Inappropriate schools being consulted with

[Whatsthisscotchmist]

I’ve posted on the SEN board but I’m going out of my mind here so hoping someone will be able to advise me a bit quicker if that’s ok.

My son has ASD/ADHD and I have just received the list of SEN schools that are being consulted with for him. They are all inappropriate for him - two of the schools mention supporting children who have SEMH issues due to trauma for example. This is not my son’s profile, his EHCP is very clear that he requires a school specialising in supporting academically able autistic children with communication difficulties. He has no SEMH needs. I am so beyond worried about this. What happens if these schools agree to take him, where do I stand then? If I refuse to send him there, does that mean I have to home school him? The school I have listed as my preference has agreed they can meet need but have said they aren’t able to advise on whether they have space until spring.
I am so stressed, if anyone could please advise I would really appreciate it. Thanks x

What makes you think an SEMH school would be inappropriate for him and be unable to meet his needs?

Because he doesn’t have behavioural issues

Are all these settings independent special schools?

If your preference is for an independent but a maintained special school says they can meet need, the LA will likely name it due to the huge cost of independent places. You can go to Tribunal to appeal Section I of your child’s EHCP but this is a long process and the Tribunal may find in the LA’s favour if the other school’s offer is deemed appropriate. Have you been to the schools to look round and talk to the staff?

SEMH doesn’t necessarily mean ‘behavioural issues’, at least not when their needs are met which is what SEMH schools strive to do. Unfortunately some still view these as schools for ‘naughty children’ but that really isn’t the case. It is quite common for SEMH schools to cater for the needs of children with ADHD and ASD diagnosis.
Is he primary or secondary?

These are all independent Sen schools as the local maintained specialist schools are all full.
The school I have listed as my preference is actually about £30,000 cheaper than some of the schools listed & is so local than I would be able to drive him there rather than any need for him to use LA transport. It just depends on if they have space or not.

The schools that are being consulted with all mention a huge focus on SEMH, a couple actually mention providing support to children who have experienced trauma, SEMH is not my son’s primary need.

I’m really scared and really stressed.

what happens if I refuse one of these placements if he gets an offer there?

Sorry he is primary school age

Is your child currently in school or are they at the point of entering reception?

Special schools that cater for academically able dc with autism with EHCP are like hen’s teeth.

is this for next September?

Op call the Sossen helpline. You can appeal section I

he is in year 1, with an EHCP. Academically very able. Friendly and enjoys the company of others, but does not understand social cues such as doesn’t understand when he is being laughed at etc.
The schools that are being consulted with are totally inappropriate for him and I don’t know what to do and I’m panicking.

Have the consultations already gone? If not, I would ask your caseworker not to consult any other options until you have an outcome for your preference. They should be willing to do that.

You can also speak to the schools and visit them. If you think they are inappropriate you can then explain to the LA why that is.

My preference has been consulted with and have said they can meet need but don’t know if they can offer a space until spring.

I have already responded to his case worker saying the schools being consulted with are inappropriate and I would like the consultations withdrawn.

what happens if one of these schools are named?

Ipsea guidance is helpful OP.

www.ipsea.org.uk/faqs/my-local-authority-has-named-a-school-i-dont-agree-with-and-i-want-to-appeal-section-i-of-my-childs-ehc-plan-what-does-a-local-authority-have-to-consider-when-naming-a-school-in-an-ehc-plan

IME if one of these schools is named you will then have to appeal to get it changed. You can not send him there, but the LA would still have to pay the fees until somewhere different was named at tribunal (or before). However, I'd be very surprised if the LA named an eye-wateringly expensive school when the parent was saying they didn't want it. The LAs are desperately trying to avoid naming independents. Try to speak to your caseworker (difficult I know!) and make it clear you would not send him to attend those schools so he/she should make sure they are not named.

I have literally emailed her saying there is no way in the world I would be sending him to one of the schools suggested. This school, which is genuinely totally inappropriate for my son and I cannot believe is even being discussed as an option, lists its fees online as £90,000 (!!!!!!) plus they would need to pay transport so surely they wouldn’t send him there if I was adamant I wouldn’t send him as it’s totally inappropriate for his needs?

Our LA has a policy that a mainstream school must always be consulted, and they really scattergun consults, so they consult some wildly inappropriate schools! One I rang up the SENCo and had a chat. SENCos don't want to take on unsuitable children and they get irked with LAs firing endless consults at them. One I spoke to works at a boys' school, and gets consults for girls on a weekly basis!

