EBSA - Can someone sell me unravel this please?

[Listinggracefully]

I’m sinking under all the information and lack of cohesion in this situation.

DD is 12 and in Y7. She has ASD with a PDA profile. She had some EBSA at primary - probably 1 day a fortnight. She started secondary in September doing 10 days at one school before getting a place at her preferred school, and so moved part way through the term. The new school didn’t handle the transition very well. The result has been that DD’s attendance has declined so much that she has only been in for a few hours since half term. For context she gets up and dressed and to school on time, but she has a panic attack and can’t go in. She does all her set homework and worries about getting a detention if she doesn’t do it. Every day she genuinely believes that she will go in, but just can’t.

I have applied for an EHCP and have started DD with a counsellor. School are approaching it from 3 separate areas (HOY, Attendance and SENCO) who don’t seem to coordinate with each other at all, so it is a complete mess. It is like a full time job trying to trawl through it.

I don’t think she is cut out for full time mainstream school, but neither of us are keen on home educating. I know that Alternative Provision exists, but I have no idea how to access it.

Is it even possible without an EHCP?
is it just temporary?
How do I find one that is suitable for DD’s needs?

I have a rough idea of what should happen from a legal perspective and the LFA’s obligations etc under S19, but the reality is very different with stretched budgets and funding. Is anyone able (preferably in words of one syllable) to tell me the process I should be going through?

Find out which department in your local authority coordinates S19 applications. I work for the fair access team and we are dealing with this sort of problem constantly. Yes, there are issues with funding but they can't refuse a Section 19 application off hand. Where are you in the EHCNA process? The 3 'leads' in the school should absolutely be talking to each other and holding meetings with you all together. As others have suggested, every email cc all 3, every phone call follow up with an email. The Section 19 application comes from the school so push to make sure it's been done, you'll need a letter from her GP regarding the anxiety attacks and the effect this has.
How was she in the previous school and what was the rationale behind moving her? (No judgement, but is the 2nd school considered 'better' but has the move disrupted her?)
SENDIAS might be helpful for getting at least the school talking properly to each other. The local authority also has SEND advisory teacher teams who can work with the school to develop plans whilst the EHCNA is in progress different local authorities can call these teams different things but your EHCNA coordinator should be a named person who can guide you through all of that.

Tbf OP that is pretty poor.

In the comprehensive where I teach our SENCO is board level and only teaches a lesson a week (which I think is probably her choice to keep her hand in) and she is supported by a team who lead on different year groups.

I wouldn't pick a school such as yours for my SEN child.

Is it totally out of the question to consider a move back to the original school?

SENCo here... whilst waiting for EHCP, contact local SENDIASS to help you arrange a TAC meeting with the school. TAC is Team around the Child and will ensure a coordinated approach. Maybe a pArt time timetable would help her? Good luck!

You said that she moved schools early in. Is there any chance her old school would be more supportive?

A request for s19 provision does not have to come from the school. OP can make the request. LAs who have a blanket policy of only providing s19 provision if a school has made a referral are acting unlawfully. GP evidence isn’t essential either.

Agree with the advice about section 19. You will likely be told a million reasons why she can't have AP right now, they will all be unlawful. Also be aware it's the LAs statutory duty to provide it so don't be fobbed off back to the school. Keep on at the LA. There is legal action you can take if necessary (a pre action letter for judicial review) https://sossen.org.uk/applying-for-a-pre-action-protocol-letter/

The reason behind the change of school is a long and complicated story. I have offered for her to go back (in fact DD1 is still there as it is her GCSE year) but she doesn't want to:

1. A lot of people from her primary went there and she wanted a fresh start
2. She did not like the teachers there - one in particular she was very upset about. Teachers and food (which is another major issue for her) are nicer at the new school

She did have days off and pastoral were involved at old school as well, even though she was only there for two weeks. At the time I put this down to knowing she was unlikely to be there very long. Generally I do find pastoral at old school better; DD1 had some issues and they were great with that. She is adamant that she doesn't want to go back.

As I say, I don't think she is cut out for 6 hours a day in a busy mainstream secondary. Home Ed would be the solution supported by external tutoring, but point blank refuses as she wants to go somewhere where there are other kids around. We live in quite rural part of the country and as far as I can see Home Ed social groups in our immediate area are a bit patchy. My ability to travel at the moment is limited due to health reasons, so we are a bit stuck!

I will look into everything suggested on Monday and make sure I send a follow up email regarding our last meeting.

Please make very sure that you dont deregister for elective home education. The local authority can immediately discharge any duty they have to provide your daughter with an education (including alternative, S19 etc etc )

Flexischooling in the UK - Educational Freedom https://educationalfreedom.org.uk/flexischooling-in-the-uk/

It could be worth reading about Flexischooling along with the rest of your reading list.

Personally, I wouldn’t deregister and EHE. Although not easy, it is often easier to get support when you remain within the system. Crudely, at the moment, you and DD are someone’s ‘problem’. If you EHE, it is easier for professionals to sweep DD’s needs under the carpet. Remaining in the system doesn’t mean you have to force DD to attend if she isn’t able to, though.

An EHCP can provide far more, including therapeutic provision, than the vast majority of parents can afford to fund themselves. If it is inappropriate for provision to be made in a school, there are options such as EOTAS/EOTIS.

There will be alternative provision settings within travelling distance which might fulfil DD’s desire “to go somewhere where there are other kids around”.

Kindly, if you don’t know the acronyms they you don’t have the professional or personal experience to advice the OP which is what she is asking for.

People in out LA have only managed to get them to fund 2 x 6 hours of AP a week.

Have school involved an ed pysch? Most LEA have an ESBNA tool kit, have they tried that?

SENCO is the busiest job in a school.

The law is clear. LAs are responsible for ensuring DC receive a suitable full-time education. 12 hours a week isn’t that even if it is 1:1. If LAs are refusing to provide a suitable full-time education, parents can force the LA to provide more, including via JR if necessary. Or parents could complain then go to the LGO.

@2x4greenbrick What if parent/s don't wish for their child to receive a full-time education? They may, for example, feel that is not is what is best suited to their particular needs?

@Mrsnothingthanks There is an exception for the minority of cases where full-time education in any form (not just in the form the LA wishes to provide - the scope of s19 provision is far wider than LAs admit and it can include therapeutic provision and be child-led) is not in the child’s best interests for reasons relating to the physical/mental health/SEN (and not just because a parent doesn’t wish for full-time education). This should be regularly reviewed.

But pp wasn’t talking about these exceptions. She was posting about parents not being able to secure more than 2 x 6hrs because LAs unlawfully fob parents off with less than full-time is acceptable even if their DC can manage more. Hence my post.

Such good advice from @2x4greenbrickandvery thorough.
I am a sen teacher jn specialist provision and my sons has/ have ehcp’s/ statements. I am relieved that this is not a road I have to go down now.
The advice on here is solid. Keep a copy of everything, have a goal in mind and don’t be swayed. There is the right thing out there you just have to dig in!