Can my childs school start saying they can't meet need if he has ehcp

[Bobsop]

Hi this is a tough one to write. We are really struggling to regulate our son who is 14 with autism, adhd and ptsd and possibly other mental illnesses however waiting for camhs referrals etc which can take time. He has an ehcp and has struggled this past year in his setting. They have completely overhauled the sen model in the school and have taken away some of the support he previously had as they don't feel he needs it. Since then there has been many violent incidents with my son lashing out. He has injured a teacher during one (by accident, he was in a fight with another boy and the teacher tried seperating them and he hit her by accident , the school confirmed he didn't mean to hit her) there was another incident 2 weeks later where he threw a glass lid off a tea trolley. They are now wanting an early ehcp review which I agree is the right thing however when they have sent over the form to look at prior to the meeting it says "There are significant concerns around his safety and that of others in school, and our ability as a mainstream secondary school to
meet those needs". I think because I work in a school myself I understand some of the wording and it feels like they are trying to get him out of the school. I had a chat with the deputy head who said we need to have a ehcp review to discuss whether we can meet his needs and I asked does that mean you don't think he can go to that school anymore and he said its not up to me it would be a wider discussion with the senco. When I discussed this with the senco she said its not up to her it's up to the senior leadership. It just feels like he's being pushed out. My question is really before i go into the ehc review meeting is if they have put this on the ehcp form does this mean that's it they don't want him anymore? Or does it mean they want to discuss what they can do? Also if that is there decision am.i able to fight it? Sorry it's my first ever ehcp review so I have no idea what to expect. Also please don't judge. The ptsd he suffers from is because of a very serious assault he suffered in his previous school who didn't support his needs. He loves the school he is in now and I'm genuinely concerned that if he is forced to leave this school it would be the final nail in the coffin I'm terms of his mental health.

There's a lot going on there .. short version is:

• they may feel they can't meet his needs but they also need to show they have delivered everything in his plan (and then some) to prove they can't
• the school can have a view but that doesn't mean you or the LA have to agree
• the wording suggests they don't think a mainstream school is appropriate - do you?
• the LA will take a pretty dim view of their argument if they have actually reduced the support he was getting if his plan includes it in section F

Is the support that has been removed detailed, specified and quantified in DS’s EHCP? Is it only since the support was removed that DS has been struggling? What other provision, including therapies, is currently in F and is it being provided?

The school can raise concerns with the LA. Unless the school is wholly independent, the LA may continue to name the school even if the school objects to being named. Following a review, you will get the right of appeal so you can appeal if the LA amends and you don’t agree (or if the LA doesn't make the necessary amendments, e.g. to include more provision in F).

It does sound like the school is perhaps suggesting a change of placement. Although some schools say this when they want the LA to agree to more provision/funding.

Do you want a change of placement?

You might want to ask MN to move this to the SEN or SN boards.

Hi plan didn't actually include the support he previously had it was just extra support they provided then suddenly stopped. It also states that he was on target and doing really well up until the end of last year and when I had a meeting with senco last year as he was starting to dip a little since taking away the support he previously had. I akse the senco outright in the meeting if she felt he could cope in mainstream and both the senco and keyworker nodded and said yes he's definitly able to do mainstream.

Honest truth?

They'll say they can't meet need. LA will tell them tough - they need to.

The ehcp should be amended to show what he now needs to meet his need to prevent situation where he feels so dysregulated he's lashing out.

So I would go armed with this.

Have a load of suggestions about what they could put in place - make sure this is on writing in your views and then if they refuse to amend ehcp to reflect this or put them in place they aren't following procedure.

Also go armed with some suggestions of private specialist schools as an alternative - nothing focuses the LAs minds to get their needs met correctly in MS more than £ signs of alternative costs!

Also discuss (and out in your views) about how he's been more dysregulated since x y and z were removed. Ask for these to be out in section F - they must be done.

The truth is any school can say they can't meet needs but the LA won't just say "ok, we'll move them."

What we as parents have to focus on is making sure the school they are at don't stop providing what's needed in an effort to force a placement failure.

You need an early review to get the provision DS was receiving detailed, specified and quantified in F. If you get it in F (with watertight wording. No woolly and vague rubbish), it must be provided.