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Opinions needed on Yr3 son's school - state to private?

67 replies

OneAzureBeaker · 14/06/2024 19:19

So my son is NOT thriving at his primary. He spends half his time out of the classroom either in the library or in internal suspension outside the Head's office.
I suspect he has ASD and ADHD but he's also very bright, loves maths, number facts and reading. He has also destroyed the classroom, flipped tables, hit other children apparently without warning.
I do not know the child school sees. At home he is loving and kind and sweet, although he finds transitions difficult, especially when in hyperfocus mode, and is very sensory and CANNOT sit still.
We are trying to get him diagnosed but the waiting list is YEARS long, so we are now on the waiting list for private diagnosis.
The school SENCO (who was also his class teacher) spent years denying that he could possibly have any sort of SEN, and was merely making poor choices, and issued sticker charts.
After a year of MyPlans and generally being fobbed off I insisted on an EHCP needs assessment which is now very overdue and likely to stay so.
I can't bear this any longer so I've found a lovely private school. It will be a huge financial struggle (I'm only a part time teacher so don't earn much, plus 2 other children), and I'm not even sure they will take a child that apparently has such severe behavioural issues, but I will try.
Anyone have any advice, opinions, or suggestions?
TIA

OP posts:
Cottagepiefortea · 15/06/2024 15:49

I’d encourage you to look at Potential Plus charity if you think he is academically gifted.

This behaviours do sound extreme but definitely not unique for DME children. I could see my son going this way when we moved him private. He was much happier with small class sizes and greater breath of subject. He’s now thriving in a grammar school.

OneAzureBeaker · 15/06/2024 16:00

BrumToTheRescue · 15/06/2024 15:33

The school is lying if they have said “categorically they do not do 121s.” That is a lie.

If 1:1 is detailed, specified and quantified in F it can be enforced. Recruitment isn’t the parents’ concern. Funding or recruitment is often cited as a reason why provision detailed, specified and quantified in F can’t be provided, but when LAs, who are ultimately responsible for ensuring provision in F is provided under s42 of the Children and Families 2014, are faced with enforcement action it is never an actual barrier.

Threatening that such and such is illegal make absolutely no difference.

Threatening judicial review and sending pre-action letters does work in the vast majority of cases. Where it doesn’t, JR itself does. Parents don’t have to accept unlawful behaviour.

I did not send the model letter as that is all about failure to acknowledge. They have replied and agreed to assess - everything is in. It's just waiting for a draft EHCP now which I am told will take up to 6 months due to lack of staff at the LA.

IPSEA’s model letter isn’t about failing to acknowledge. Model letter 10 is about failure to comply with the timescales for issuing/finalising. 6 months is failing to comply with them and you do not have to accept their unlawful behaviour. Send the model letter to the Director of Children’s Services. If that doesn’t work, email again threatening judicial review. If that fails, you need a pre-action letter.

Unfortunately, DC whose parents know the system, advocate for them and enforce their rights get better support. It shouldn’t be like that. It fails the most vulnerable, but it isn’t going to change in the foreseeable future.

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

Thanks. I had been relying on sendias advice. Maybe I need to look at others.

OP posts:
User2346 · 15/06/2024 16:05

OP IPSEA and SOSiSEN are excellent and unbiased.

BrumToTheRescue · 15/06/2024 18:23

I second looking at IPSEA and SOSSEN.

There are some good SENDAISS advisors, but too many give dreadful advice and perpetuate unlawful myths. SENDIASS receives LA funding so they aren’t truly independent and will ultimately toe the party line. They should have told you the statutory timescales can be enforced via JR if necessary. They should have told you the school is not being honest about 1:1 and that provision detailed, specified and quantified in EHCPs is enforceable. They should have advised you that you don’t need to EHE and there are options if school is inappropriate. They should have told you there are SEMH needs alongside needs in the 3 other broad areas of SEN.

Morph22010 · 16/06/2024 11:27

User2346 · 14/06/2024 20:55

If he is flipping tables and hitting children that is not boredom that is SEMH. Frankly you sound in denial of your DS needs and think that paying for a small class will buy your way out of these issues, they won’t and you will soon have other fee paying parents kicking off if he exhibits this behaviour in a private school. Moving him may scab the issue short term but not address his needs. I mean this kindly 💐

It’s not necessarily mine was doing this at a similar age and he’s now been in autism special school for 5 years. He had semh needs arising from autism but his primary need is autism (or communication and interaction as it’s called in ehcp). I don’t think he would be doing so well in an semh school as most have a difference approach to a c&i school. When they are in a place that is meeting primary needs the semh goes down anyway

Morph22010 · 16/06/2024 11:40

BrumToTheRescue · 15/06/2024 13:35

If the LA has failed to comply with the EHCP statutory timescales, have you sent IPSEA’s model letter to the LA? If that didn’t work, have you sent a pre-action letter? You do not need to sit back and accept the LA acting unlawfully.

DS clearly has other needs as well, but he does have SEMH needs. It is common for DC with SEN, especially SEN to the extent an EHCNA has been requested, to have needs in all 4 broad areas. It is a poor EP report who states a pupil with the presentation you describe doesn’t have SEMH needs at all. He obviously has needs in all 4 areas.

The ed psych report said a high level of keyworker support was needed.

