Are they ignoring me?

[SpinningFloppa]

Not sure if this is the right place but I’m having some issues with dds school place, she’s autistic and isn’t currently in school back in June I emailed sendiass, a man contacted me and we spoke on the phone, he was very positive he could help and said he would arrange a meeting to see how he can help us, I waited a few weeks and never heard anything some other stuff had happened in the weeks so I decided to send him another email to add the extra information and ask about the meeting, he never responded, I though that was weird so I went back through to the main email for sendiass who I had originally emailed and explained I was speaking to someone but they stop responding so asked if anyone else could help, gave some details about the situation, no response. I emailed again a month later as really desperate at this point, no response. Left a message last week (says they will respond in 2 working days) no response, I don’t know what I’m doing wrong? Does it sound like they are ignoring me? Dd currently doesn’t have a school and I’m not sure where else to turn, I’ve spoke to iPsea but they are very hard to get hold of so wanted some more local support is sendiass in other areas this bad?!

I think the help you get from your local SENDIASS varies massively. Can you go ahead and book a helpline call from IPSEA anyway? Its worth doing, even if you have to wait. The National Autistic Society also have their own helpline and a dedicated tribunal line. What have the LA said to you so far? Does your DD have an EHCP?

I spoke to iPsea and whilst they were good I need ongoing support and people that can liaise with the LA for me as I’m struggling on my own, the LA want her in a mainstream secondary that can’t meet her needs the LA won’t agree they can’t despite the school saying themselves that they can’t and me saying they can’t they have overridden them on this and said they can. I’ve had to keep her at home as I’m not sending her. She has a ehcp.

You can request an early review of the EHCP. If the school are on your side that is a good start. Can you email the SENCO, formally laying out your concerns and asking for a reply? Make sure every communication you have with the school is written down. If SENCO phones you, follow it up with an email clarifying what you discussed. There is more advice (and a model letter) here:
www.ipsea.org.uk/asking-for-an-early-review-of-an-ehc-plan
How long has DD been out of school? The LA have an obligation to provide alternative education if she is unable to attend school.

She’s not at the school I have no contact with them and deregistered her she’s never been there, the reason why I know the school said they can’t meet her needs is because her primary senco in June said we should visit the school just to prove to the LA it’s not appropriate she then contacted the secondary who said they can’t meet her needs And said they told the LA this in December but was still named regardless (the LA have denied the school saying they can’t meet her needs and said they can and “that’s what her ehcp is for”) so her primary senco called off the visit, this is when I emailed sendiass to update them, otherwise I have no contact with the school and she is not on the roll there. She only just finished year 6 she is 11 so she just hasn’t gone to secondary

Please know that I am not an expert on any of this - I am just a mum, so do keep trying to get advice from the experts. Does the EHCP name the secondary school (the one you don't want DD to go to because it isn't suitable?) The LA is legally bound to deliver the provision contained within the EHCP. However, by deregistering you may have made things slightly more difficult. My advice would be to re-register on to that schools' books - even if you know you that DD will not be going. If the school is named on the EHCP then DD is entitled to that place and the school should not dispute it. If she is on the school's roll, then you will be able to access more help and the LA will have to step up to their obligations to provide education. Also, you will be able to contact SENCO and get them to explain, in detail, why their provision is not suitable. You can then use that as evidence when you ask for the review of the EHCP. You are welcome to PM me if can offer any other help.

SENDIASS are employed by your local authority so they can never be 'fully independent'. Some advisors are great though - some less so.

You must get independent advice. I know it's hard but keeping trying Ipsea and SOS!SEN.

When your DD's EHCP was issued naming the secondary you don't want, you should have been informed about your right to appeal. Were you?

With an EHCP, you have the legal right to request her setting. There are very few grounds a school can turn her down. Being 'full' isn't one of them. Some info here:
www.ipsea.org.uk/choosing-a-school-with-an-ehc-plan

Have you identified a setting that you think could meet her needs? With an EHCP, it doesn't have to be one in your local authority. If the secondary named in her EHCP say they can't meet her needs then that also helps.

You can email the director of children's services for your local authority (you can google to find their name) - I find that helps. It sounds like your LA has breached the law from what you're saying but an expert will need to go through exactly what's happened with you.

Unfortunately some local authorities like to stall for as long as possible. They have an absolute legal obligation to find your DD a setting as she has an EHCP - but it also needs to be one you agree to.

Some SENDIASS are good, but too many aren’t &/or repeat the LA’s unlawful policies. I wouldn’t rely on their advice even if they were contactable. Keep trying with IPSEA and SOSSEN. Try posting on the SN boards too, there are helpful posters there.

Have you appealed? If so, are you eligible for Legal Aid?

Unfortunately, by EHE you have relieved the LA of their duties, you need to tell the LA you are no longer EHE.

The LA can name the school regardless of whether the school say they can’t meet DD’s needs.

thank you both, no I haven’t appealed I missed the deadline this is the issues I’m having now as I was going to home educate if I could not get her into a SS as I didn’t have the support of any of the professionals involved they all said mainstream so I felt unable to appeal with no support so now I am unable to as missed the deadline. The school is named in section I but the reason I deregistered her is because will I not be subjected to fines? Education welfare visits and possible court if she has a school place but is not attending? Given that they’ve said the school is appropriate it’s me who is arguing it’s not, they don’t agree. That’s why I felt I had no choice there.

You should ask for an early review in order to (hopefully!) get the right of appeal again. If the LA refuse an early review you don’t have the right of appeal, you would have to request a reassessment of needs or wait for the AR. You don’t necessarily need to support of the professionals currently involved, although it does help, you can look at independent assessments.

Has the LA not amended section I if you are EHE? If DD can’t attend rather than not attending out of choice you won’t be fined, even if it is threatened. The LA are also unlikely to fine if you appeal the EHCP.

Hello I am new to home education field. I have a 6 years old boy. I did received an email from LA about the report that i have to do and it needs be on time, like a week but Instead of the weekly report, can I do monthly or yearly. Also I heard that LA should not come to your home without permission and they cannot see my child without permission. I am new to this.