To wonder where these kids are meant to go?!

[Wonderberry]

Unfortunately, my child's school is closing due to the VAT imposition on private school fees. She has special needs, and her fees are paid for by her EHCP, as it is a cheaper alternative to a special school. I am not rich. She cannot attend a state mainstream due to her special needs, and the council agrees with this.

I now have no school placement for her. The special schools are hugely oversubscribed (over 10 applications per place). Even if she could go to a state mainstream, there is no space in any of them, due to lots of schools closing locally. I have called dozens of them in desperation, as I need for her to go somewhere.

I have been frantically contacting the council to get her a new school place. They won't even respond. I'm faced with her being without any school place shortly. I cannot home school as I need to work.

My DD is far from alone in this. Unfortunately, the government has paid no thought into the wellbeing of SEND children, when imposing the VAT.

No advice I'm afraid, but I feel for you.Contact you MP, if labour ask them to sort, they have caused the issue.If not labour ask for lobbying on your behalf.

Sorry to hear this spiteful I’ll thought out policy lobby your mo and Brigit Phillipson

I think the local authority is legally obliged to offer a suitable educational place to all kids. You are not legally obliged to accept whatever they chuck at you.

Which may be why they aren't responding to you. They got nuthin' and to admit that would put them in an invidious legal position.

OP don’t panic. I’m in a similar situation and I’ve been told that legally they have to pay for a tutor if no school place is available. Do you have someone over 18 who can sit with them? If not it may take place at a Pupil Referral Unit but it won’t be anything like full time hours.
Are there anymore private schools locally?
Would you consider mon-Fri boarding if the council offered it somewhere a bit further away? I’ve had that option mentioned to me before so I know it’s possible. Best of luck.

A school closing now is not closing because of VAT - it’s because it was already in trouble and the VAT is just the push that a school barely hanging on needs to call it a day.

As a sector the variability in financial acumen is quite astonishing. Many are run responsibility with care and attention. MANY are compete basket cases.

I’m sorry for you - genuinely - but I guarantee if you looked at the past accounts of the school there is a long history of poor performance which hasn’t been addressed.

Interesting, I think you might be right. I have asked for them to consult the local special school for a place but I know the chance of getting a space is slim as it's so oversubscribed (it's also a lot more expensive than her current school, so the VAT policy will end up costing money in her case). I don't know what else to suggest at this point.

With an EHCP, for non-wholly independent schools, being full is not on its own enough to refuse to name the school in the EHCP. The LA has to prove the school is so full placing DC there is incompatible with the efficient education for others or use of resources. That bar is far higher than LAs and many schools admit. It has to be something specific that has a material effect and is more than an “adverse effect”, “impact on” or “prejudicial to”. Although the LA may force you to appeal - however they will still be responsible for the provision detailed, specified and quantified in F and if DD is CSA, they will still have to provide a suitable full-time education.

If it is inappropriate for provision to be made in a school, there is EOTAS/EOTIS.

She is primary aged so cannot be left alone and I don't have anyone to mind her. Due to her needs, I don't think a PRU would be possible (autism with sensory sensitivity).

Is your child secondary aged? I'm not against boarding in principle, but she seems so young for it currently. Due to her SEND she presents as younger than her age as well.

Yes, we would consider other private school options but there aren't a lot are able to accommodate her specific needs. I would also need the council to agree to name it as I cannot afford it.

The council have a legal duty to ensure she has suitable full time education (under section 19 of the education act 1996). If they can't find a place they'll have to use tutors, alternative providers etc. Suitable includes being suitable for her send needs.

Thank you. The timeframe for appealing worries me as we have little time. I also don't have any appeal right currently as they are not responding, so I don't have a decision to appeal against. The whole thing is a mess.

The LA’s provision cannot rely on you.

If the La refuses to name your preferred placement, you can appeal. Ultimately, it isn’t them who make the decision, so don’t rule a placement out just because the LA refuse.

When they do reply, and before you go bananas, which is likely, consider the conversation that led to whatever it is they offer you...

"What we going to do? We've got to offer this kid a place somewhere."

"How about St Whatever High?"

"What? It's bloody miles away from where they live. The school's SEN capability is tiny and already oversubscribed. And OFSTED hate it."

"Yeah, but the mum might just say 'yes'. What have we got to lose? Worst case, the problem just bounces back. But it might not."

"Alright - give it a shot."

....beware bureaucrats bearing gifts.

Where are you in the process? Have you had an early review yet? If so, when?

You will be able to request an expedited hearing.

A lot of schools have closed since the VAT. Some may have closed anyway, but it has accelerated the closure rate. It has also meant parents moving kids to state as understandably they cannot afford fees anymore, but there is no space left in the state sector. Lots of state schools are closing too locally.

I have a friend in the same position. Her child really struggles with change so even if a new school is found, it’s going to be very difficult for everyone. If her child doesn’t settle in a new school, her or her husband will need to give up work. The government really didn’t think this through.

https://www.ipsea.org.uk/children-who-do-not-have-a-school-place

Failing all else you'll need a pre action letter for judicial review

My EHCP review is nearly 6 months overdue. They are well out of the statutory time frame but not responding. I have made a formal complaint regarding this.

Unfortunately, this is us too. She is not coping with the upcoming change and it's resulting in dysregulated behaviour at school. It's not fair on the school staff either.

You can/must call an emergency review, which is clearly necessary as she won’t have a placement which by default puts the LA in breach of their legal duty. If they carry on ignoring, a VERY stiffly worded letter threatening the pre action protocol for Judicial Review is the legal remedy. SOS-SEN can help with this. I’d also write directly to my county councillor and also start a formal complaint and sent copies of everything to the director of children’s services for your county.

Not entirely accurate. They have to offer a suitable school. If they name a mainstream the only route is appeal.

Which doesn’t solve the actual issue. If there are no places they cannot magic them.

I second IPSEA or your local SENDIASS to help. They should give you good legal advice. Also your MP or Local Councillor.

The normal complaints process timescales mean that isn’t a suitable remedy. Email the Director of Children’s Services threatening judicial review. If that doesn’t work, you need a pre-action letter. SOSSEN can help with this free of charge but given the urgency, if you can afford it or you are eligible for legal aid, I would look elsewhere because SOSSEN have a waiting list.

I'm sorry. It sounds like the reality is that you (or your husband/partner) are going to lose your job to care for her because you won't be able to work around whatever provision she'll receive.

It's shit but I'd start preparing for the financial reality of that now.

Personally I'd go to the newspapers in your situation. I think that's the only way you'll put enough pressure on the council to sort it out within the timeframe you need.

I'm very, very sorry. You're dealt a difficult lot and then you just get things ticking along and you think you're doing ok... and then splat, you get shat on from a great height. It's crap but it probably won't get fixed any time soon. The system will just leave your family to suffer and endure the consequences.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

With an EHCP, for non-wholly independent schools, ‘no places’ is not on its own enough to refuse to name the parent’s preferred placement.

Even if the LA names a MS and OP needs to appeal that, if DD is CSA, the LA still has a duty the ensure she receives a suitable full-time education under section 19 of the Education Act 1996 if OP’s DD is unable to attend school. And under section 42 of the Children and Families Act 2014, they are still responsible for the provision in F.