If the EP report uses this wording, it is too vague and woolly. Provision in EHCPs is taken from the reports. If that wording is included in F, the EHCP will not be worth the paper it is written on. What is a ‘high level’? What ‘support’? Who is a ‘keyworker’?

His school have said categorically they do not do 121s.

The school is lying. 1:1 would need to be in the EHCP, but 1:1 absolutely can be given in mainstream.

even if the EHCP states they should get the moon on a stick schools just cannot provide that

EHCPs are a legal document. Provision detailed, specified and quantified in F can be enforced, via judicial review if necessary. Parents don’t have to accept provision not being provided. The problem is many EHCPs are written poorly with wording such as ‘high level of support’, ‘access to’, ‘opportunities for’, ‘would benefit from’, ‘small group’, ‘adult support’… which makes it unenforceable, so parents need to appeal to get a watertight EHCP first before it can be enforced.

My last option is quit my job and homeschool, unless anyone has any other suggestions?

You don’t have to EHE. If it is inappropriate for provision to be made in a school, there is EOTAS.

Be aware, to get a school that is wholly independent named in an EHCP you will need to show the LA’s proposed school(s) can’t meet DS’s needs &/or it isn’t unreasonable public expenditure. Many have to appeal.

This is all very well and advice I would have given but unfortunately our la has now got to the point where it pretty much ignores everything and there are no sanctions it can be given with any teeth. It was one of those named and shamed in special needs hall of shame article last week. The ipsea letter used to get results but now ehcp assessments are averaging over a year compared to legal 20 weeks. If people complain they are now being told that what it takes and tough basically. People can escalate to local government ombudsman who agree there are failing but then give something like £100 per month compensation for each month of lost education so it’s still cheaper for the la to pay this compensation than get the support in place earlier.

BrumToTheRescue · 16/06/2024 12:02

@Morph22010 JR works even in LAs who think they can ignore it.

timetorefresh · 16/06/2024 12:20

Maybe check out private specialist schools like www.witherslackgroup.co.uk/

Morph22010 · 16/06/2024 13:50

BrumToTheRescue · 16/06/2024 12:02

@Morph22010 JR works even in LAs who think they can ignore it.

But it’s bloody expensive to actually have to take an la to judicial review, even the pre action letter is beyond the means of a lot of parents. At one time the threat of JR used to be enough to get our la to do something but sadly that is no longer the case.

BrumToTheRescue · 16/06/2024 14:21

No it isn’t. JR proceedings themselves for failure to comply with EHCP statutory timescales and failure to deliver provision in F are brought in the child’s name. Therefore, the child can be eligible for legal aid in their own right. This doesn’t cover the pre-action letter, that is in the parent’s name, so no legal aid unless the parents are eligible, but SOSSEN can help with a pre-action letter for free. There is a wait, but not 6 months.

HcbSS · 16/06/2024 14:30

User2346 · 14/06/2024 20:55

If he is flipping tables and hitting children that is not boredom that is SEMH. Frankly you sound in denial of your DS needs and think that paying for a small class will buy your way out of these issues, they won’t and you will soon have other fee paying parents kicking off if he exhibits this behaviour in a private school. Moving him may scab the issue short term but not address his needs. I mean this kindly 💐

This
Parents pay good money for private education and won’t want this kind of thing in their children’s classrooms. Neither will the teachers want to put up with it. Kids who can’t behave are often managed out of private schools.
Meaning this realistically. My kids are at state school.

Morph22010 · 16/06/2024 14:42

BrumToTheRescue · 16/06/2024 14:21

No it isn’t. JR proceedings themselves for failure to comply with EHCP statutory timescales and failure to deliver provision in F are brought in the child’s name. Therefore, the child can be eligible for legal aid in their own right. This doesn’t cover the pre-action letter, that is in the parent’s name, so no legal aid unless the parents are eligible, but SOSSEN can help with a pre-action letter for free. There is a wait, but not 6 months.

I didn’t think sossen pre action letter was free it used to be around £150 have they changed it?

Pippippip2024 · 16/06/2024 14:44

Could you homeschool?

BrumToTheRescue · 16/06/2024 14:45

@Morph22010 SOSSEN started a PAP project which is free for certain things, including failure to comply with the EHCP statutory timescales and failure to provide provision in F.

ThursdayTomorrow · 16/06/2024 22:04

I would go for it OP. There have been lots of posts saying people have sent their children private because they have SEN and were not getting decent provision in state.

Sloejelly · 17/06/2024 08:40

Small class sizes in a private school could be enough but generally private schools are limited in how much SEN support they are prepared to provide. However, if it is a big stretch to family finances to meet the fees now I wouldn’t do it. If Labour win they promise to put VAT on fees which would add 20%, and fees having been increasing by 10% or sometimes even more per year over the last few years. On top of that you have to pay for expensive uniforms, text books, sports kit, trips…

In terms of the alternative being home schooling, if you are not confident with teaching there are also online schools. These are specialist providers, nothing like the attempts local schools did in lockdowns.

Private independent mainstream, specialist and online schools can be specified in an EHCP which would mean their fees are paid.

Croissantcup · 12/01/2025 07:32

@OneAzureBeaker how have you progressed with your little one since you started this thread?

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