tribunal, right? what happens in the meantime with the long tribunal waiting lists?

We are getting DLA already.

Yeah, unless you've got a reasonable LA :/

In the meantime alternative provision or tutors. Could he stay at the PRU in the meantime?

It depends on the reason they said no. Our LA won’t direct schools to take a pupil after saying no if the reason they give is due to this being incompatible with the education of others at the school.

it could be that they direct a school
to take him or that they continue to provide alternative learning provision until a place becomes available. They could redirect a setting to go over numbers. In reality, at this point in the year, a place probably won’t be available until September so you might be looking at ALP until then.

They could look further away. 75 mins travel is deemed acceptable for secondary age pupils.

What is he, 14? If you’re happy with the arrangements and so are the tutors I believe the sessions can take place anywhere. But it may depend on the tutors and in all honesty you might not have tutors for a full-time timetable, so he might be home alone for quite long periods in this scenario.

What about hospital education in the short term, is that an option?

In theory, can the LA name his current mainstream school (he is attending a PRU though on a temporary basis) even though the MS said they cannot meet need? I worry this could happen.

They will likely do this if no specialist setting can be named. The PRU cannot be named as it is an alternative provision. In reality, he would remain in roll there until a specialty place sorted but attend the PRU.

It's such a brutal system - I know I had to sacrifice all of my prospects and aspirations to ensure that my ASD ds made it through the system. And I have no regrets about that - he's a proven worthy individual in both the world of work and will be starting Uni in Sept.

The poor kid was permanently excluded when he was 7.

I'm going to have to get very creative to get myself gainfully employed for the next 5 years.

je ne regrette rien

What week of the EHCP are you on? Is the LA sticking to the timescales?

If DS requires therapies, they should be in F of the EHCP and therefore funded once it is finalised. If they aren’t in F, this needs to be part of your response to the draft. You may have to appeal to get them detailed, specified and quantified.

EOTAS/EOTIS is not EHE. You are not responsible for it. You do not have to give up work. The LA cannot compel you to organise, deliver or facilitate provision. The LA is responsible. That includes funding another adult if necessary. The LA can’t even force you to accept tutoring at home. However, EOTAS/EOTIS is only legally possible if it is inappropriate for the provision to be made in a school or college.

Is the independent school that is your preferred school wholly independent or a section 41 independent? If the latter, you don’t need an offer of a place and being full isn’t enough for the LA to refuse. You only need an offer of a place for wholly independent schools.

For now wholly independent schools, the LA must name your preferred option 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 your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar is higher than many LAs admit. And the school can be named even if they object when consulted.

If you have to appeal, if DS isn’t in school full time, you can request an expedited hearing.

During any appeal the LA will still be responsible for ensuring DS receives a suitable full-time education and anything detailed, specified and quantified in F.

@StrivingForSleep none of the schools is a section 41. Just double checked, one is a free school and the others are all independent. There is no maintained provision for HF academically able teens who need a small setting.

Good to know re Eotas, thank you.

Free schools are not wholly independent so an offer of a place isn’t required/they can be named even if they object.

I have no idea. Thank you @StrivingForSleep !

Our LEA frequently directs to admit if a school refuses based on any reason. Generally parental choice is paramount, and any LEA maintained school can be directed to admit even if it would take them over their pupil numbers. Usually in return they will grant an additional amount of funding.