Really need some advice re awful LA behaviour and EHCP delays

[blackgreenandgrey]

posting here for traffic and could do with some wise words re next steps:

• child has complex needs. mainstream placement broke down last autumn, since then not in school as mainstream won't allow them in as they cannot meet need.
• did parental EHCP request and that sailed through initially. We had a very detailed EP report making a clear case for a specialist setting (class sizes of max 5 etc) and LA agreed to issue. Plan due in Feb.
• multiple schools were consulted, all specialist settings. Only one said they can meet need. It's an independent setting and £££.
• case went to panel and it was decided that the placement is an 'efficient use of public resources' or word to that effect. Plan not finalised, and no alternatives offered and impossible to get hold of anyone in the LA. Emails ignored, phone calls not returned.
• Sent IPSEA template email about failure to finalise and threat of JR to all people with power in the EHCP team, to the directors of education and children's services and gave them a week to respond and to finalise. I also contacted my MP and the local councillor for education.

Not a single response, not even an acknowledgement of my email. Of course, no final plan either.

Anyone dealt with someone like that? I am so fed up by these people in the LA who think they are above the law. I am so worn down by it all. It's hugely stressful having a child excluded for education for so long. The EHCP is almost 3 months overdue and nobody cares. Anyone been in a similar situation. Is there anything else we can try or do we really need the solicitors for a JR (Sossen have a wait and we are on a tight time line with only very few places left in the school who offered us a place so would probably have to fund it for speed). If anyone has any other ideas please hit me. I will not go to the press or so before anyone suggests that. Not for me, nor for my child.

I forgot - I’m disabled and a LA solicitor told me, the LGO would have to extend its deadlines as a reasonable adjustment. He considered there might well be no limit?

Well obviously first off the LA need to finalise to allow right to appeal. If you’ve not even got to that stage they know which way the wind is blowing and I suspect they are opposed to named placement. You just have to bite the bullet and go to JR if you think the placement is key. Letter before action is usually sufficient. Not finalising is an easy win. Time is of the essence. I suspect they want to delay until school placement before the start of GCSE is not possible or the school that will take him is full.

Personally would not trust any LA report to be adequately specified and quantified. You might find they finalise but don’t agree placement and force you to tribunal knowing it is too late for GCSE and then offer a bespoke package.

DS2 had a bespoke package for internet school and tutors but went to 6th form and is now at uni. DS1 was placed in specialist school following tribunal and it failed. We then did JR for tutors and therapists (SALT, OT plus he had weekly community psychiatric visits from youth workers) but is now housebound.

I would say the key is early intervention but is always mediated by level of anxiety the longer intervention is delayed. The LA always argued that DS1 was too anxious to benefit (therefore it was not cost effective). I believed late diagnosis led to his level of anxiety. And that his anxiety would reduce in the right setting. But in reality it was too late. We were both right. Still their fault and DS1 and I as carer have to live with the consequences.

Both sons are autistic but have very different profiles. But I actively eschewed the route I had taken with DS1 when it came to DS2 (although this may have influenced LA reaction to me). When mainstream state failed I did not want indi specialist or indi m/s. I wanted to keep his mental health intact and for him to learn at his speed even if this meant sitting maths GCSE at 14 and getting A* but having tutors for English to pass his GCSE at 16.

What does your son want?

@PocketSand DC wants to be in school. Is desperate in fact. Just cannot cope in a big mainstream school. Home education/EOTAS would not suit. He needs the structure and the routine of a school setting. did a trial day at the school that offered us a placement and loved it. Very academic but lacks self drive for an alternative education route. We really need a school place in a small school offering a GCSE pathway. Absolute does not want online school.

Just regarding the right to appeal, it may be worth ringing the tribunal helpline and discussing with them. They recently agreed to consider an appeal for my childs EHCP annual review despite no decision because the LA repeatedly refused to issue a decision. They said they would put it in front of the judge to decide whether I could proceed with an appeal regardless. My circumstances were different and I had been through the LA complaints process but it could be worth checking with them.

In that case go straight to JR. SOS!SEN are overwhelmed with cases where parents have already been to tribunal and section F is watertight but not being delivered or in the case of my son have a watertight EHCP but are out of school.

Ive used Simpson Millar before and would recommend them. Don’t delay. You don’t have time to.

@PocketSand Thank you. This thread has been really useful. Sounds like JR and paying for it (which I can afford to) is really the only way to go.

Sorry I missed this. Yes the PAP letter is normally enough. JR proceedings are often covered by legal aid as it would be in the child's name. So if the letter didn't work your next step would be to check legal aid eligibility.