Removing from special school?

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I'm considering home educating my daughter who is 7, in year two at a special school. Complex needs, learning disabilities. Has input from lots of NHS services etc etc.

Now without going into the "why's" of why I'm considering this and also we still have lots of thinking to do about the impact on the services she sees at school etc. We very aware of all of that.

I know if you have a child in mainstream you don't need to ask for permission to remove your child. My understanding is that if they're in a special school you have to ask for permission.

In reality has anyone done this and been told "no' by the LA? What happens in that circumstance? How much hassle do they give you?

Or has anyone removed from a special school and the LA have just agreed no problems?

@Behindthelines the child is already at a special school and OP is considering withdrawing her to home educate.

Before deciding just to homeschool I wokld look into EOTAS packages as that could help you get the right funded support for her through the ehcp

Eh? Have you not had your morning coffee to wake up 😆

With very complex needs would it not be better to call an ehcp review and look at alternative settings if you feel need is not being met? My youngest has very complex needs and as heartless as it sounds school is pretty much the only respite I get. I would be wary of taking on all the responsibility of their needs plus education too.

Thank you I have briefly looked at EOTAS as well.

My understanding is that EOTAS is only funded if the LA state they cannot educate the child in any of their schools so I assume they would argue DD could stay in her school and they wouldn't fund EOTAS? But would be very happy to be corrected on that.

Thank you, this a bit concern of mine ie the respite. Honestly I think it's the main factor that has been holding me back 😬.

I have considered looking at other option but there are no other schools locally which would be suitable. It would mean an hour plus trip each way for DD to the next LA for any other schools.

I agree with Sirzy, I would look at pursuing EOTAS. EOTAS is for when it is inappropriate for the provision to be made in a school. You may have to appeal, many do, but a comprehensive EOTAS package can fund far more than the vast majority of parents can afford to fund via EHE. This is in no way a criticism of parents EHE’ing, but a statement of what can be available via EOTAS. For example, DS1’s EOTAS costs in excess of £100k pa, we couldn’t afford to fund that.

If you do want removed from the roll of the SS you have to ask permission but the LA must not unreasonably refuse.

Have you looked at alternative provisions rather than traditional schools?

Thank you I will look into EOTAS more. Do they still have annual EHCP reviews? What happens if the LA argue her needs are met ok in her current school, does that mean they wouldn't fund EOTAS?

I've looked into all local special schools yes. Except for EOTAS what other alternative provisions should I be looking at please? Thanks

Be very cautious about just removing - that means you are taking on the full responsibility yourself and absolving the LA - I am sure they will be relieved and agree joyfully except in cases where there are safeguarding risks involved (which is why you have to ask permission). But as PP have also said, it's much better to go via an EHCP review and consider whether EOTAS is a better option - then the LA retain the responsibiliy, and if in a few years (potentially during which you might consider moving closer to more suitable opion options) you perhaps want to have another review and try for a different kind of school when she is older then that will be easier too.

You should still have annual review with EOTAS and with EHE.

If the LA refused to amend the EHCP it would mean you would have to appeal.

Separately to the EHCP process if DD can’t attend school then the LA must provide provision under s.19 of the Education Act 1996.

Alternative provisions might be e.g. a care farm, riding centre or outdoor pursuits centre… What is available depends on where you live.

Thank you yes I understand what you're saying and have the same concerns re the future and it being easier to get her in a different school when she's older if theyre still legally duty bound.

Thank you, that's really good to know.

The LA must maintain the EHCP if it seems likely to be needed in future, so they nearly always do leave it in place. While you are electively home educating, it goes "on the back burner" and you have annual reviews which are just box-ticking exercises. (A few people do receive some LA provision while EHE, but that is rare.) If and when you want school, you request a review and seek to get the new school named on the EHCP, just like you would if she were in a different setting. So I don't know why it would be any harder to get her into a different special school after a spell of EHE than it would be after EOTAS or staying at her current special school?

I'm not an expert - my child has never been to school and I've never bothered to obtain an EHCP - so maybe I am missing something about that.

Consent to deregister is not really tantamount to permission to home educate. It is meant to be a formality and is supposed to help ensure continuity of provision of services. I understand it is very rare for an LA to refuse consent to deregister from special school.

It is, however, quite common for them to drag the process out and leave you hanging for ages. They may need prodding.

Education Otherwise has a template letter for requesting consent to remove a child from special school: https://www.educationotherwise.org/wp-content/uploads/2020/09/Fact-sheet-standard-letters1.pdf and can help if the LA are slow to consent.

Oh really wow, I didn't know this about EHCPs, that's interesting thank you. Lots of research still needed but that's really helpful.

Thank you, that's a helpful resource.

Have a look at the organisation ‘Sunshine Support’ - they have a lot of advice on EOTAS and securing suitable SEN provision.

So I don't know why it would be any harder to get her into a different special school after a spell of EHE than it would be after EOTAS or staying at her current special school?

It can sometimes be more difficult, but not impossible, because some LAs are sometimes more likely to drag out or refuse to name certain types of schools e.g. independent SS as they bank on parents not appealing if they refuse, instead continuing to EHE as they have done previously. However, obviously, parents can appeal. Nothing to do with the actual process or law, and everything to do with LAs trying to get away with spending £££.

You have to be able to meet all her needs. That tends to be very hard with more complex needs obviously. How will you meet her OT, physio, SaLT, learning needs?

I think I see what you mean. Are you saying that the LA, having seen that the parents appear willing and able to home educate if push comes to shove, will claim that the child could be educated in mainstream rather than a special school, because they think such parents are more likely to just give up on forcing the issue?

That makes sense. Thanks for explaining.

That’s exactly it. When parents state they no longer wish to EHE more often than not MS is named even when it isn’t suitable. In the LA’s eyes, it is a successful strategy, some parents revert to EHE rather than appealing.