Please someone tell me it’s not always a fight to get a specialist school placement - at my wits end

[Ricecakesaremyjam]

I’m so sick of thinking about this and talking about this - it’s literally taken over my life for the last 2yrs now - but I need some advice please.
my 5yr old son is diagnosed as autistic and with ADHD.
He has an EHCP. He has funding for a full time 1:1 at school (reception class at mainstream primary). I have written on here before that since day 1 of starting school in September he has been kept on a part time timetable for 2hrs a day which I am aware is unlawful. Have reported this to his case worker who has back and forth email conversations with his school about putting alternative provision in place and nothing ever comes of it. Unsurprisingly as he is only in school 2hrs a day his EHCP interventions are not being carried out. As he is not receiving the support he has been assessed as needing and is funded to receive, his behaviour in school is at times challenging and he has began lashing out at his 1:1 particularly during times of transition. The headteacher has started mentioning suspending him to me.
An annual review has been held in drips and drabs and has consisted of me and the SENCO and his class teacher meeting a few times, no other professionals involved and I would bet my last quid they don’t want anyone else involved because then it will be plain for all to see how much they’re taking the piss with his funding of which he is thrown scraps from while they use it to fund an extra TA basically. I’ve been in touch with IPSEA and other similar organisations who agree he is being treated unlawfully.
School have agreed they can’t meet his needs, and a change of placement to specialist is being requested.
I’ll be naming a specialist independent nearby that I think is right for him. I totally understand the local authority will seek a maintained school first but I’m absolutely terrified that the local authority will name a mainstream with an ASD unit attached miles away that I don’t want him to go to. I don’t think a unit would be right for him as if he is overstimulated and disregulated in a tiny village primary, how would he cope in a much bigger mainstream where he is expected to spend half the day in mainstream classes without the support of a 1:1?
If this happens where do I stand? I know I can appeal but how often are appeals successful?
I have fought and fought for 2yrs now to have his EHCP which has never been any fucking use to him as of yet and is basically at the moment just a key to get him into somewhere I hope will be better for him. I was so hopeful when he started school and they have taken the piss over and over again - not just with his 2hrs a day in school and no alternative provision, but not allowing him to take part in any school celebrations like the nativity etc (despite having a 1:1 to help him if he became restless etc). People throw around words like discrimination but it’s hard to know what else to call it. I quite rightly can’t imagine a child in a wheelchair being prevented from attending school celebrations but because my son’s disability presents in a way that means he struggles to sit still/quietly, he’s kept out of the way.
I’m so sick of fighting and I can’t imagine that it will be easy to get him into the school I want or even the type of school I want him to go to.
Any advice is appreciated!

I think it’s easiest to just launch your appeal with SENDIST as soon as you can so you have an end date for it to be resolved.

Ideally if you can afford it get an independent EP assessment. Mine specifically wrote a unit would not be appropriate which meant I was less worried about that option being put forward.

If you can’t get an EP I’d start to try and create evidence that supports your views. So statements from school about how your child copes in similar environments to a unit maybe?

The LA fight me at every opportunity but they’ve conceded at or before tribunal every time.

We are always told there are no spaces in the county but when push has come to shove all out neediest children have found a placement. If you're willing to fight as a parent, you're in an even better position. Just to also say a lot of people assume very small primaries should suit children with ASD/ADHD but in actual fact they often lack the physical space, staffing flexibility and resources of larger state primaries. Is a different mainstream school just completely unrealistic?

I could have written this post. My son is 8, diagnosed with Autism, ADHD, Sensory Processing Disorder and more. Has an EHCP, and full time one to one support in mainstream. His needs can no longer be met, and he needs a specialist provision. There are 2 excellent local provisions that would be perfect for him. But yes, it is an enormous fight. The local authority are achingly slow, we are 12 weeks in and so far no progress has been made.
I spoke to the head of my preferred provision, and he told me that I will most likely have to appeal against any LA decision, and eventually go to a tribunal to get him into the school of our choice. But, prior to the tribunal taking place, the school generally accept the child, as something like 93% of tribunals rule in favour of the parent.
You should have a LA Caseworker, who helped with the EHCP process. Contact them first, tell them the situation and that you want your child to attend the specialist provision of your choice. Then prepare for a long and tiresome battle. You'll get there in the end, as we will, but it's horribly and unfairly drawn out and complicated. Good luck.

It's so difficult:( sometimes it's out of the frying pan into the fire as they offer a space a 90mon taxi ride away that you might not feel meets his needs but if they say they can you don't really get much choice...the system is so broken :(

Unfortunately it depends so much on your local authority. I have two boys in specialist provisions.

Literally no significant issues getting them places. Oldest managed in mainstream in primary with a 1:1 but specialist senior was approved for him. He’s extremely academically able and has an independent specialist approved. No local maintained could meet his needs and by sheer luck his specialist senior is less than 3 miles away.

Youngest is non verbal and has significant needs in all area. He’s been very well served in an ASD base to now but has had move to fully specialist approved and we’re looking for a place. I wouldn’t be surprised if he ends up in independent also.

