Council name a school unable to provide SEN needs

[ColonelCustard92]

Hi All,

I’m having a right debacle with the local council…

story is, we’ve been home educating DS for about a year now - he’s got apraxia of speech and is what I would consider to be moderately autistic.

He went to a Mainstream Nursery when he was 3 which didn’t work out and they identified these SEN needs quite robustly before the Nursery shut down and we got him an EHCP off the back of this.

We then home educated him because mainstream school would not suit his needs but the only SEN schools were for profound and multiple needs which he does not have.

There was also a period where he had to go into care for 9 weeks and this added 7 new needs to his provisions.

we now want to put him in a specialist school and we found one that is local and perfect for his needs, the only school locally that can provide for all his provisions in his EHC plan.

We did ask a local primary school if they could provide for all his needs, they said no.

The council then did a consultation with them, and they apparently now can meet his needs and he is due to start in September.

I am furious about this because DS will clearly not be able to participate in PE lessons, get himself changed and unchanged, eat lunch at a set time, sit at a desk without stimming - he will likely be a flight risk, he needs a toileting and safe handling plan amongst plenty of other issues.

we are looking to lodge an appeal, but in the meantime it looks like we might be expected to bring him to school without any provisions in place!!

I have spoken with the SENCo and I am sorely tempted not to bring him into school until we’ve had a meeting about how his needs will be met - I’m really worried and I just want some advice on what to do because I don’t want to set DS up to fail, but we can’t get him into a SEN school without some period of either going to Mainstream School or deliberately keeping him home for safeguarding reasons!

Did the council offer additional support to the school to enable them to meet his needs? Maybe that’s why they can now take him.

Have they met your child? I think you need to set up a meeting with the SENDCo and bring him along. To be fair to the school they probably don’t have the resources to meet his needs - it can be hard to assess from a paper report, and they won’t want to take on a child with needs they can’t meet in the classroom without having the money to pay for additional support, but no one will know that for sure until the water is tested. Try to keep the school on side, having their agreement that they actually can’t meet his needs safely and meaningfully will be helpful trying to access a place in the school that can.

The first thing to check is that his Plan is up to date and reflective of his needs - is it? If not, the first job is an annual review and updated Plan.

If the Plan is accurate and a mainstream school have said they can meet need and put the provision in Section F in place, then that is the school the LA will name. Special school places are in chronically short supply and need to be saved for children whose needs cannot be met in mainstream. It might be that the LA have offered increased funding.

I would let him start, arrange an early review and see how he has settled - if the placement doesn’t work then you have more of an argument for them consulting with a special school.

And don’t despair. I have known mainstream schools who have taken on children with multiple issues, problems and needs and they have thrived, learnt, taken part in activities, made friends and been fully valued as members of the school community. Admittedly some schools do go the extra mile , have an inclusive policy and positive staff, it all comes from the top, like everything in life, but you won’t know until you get there.

I think sadly you do need to give the school a chance to meet his needs. Set up a meeting with the senco. Try and build a good relationship as they could be helpful later on even by simply advocating for specialist alongside you.

Alternatively get an Ed psych to assess your son and visit the proposed schools both your preference and the council choice.

I’m confused - why are you electing to send him to school now after home educating him if you think schools can’t meet his needs?

What are the specifics in his EHCP?

Does he need 1-1 support and is that quantified in the plan?

Presumably, the school has a copy of his EHCP and should be able to say whether they can meet the provision named in it.

I agree with posters who say arranging a meeting as soon as possible with the SENCo is a good idea, to ensure things are in place, then an early meeting after a short time, followed by an emergency AR request if it’s not working.

You do then have more evidence to show if a different placement is needed, or it may go really well and be successful.

What does section F of his EHCP state he needs to meet the outcomes in E?

If it states 1:1 the school will (should have!) one set up and the council will provide the funding the school needs.

If he needs help with all those areas and they are clearly stated in his EHCP then those needs should be met.

I agree meeting with sendco would be first step.

The trick is to ask "how are you meeting x need" make them answer directly.

I found if I said "ds can't do x" they can reply "well we will teach him" that's not an answer that says how!

A friend of. I've as a son with special needs. His brother has them also, he has to go to mainstream primary to start off with. Basically so they can tick a box to say it's been tried and failed. His brother managed up to year 3 In mainstream. The younger one has far greater needs. I doubt he'll manage reception. His parents wanted him to go directly to the special school his brother is now at.

Appeal section B&F as well. It is likely they need improving (not least because if they were accurate support for things like getting changed, toileting, flight risk, etc. will be in there.) and section I is the logical conclusion of B&F, so if B&F are poor you risk an inappropriate setting being named in section I.

Consider your evidence and if you need independent assessments.

By all means request an early review as well, but don’t do that instead of appealing.

If DS can't attend school full time, you can request an expedited hearing. And if he is unable to attend full time and is CSA, the LA has a duty to ensure he still receives a suitable full-time education. They must also ensure he still receives anything detailed, specified and quantified in F - if there is anything that isn’t vague and woolly!

You might be surprised by the level of need of some children in primary school. If going into reception that is continuous provision (not sitting at a desk), which can also continue in part through year 1 and 2. He could just wear PE kit on pe days and not change. Most schools including special schools have times for lunch (particularlyfor school meals), snacks etc, but some may need to have access to their food at other times. 25% of children are starting school needing help with the toilet. If they have 1:1 specified, then individual adapted specific to your child to support etc is possible. It becomes more of an issue later through primary and at secondary entry - the issue can be if therapies are specifically to be delivered by a therapist rather than following a programme designed by a therapist. They probably wont handle a child, but make safe, unless at risk.

How old is he? It’s fairly common for kids in state schools not to be reliably potty trained until year 2 now. And security/pe rules mean being a flight risk and changing skills won’t need to be met.

He's five - and what the hell are you talking about? Why would PE rules keep him from being a flight risk???

Firstly, be very very nice with the senco. I'm one. The work load is insane. Hopefully, if you get someone half decent and a good headteacher, they will play ball and say they cannot meet your child's needs. It may mean he has to start school and fail. It's an unfortunate game that needs to be played with the LEA who will do anything to avoid expensive specialist provision.
In the meantime, get in touch with SOS!SEN who are amazing and will help you. IPSEA will do too. You will need to reject the school and take the LEA to tribunal. They will kick, scream, shout and say they have the perfect provision in various places including schools that are not suitable. They will offer you the school for the severe and profound. That's what happened to me and thankfully the head of that school phoned the LEA and said her school could not provide my ASC son with a place because there was not an appropriate peer group. This latter phrase is great - use it!

My advice is that you are super dooper nice to the people in education. Get them on your side and they will play ball. My son's primary school made sure that an epic meltdown would happen as he was being observed by the LEA Ed Psych (. My son also ensured it happened too - he knew exactly what he was doing!). You may have to pay our some money for private reports depending on what you already have but you have the added bonus of reports from SS.

Good luck. It is a really tough time and battle but you can do it and it is worth going somewhere with the therapeutic support in site. Also, that's another thing to look at - make it too expensive for the mainstream option by insisting on weekly speech and language, OT, Physio or whatever your boy needs as per reports. These things are really expensive £80 an hour so added to a full time TA plus other mental health/emotional regulation support it works out similar to a specialist placement.

This is really helpful, thankyou! My faith in humanity is now restored 😁