I think you're panicking unnecessarily. In our experience SEMH schools are completely aware of (broadly) not mixing very anxious profile students with more behaviourally challenging ones. Whole schools - and streams within schools - exist which are SEMH, "nervous" profile only, kids who cannot cope with being around challenging behaviour. It's also a growing market as EBSNA is so rife at the moment. SEMH has an image problem - it is not synonymous with behaviourally challenging kids who get suspended.

As long as the EHCP is well specified in laying out your child's needs you should be fine, and you may even be pleasantly surprised. It's unrealistic to expect LA not to consult with other schools.

My council wouldn't be paying a special school for communication needs only. Are you sure there aren't SEMH needs?

I don’t know how things work now but 20 odd years ago when I was having problems with the LEA not addressing my sons needs (ASD &Dylexia) I went to see a solicitor for advice. He was so helpful, explained my son’s rights and took us to a tribunal which won. It was a real light bulb moment for me, he told me that every SEN statement issued by the LEA was unlawful and why and he really empowered me to take on the LEA in future myself. I worked for the same local authority and knew they were very risk averse re court action, so I threatened them with legal action every time they messed me about and usually found a suitable response from them. It did cost me initially but if my son didn’t have these issues he would have probably gone to uni and I would have spent the money then instead

I’ve worked in a specialist SEMH school. They absolutely are for pupils with behavioural issues. Their behaviours are caused by their SEMH needs. They can be better supported, and managed, in a specialist SEMH setting but it doesn’t mean the behaviours go away.
OP; if the school you have chosen have said they can meet need, that’s a fantastic start. You simply decline the others saying they are not appropriate for your child. If in Spring they say no places, you get the support of SENDIAS and you appeal appeal appeal. At no point do you tell anyone you will home school. It is much worse when places say they can’t meet need.

But your son does have social issues. The S in SEMH literally stands for social which refers to difficulties with communicating, including, understanding social cues. SEMH needs often stem from ASD, as autistic individuals experience challenges with social understanding and emotional regulation, and even though SEMH is not exclusive to autism I can bet that the vast majority of those children in a primary SEMH school are there because of SEMH needs steaming from their neurodiverse profiles. I wouldn’t write them off, they aren’t schools for naughty children, and ‘trauma’ can often be trauma experienced because of the needs not being met in previous educational setting or peer or peer bullying etc.

I work in a SEN school (previously worked in SEMH), that would probably on paper fit where you would you want you son to go, it is a brilliant school, but there is so much overlap and 100 percent of our pupils have SEMH needs which mostly stem from their neurodiverse profiles. Perhaps, if your son is academically able and otherwise manages day to day with minimal effect on his behaviour that neither a SEN or SEMH school is right for him? People often have this notion that other neurodiverse children are more accepting or forgiving of individuals who struggle socially, however, in my experience they respond far worse. My day, while teaching , is mostly spent putting our figurative fires because all of them struggle to understand social cues.

If your son is academically able and can socialise day to day etc I dont understand why the school have said they cannot meet his needs? It's a high bar to get over for a school to say they can't meet his needs and I dont see how just not understanding some social cues would trigger a referral to a SEND school? Is there more to this OP? What happens when he doesn't understand a social cue?

My son had an inappropriate semh school named in his ehcp at one point.

We went to tribunal to get a more appropriate (was still semh) (cheaper and closer too) school named. The LA conceded quite a while before the tribunal. It didnt cost us anything.

What we had to focus on was evidence of why the named school couldn't provide an adequate education and why our prefered school could.

This was by using our EP, SaLT and OT reports and diagnosis document. We hadn't paid for these, they were the LAs own reports.

The senco at the school we didnt think would work agreed to speak to me and walk me through a typical day and it was really useful in showing what wouldn't work. Ofsted had also just been and some qoutes from thier report were helpful to.

Is there any reason why he cannot stay in his mainstream school until a place comes up at your preferred school?

It was a real light bulb moment for me, he told me that every SEN statement issued by the LEA was unlawful and why and he really empowered me to take on the LEA in future myself
I too worked for a while with social services placing young people with care needs and my light bulb moment was the unfairness that was allowed to take place with parents with money and power challenging the council so their kids could got the most expensive placement which then couldn't be offered to children with higher needs with parents who only cared about themselves.

Oh yes...the threats of being taken to court and the council relenting under the unreasonable demands because the process going to court to defend the council decision would end up more costly than the actual care.

You might feel been proud of yourself but my time dealing with such parents left a very bitter and cynical taste in my mouth.

I didn’t have money - we borrowed off both set of grandparents £4000 in total and paid them back over the next few years. It was a sacrifice that we all considered worth it so my son could get an education. You only get one shot. He’s now a skilled tradesman with a full time job