To think this is diabolical?

[ChaosAndToast]

I have a child whose 4 and they are starting school in September - they have a rare genetic disorder, autism, GDD (currently mentality has been scored between 12-15m) hypermobility and low muscle tone.

He can't walk but is mobile, he walks around on his knees or crawls. Refuses to use walking aids as becomes very distress. He is limited verbal, he can communicate his basic needs (want drink), he isn't potty trained and doesn't understand when he needs to be or knows he needs to be, he has social and emotional needs - he still struggles every morning going to nursery and keeps away from everyone and everything, no awareness of danger - you get the picture.

He has an EHCP.

The local authority have decided he's absolutely fine to attend a mainstream school, one we visited and well, they had a lot of stairs and the headteacher made it very clear he wouldn't be able to support my child in any capacity.

I know it's a money thing and everyone's struggling but it's so shit. I have no idea how my child is going to cope.

Awful. You need to appeal to sendist. He obviously needs a special school place.

Sorry to ask another question - say I appeal and it goes against me and DS is forced into a mainstream school (not sure we can facilitate home schooling for him)

What would happen when ultimately they can't meet his needs? Because I know it could be argued that section F could be met in any school ( it'd need to be adapted to match his physically needs, 1:1 support etc which I doubt they'll get the funding) but what happens when they can't meet his needs? Will they just expel him and we have nothing?

Why should op delay him Starting for a year? Just because ‘it’s legal’ - the chick clearly need early intervention, he could have been in a SEND setting from 2, they do exist they’re just like hens teeth, with intense intervention from PT and speech, this is what this child needs but the government want to chuck every kid in mainstream and hope for the best because we are ‘inclusive’ in this country … load of shite OP you need to throw the book at them be the biggest headache you can be for them peck their heads until they cave.

The chick- the child . Lol

With the right evidence and looking at B&F as well as I, it is very unlikely your appeal would be unsuccessful. If for some reason it was and the school couldn’t meet his needs (which they obviously won’t be able to) you could look at an early review. Then appeal again if necessary. The school can’t just permanently exclude because they can’t meet DS’s needs. And the LA remain responsible for ensuring anything detailed, specified and quantified in F is provided, and once compulsory school age, if DS is unable to attend school, the LA would be responsible for ensuring DS still receives a suitable full-time education.

EHCP writers cut and paste from official reports by OT, SALT, EP etc. if the official report uses woolly language and does not specify and quantify, the EHCP wording will be woolly etc. LA experts argue that specifying and quantifying is unhelpful, restrictive and actually hinders process and it is far better to trust schools to decide what intervention is required etc to teach resilience and increase independence. This is bollocks.

You need to appeal the EHCP not just the allocated school place. You may need independent reports, especially if you are requesting special school.

SOS!SEN are great but you need a properly specified and quantified EHCP to prove non compliance.

Where are you at in the ECHP process? Was it finalised (without you appealing) without naming specific placement? Or is it still in draft stage?

It was finalised in August but named nursery as its main school and then the mainstream school was named yesterday.

Someone on Facebook ( I know not totally reliable) told me to email my MP and request an urgent review of the EHCP which I've done.

Is it there something else I should be doing?

Gosh, this is really confusing :(

Hi OP, you should be appealing Section I of the EHCP and in the meantime researching what schools there are, that he could feasibly travel to, that could meet his needs.

www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan#:~:text=Some%20LAs%20are%20willing%20to,as%20well%20as%20section%20I.

www.ipsea.org.uk/pages/faqs/category/appealing-against-a-school-or-setting-faqs

Is your wee one in an sen nursery?

Some useful links
https://www.ipsea.org.uk
https://www.autism.org.uk

Also might be useful looking to see if you have legal expenses on your house insurance if you need to get legal advice

Ok. Don't stress. It's too late to appeal the EHCP now. Given the timetable the LA should not have named nursery as placement in August. School placement was never given due consideration. It's never a good idea for review to fall too late in the academic year (especially during school holiday) to practically do anything. But they knew it was too late. The LA are forcing the mainstream school to take your child, even though they've said they can't meet need, and hoping you will go along with it. This is common.

If I were you I would request emergency review of EHCP (from the LA) so that you have right to appeal. And then for appeal I would have private reports. If possible I would leave my child in nursery (provided their needs were met) until appeal. In the meantime visit special schools so you can name parental preference. Make sure your experts are able to testify at tribunal if needs be. I had experts (I can recall OT but may also have been EP) who visited LA named school and parental preference to assess.

