DH is behaving appallingly.
This needs breaking down into sections.
DC2
The EHCP can be finalised without a school. Either with section I blank (for EOTAS/EOTIS) or with a type of placement named.
If the LA has breached the statutory timescale of finalised within 20 weeks, send the relevant model letter from IPSEA’s website to the Director of Children’s Services. If that doesn’t work, you need a pre-action letter. SOSSSEN can help with this for free, but there is a wait, so you might want to look elsewhere. If the pre-action letter fails, judicial review proceedings will. This route to enforcement is better because the normal timescales of the complaints process take too long, so you wouldn’t want to go down that route because it isn’t a suitable remedy.
Are the schools you think would be great wholly independent? If not, claiming to be ‘full’ isn’t enough on its own to refuse a place.
For non-wholly independent schools, the LA must name your 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 your preference. The LA has to prove the school is so full admitting DS is incompatible. There is a point LAs can do this, but the bar is higher than many LAs and schools admit. Unless the school is wholly independent, the LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the reasons above.
You only need an offer from a wholly independent school.
Schools have to be consulted as part of the EHCP process and the LA should give them at least 15 days to respond, not 20 as a pp posted.
Have you considered EOTAS/EOTIS? This is not EHE. DS does not need to be sat at home alone with a laptop.
In the meantime, if DC2 cannot attend school, under section 19 of the Education Act 1996, the LA has a duty to ensure he still receives a suitable full-time education. The LA doesn’t have to provide home tutoring as a pp posted, but they do have to provide a suitable full-time education. That can come in many forms.
Has DC2 had a social care assessment?
DC1
DC1 needs an updated social care assessment. Does DC1 have an EHCP? Is it good enough, including covering PfA provision? If DC1’s needs are complex, have you considered if he would be eligible for children’s continuing care/adult CHC funding (depending on his age)?
You
You need a carer’s assessment. Or an updated one if you have already had one.
Benefits
If you are not eligible for UC, DH’s income must be higher than £45k or you have savings over £16k.
The rules around disabled young people in education claiming UC are complex. Some benefit advisors give incorrect information surrounding this point. Contact is a good source of information. See their leaflet here and website here. As a teen in full time education, he will not be eligible for UC unless LCW/LCWRA was established prior to the beginning of the course. However, you should make a credits only NEW Style ESA claim in order to establish LCWRA.
Council tax
Is DC1 18 yet? If so, you can be disregarded for council tax purposes as a carer. So you would be disregarded as a carer, DC1 would be exempt as a full time student, DC2 would be exempt as a child. This would leave only DH eligible to pay council tax, thus the household would be eligible for a 25% single person discount.