Daughter refused Sen school so upset

[CornflakesCorn]

I’m so upset, I home educate my daughter not through choice as they wouldn’t give her a place in a Sen school. Well I did an annual review with the LA as I’m desperate to get her back into school I can’t cope with her at home anymore I’m seriously losing
My mind. She even had a visit from a Sen school she’s not doing any learning anymore as my mental health can’t cope with it I can’t do this anymore. Well they’ve only gone and said mainstream! Even after the Sen school visited why I feel like crying! They clearly saw how much she struggles she cried the whole time they was there and didn’t engage at all! How on earth has she been given mainstream what do I do now I can’t keep her at home I’m losing the will to live any advice as I can't cope with her at home anymore I can't believe they've said mainstream
For a child that can't even hold a conversation

No this is not a new ehcp she’s had one since she was 5 and all the way through primary school. She has been HE since leaving year 6 and she would have now been year 9 so this is the first time she’s had an annual review since then as they refused to do one after I took her out, it wasn’t done until I put in a formal complaint which is now why they have done one but she hasn’t been seen by a EP since she left school almost 3 years ago so her EHCP doesn’t reflect her needs now.

So you are aware for the future, ARs should still be held even if you EHE. In future, if the LA fails to review the EHCP at least annually, email the Director of Children’s Services reminding them of their duty and threatening judicial review. If that fails, you need a pre-action letter. Then, if that doesn’t work, JR proceedings would.

Thanks yes I know they are meant to be done annually I had been contacting them for 2 years but they wouldnt respond.

If that happens again, you can take enforcement action. You don’t have to accept the LA acting unlawfully and ignoring you.

What would happen if she starts going to mainstream? Presumably it will be immediately obvious that she can't cope, what would happen then? Would they find something more appropriate?

My expedited hearing as my son out of school was an 11 month wait last year.

OP I read so often people going to tribunal and winning. I think as there just isn't the money for SEN education most LAs say no automaticly then expect they will loose at apeal but that year delay saves lots of money

Parents with a hearing 11 months away can ask for the hearing to be brought further forward than 11 months’ time.

Thanks all. I just still don't get it. The man made the visit sound extremely positive. He said there was children in the school with the same needs as my daughter and said what form she would be in and when she would start. Does that mean the school also said no? as I don't understand why as I felt the visit went well and he met my daughter and seen that she was unable to hold a conversation and has significant needs.

The LA not naming the school doesn’t automatically mean the school objected when consulted. Even if the school did object when consulted, unless it is wholly independent, it can still be named.

You can ask to see the consultation response from the specialist school to see what they said.

Can you appeal? This is the sort of thing your MP can help with, you should get in touch.

We are in the same boat. Out of school 11 months and been offered a Specialist Provision at a state SP which the LA consulted with, in a different borough. Our LA would have to fund it. Instead of funding it, they are deleting the part of the agreed draft EHCP that says she needs specialist funding, and sending her to the mainstream she's not been in all year. The mainstream school says they cannot meet need. Specialist Provision said directly to the LA that they can. we have a few days to convince the LA. Just so depressing.