The LA we have means we changed long term plans to move area and will be staying where we are for at least another 20 years.

At the risk of outing myself I’m in Surrey and I constantly hear how our local authority is rubbish/no spaces anywhere etc etc etc 😔

The majority of appeals are successful. Not all have to appeal for a specialist school place but many do, especially for an independent SS. Is it a wholly independent school or a s41 school?

Start gathering your evidence if you haven’t already.

Make sure the LA sticks to the AR timescales.

In the meantime, if you want DS to attend full time, he can unless formally suspended. You don’t have to allow the school to get away with unlawfully, informally excluding DS. Don’t worry if the school does formally suspend. It will a) provide evidence of unmet needs to to help you pursue SS, b) force the school to follow due process, c) limit the number of days the school can suspend for, d) allow you to challenge any suspension, and e) ensure DS receives alternative education for longer suspensions.

As well as this, the LA is responsible for any provision detailed, specified and quantified in F. If there is anything detailed, specified and quantified in F that isn’t being provided, email the Director of Children’s Services reminding them of their duty under section 42 of the Children and Families Act 2014 and threatening judicial review if they do not comply. If this doesn’t work, you need a pre-action letter. Then, if that fails, JR proceedings will work.

Was DS 5 before or after the start of this term? If before, the LA is also responsible for ensuring DS receives a suitable full-time education. You can request this provision under section 19 of the Education Act 1996 from the LA. And take the same steps as in my previous paragraph if the LA refuses, delays or ignores you.

I’m a borough adjacent to Surrey and several children at my son’s school are Surrey and they all relate a compete shit show when talking about placements.

I’m sorry it’s so shit. It’s just unbearable at times.

@perpetualplatespinning at the risk of sounding clueless when you say gather evidence, what specifically would you advise I need to gather? Thankyou everyone for your replies x

Things like EP, SALT, OT, etc. Think about what reports you already have and how good they are (lots of LA reports are poor and lots of NHS reports are also poor when looking at EHCPs). This will help you think about what independent assessments you will need if you have to appeal - if you can’t afford them and aren’t eligible for legal aid (which can fund assessments if necessary) contact Parents in Need.

If you haven’t already got it in writing that the school can’t meet needs, get that. Follow up all verbal conversations with emails going forward to create a paper trail as evidence.

If the LA refuse to name your preferred school, make subject access requests to the school, LA and anyone else involved.

@perpetualplatespinning what would a subject access request highlight? Thanks again for your reply x

Potentially lots of things. SAR responses can sometimes be difficult to read but can often be helpful. For example, they may show conversations between the LA and school you haven’t be privy to or they may include raw data from the school showing lack of progress.

It's all about money unfortunately.
We got the highest people at county on a zoom meeting and spelled out to them the figures - which (unsurprisingly) they had wrong. They cannot turn down a request that is the best use of funds.
My DD is now thriving at an independent secondary school after we showed them the cost was actually cheaper than mainstream with a full time LSA.
It's a hideous system and you have my utmost sympathy, we had to fight for years, don't give up - you can do this. X

Agree with everything @perpetualplatespinning is saying. Do a SAR on both the LA and the school and then you’ll hopefully get the whole picture.

In your shoes I’d send him full time and let them exclude him which will be helpful for evidence for next placement, and als throw into sharp relief their discrimination. You don’t have to go along with what this school would prefer just to make their lives easier.

The placement should be parental choice, the LA can’t bung him where they like if there is another school which can meet his needs and which you prefer. I’d scope out the school you want and do your own consultation with them.

And finally I’d put fucking rockets under the Senco about how the school are placing the local authority at risk of judicial review by their failure to follow the plan, and send a copy to the SEN officer.

i Would write a letter cc in everyone from school, camhs, La , social services, local MP etc.

Along the lines of :

as of ‘‘date in one weeks time of this letter’ billy will no longer be partaking in the part time timetable that has been forced upon you. He will be attending school full time. He has full 1:1 provision and the associated funding provided in his ehc plan and as per this and the law he is entitled to attend ‘abc junior school’ like his peers. To exclude him from full time education is both discriminatory and unlawful and should this continue I will be forced to take legal as l proceedings to rectify the matter…

etc etc

set out what you want and what he is entitled to under law.

We all know it is likely to not work and as awful as it is - the more he ‘fails’ (they fail him) in mainstream school the more evidence you have to move him to a specialist unit.

school are not coping with him and reducing his timetable is more for their than his benefit. He is entitled to a full time education .

it is a never ending fight and the La mwill do anything to keep costs down. You can and will get there if you stay strong - keep everything factual and evidence based and keep on reminding them of the law and how they are not meeting their statutory duty.

I wish I could say it is easier but in my experience - the only way you get what your kid needs is by being tenacious and persistence and refusing to give up. Good luck

It isn’t just the LA at risk of JR, the school is too for unlawful informal exclusions and failing to make their best endeavours to meet DS’s SEN.

V true.