I say this assuming that you think that mainstream is not the right option and could be detrimental.

It's a steep learning curve but there is support and you will be OK - be wary of SENDIAS they are likely to share an office (and beliefs) with the same LA SEN team that think your child will be fine in mainstream.

It's too late to appeal the EHCP now.

No it isn’t. The phase transfer EHCP naming a mainstream school for reception has only just been finalised. OP has the right of appeal and should appeal.

Is it there something else I should be doing?

OP, focus on appealing to SENDIST ASAP. Check if you are eligible for legal aid and consider whether you need independent assessments.

It is shocking. My brother had to fight so hard to get my nephew into an appropriate setting. Keep speaking. Keep pushing do some research on suitable special schools that can accommodate

Right of appeal lasts 2 months or 1 month from date of mediation/date on decline of mediation certificate, whichever is the soonest.

If he ends up in mainstream and isn't getting the support that he needs then you write to the legal department of the council and tell them that he isn't getting the support legally required in his ehcp and that you will be taking them to court if they don't sort it out. That usually gets them moving. Ours had an emergency meeting and found some money down the back of the sofa within a week.

Thank you everyone for your help x

I'm sorry to post on it again - he's birthday is in January but with him being SEN - am I allowed to defer his school placement a year?

I know someone suggested it and I shot them down but thinking about it I don't think he's ready for school yet and he might be completely different in 12 months - I just genuinely don't know what the right decision here is.

Normally parents whose DC are born in January can only defer until the beginning of the summer term of reception.

The exception to this would be if F included being educated outside of DS’s chronological year group, which may take an appeal, anyway.

In what way don’t you think DS is ready for a special school, if that is what you appeal for? Special schools are very different to mainstream schools.

@ChaosAndToast have you found professional help/support for this?
It's best to get your appeal right from the start.
It's very overwhelming but someone who has seen it all before will be able to cut through the the legal argument immediately and that's what you need right now.

What is he going to gain from being at school? A 15-18 month old child wouldn’t benefit from school so why would he? Is there somewhere else that could meet his very specific needs better like an additional support unit that covers infants school to 18? With sensory areas and specialty teachers and support workers?

OP I know nothing about the specifics of school placement so sorry I can't be of help, but just wanted to say you sound smart - very articulate and switched on, not to mention strong and determined to get the best for your child - to me.

Holding him back a year won't make any difference. He isn't going to catch up in a year and he will still be way behind mainstream kids. Only delay by a year if you think it will help you get the school place you need. I think you have plenty of evidence to push for a special needs school place now. If you ask to go to tribunal, the tribunal can force a special needs school to go over numbers and accept your son. It may be that you are offered a place before the tribunal happens. Also tribunals are not big scary things, theya re just a place for you to put your side of the evidence and your opinions across and for someone unbiased to decide the most appropriate outcome for the child. They don't cost any money and they shouldn't need lots of preparation.

Thank you all again.

I think I had a bit of a wobble this weekend but that's what they want and I won't be giving up.

I received an email from my MP and they're looking into it - might not do much but at least they're aware.

I've started my appeals process.

I've emailed the case workers and asked for a urgent review of the EHCP in the meantime as they've missed a lot out - I'm not entirely sure what needs to be in B&F but I know some of it isn't right.

I've emailed all the professionals included in his care as well as the nursery and the named school asking for supportive documents.

I don't know what else I need to do but you've all been really helpful and I can't thank you enough.

if you end up needing to threaten judicial review, important to remember that it is done in your child’s name so it is his financial circumstances that are taken into account not yours. It means he is eligible for legal aid. It is the one thing that works in your favour on this process. Also, and sad to say, but strategic bringing him to meetings is useful. Even the most hard hearted LA official tends to realise they can’t argue with the reality of the person behind the EHCP. Very best of luck 💐

Focus on the appeal rather than a review. B&F can be sorted via the appeal and you have the benefit of an appeal being prioritised as a phase transfer review.

Consider whether you need independent assessments. If you can’t afford these but aren’t eligible for legal aid (appeals are in your name so legal aid is only available if you are eligible - whereas most JR cases are brought in the child’s name as a pp said) contact Parents in Need.