Home Schooling - Autism - advice please

[bryceQ]

Hello, it looks likely that my reception age son won't get the specialist school space we wanted. There are no other options that would work for him (the LA will try to push us towards another special school which we don't want for him), so next year if we can't appeal, we will need to homeschool.

He has an EHCP, does this mean I would get any support at all? We receive DLA but I don't get carers currently as I work a small amount.

Appreciate any advice about the financial side.

Why do you think you might not be able to appeal? You will get the right of appeal when the LA state they aren’t going to amend or when they finalise the amended EHCP. Or do you mean you will be able to appeal but the SS is wholly independent and they won’t offer a place?

Rather than EHE, have you considered EOTAS? With EOTAS, the LA remains responsible for funding/delivering provision. Whereas, if you EHE, you are making suitable alternative arrangements and the LA is not responsible. Although a minority of LAs will occasionally give a personal budget it is rarely anywhere near what EOTAS can be.

If you only work a small amount, have you checked whether you are eligible for carer’s allowance? You can earn up to £139 after deductions. Also, check whether you are eligible for UC.

The SEN board might be a better fit as you can go to Tribunal if there are good reasons why the special school you don't want can't meet needs.

I know of 2 LAs who have provided funding for EHE for children with SEN but they don't publicise that obviously. But those were cases where the LA would have had to pay a huge amount for very specialist settings, had the parents pushed for it. And the children were teenagers.

sorry, I don't quite understand everything you have said. There are other specialist schools in the area, but we did not like them for our son, he cannot stay where he currently is beyond reception. We will appeal the decision, but if the school say they are full, I don't think we can contest that. We would not want to send him to any of the other special schools for various reasons. If he doesn't get the school we want we would homeschool.I thought in order to be entitled to ETOS, they have to have failed multiple provisions, he won't be eligible for that

I earn more than 139 per week, I have my own business

we aren't eligible for universal credit, my husband earns a good salary, but we live in London in an expensive area so life is very costly

Which bit don’t you understand?

We will appeal the decision, but if the school say they are full, I don't think we can contest that.

Unless the school is wholly independent, this isn’t correct. You only need an offer of a place if the school is wholly independent.

Unless wholly independent (is it?), your preferred school must be named unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar is higher than many LAs admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”. Unless the school is wholly independent if one of the above cannot be proved the school can, and must, be named regardless of the school’s objections.

I thought in order to be entitled to ETOS, they have to have failed multiple provisions

This isn’t the case. The legal bar for EOTAS is if it is inappropriate for the provision to be made in a school. It is possible to get EOTAS without failed placements or even attending a placement at all.

If you haven’t already, have a read of IPSEA and SOSSEN’s websites to understand the EHCP process better.