Can mainstream school insist your child go to an SEN school?

[Jeb1]

Hi
My 8 yr old daughter has an EHCP and is in a mainstream school with TA support. The school recently expressed concern regarding her difficulties managing the curriculum now she is in juniors, they asked me to consider a SEN school which I was more than willing to do, however in looking at local provision there is nothing that seems to cater for moderate needs? I’ve suggested that she stay where she is and we think again? Ideally I would like the TA to work with her for short periods outside the classroom, away from distraction etc., My worry however is that they could force the decision and insist that they can’t meet her needs forcing us to opt for an SEN school that isn’t suitable. Is this a possibility? What are my legal rights in this situation? Thank you for reading. Any advice welcomed x

It seems that you agree a specialist school is the right choice, in which case the current school is already unsuitable. I say that only to put it in context.

In which case the question is really about whether you have a voice in choosing school, and that you don't want to be forced.

The short answer is yes you have a say, quite a strong one.

I would advise you look for a provision which you feel can meet the needs. Then an that the next week review discuss provision as the main topic of conversation, it sounds as if the school will be open to stating that a change of provision is required in the minutes. At this point your preference can be included.

The local authority can then do one of the things:

1. agree with you and name the change of placement.
2. agree that a specialist provision is required but suggest an alternative.
3. disagree that specialist provision or change of placement is required.

In the case of option 2, you may actually agree with them. If not you can appeal.

In the case of 3 you can also appeal. However this should be avoidable of your current school write their statement correctly. If they clearly lay out their areas of concern, list what they have done to address it and that it has failed, then assuming their list of support is adequate the authority have nowhere to go.

In all cases, your voice and the voice of your dc is significant.

Thank you that’s really helpful. Slightly different scenario -
What if the school thinks a particular SEN provision is suitable and I disagree who has the final say? Can the school push ahead without my agreement? Thank you again

No. Your current school has no say in the process other than to state that they can no longer meet your child's needs. After that it becomes a discussion between you and the local authority.

That being said, your current school will be asked by the authority to describe current educational needs. You can also submit a statement, and dispute their statement of you so wish. Assuming the annual review is completed properly, which includes you signing off on the review when it is sent to the authority, it is very unlikely anything other than the annual review will be sent as their evidence.

From the way you describe the current situation I would be surprised if the relationship between you and the current school broke down. They have no benefit in having a view on which school would work best other than to advise you. They know that if a school is not suitable you will reject it anyway.

However they may have some valid comments on your dc's needs in school which would be worth listening to when making your decisions, and those views may be why they would suggest certain schools. SEN is a small world in professional terms, within the larger education world, and many sencos and professionals are in regular contact with eachother for a variety of reasons, which gives them a more genuine understanding of different provisions away from the gloss.

Apologies, in my first post I made a typo! 'at the next week review' should be 'at the next annual review'.

If you want your child to stay at a mainstream school, the law is on your side: your preference must be met unless your child's presence in the school is incompatible with the efficient education of other pupils, and unless there are no reasonable adjustments that can be made to overcome that incompatibility.

That said, if you think your child needs a special school and the current school backs you, you are also in a fairly strong position. Have you considered mainstream schools with specialist units, schools outside the county, and independent schools?

Every child has the right to a mainstream education. That doesn't necessarily mean it's the right choice. It is the job of the LA to ensure your child's needs are being met in line with the EHCP. It is them you need to speak to, along with your schools Senco to find a way in which to meet these needs. It could mean additional funding is required to supply the 1:1's/in class TA or, if the present school can not meet the needs, then looking at alternatives. Have a look at www.ipsea.org.uk for further info on school duties etc.

One of our local special schools offers ‘in reach’ for students in mainstream primary. This involves the student going for sessions at the special school but remaining at the mainstream primary for the majority of the time. It gives the best of both worlds and if mainstream secondary is not the best option then the student already is familiar with the special school. On a personal note I work in a special school and find the students who have been in mainstream often have confidence issues as they are aware they are struggling compared to the peers and often struggle to work independently because they have had 1:1 for such a long time. They often find it easier in our setting to have friends on an equal footing as in mainstream the other children will often ‘look after them’. Mainstream schools do offer many benefits but it is important to consider the problems as well.

Hi thank you for your helpful replies. I really appreciate it. The problem in finding a suitable school is that none seem to meet the needs of children with moderate learning difficulties. The teachers themselves acknowledged that. I would prefer her to go where she gains confidence in being alongside children who need to be taught differently and access learning in a number of ways but those schools don’t exist near me? The idea of her spending part of the week in mainstream and part in special ed sounds good I will definitely look into that. The mainstream schools with units seem like a good option but so far their year 4 classes (next year) are expected to be full? Thanks so much again. I have heard of ipsea - thank you- I will take a look jx

It is such a shame, in our area they shut down many of the units and MLD schools. Luckily a few survived but not enough. I hope you manage to find a setting that suits your DD.

The fact that a school is full isn't in itself a reason why it can't be named in an EHCP.

How would it help If it was named? JX

Have you looked at independents? DS has a spikey profile so considered "too able" for a special school but needs too much support for MS so he goes to a "specialist" indie (named on EHCP)

If it's named in the EHCP, it has to give a place to the child in question - in addition to providing all the support set out in the Plan.

Hello there please can anyone advise me . My son starting secondary in September in Woodcote he has especially needs learning disabilities however I want to appeal and go for Riddlesdown please can anyone advise which of the 2 is best please? Iam very Nervous Iam a single mum I have no support I want to make sure Iam sending him in a good school. Thank you

hi, my son,5, got severe speech difficulty, saying that he's been diagnosed 2.5 years ago and he was only seen 3 times by speech therapist. every time after i made numerous phone calls asking for a visit! he has no received any support form speech therapy cos of covid for 9 months now. BUT during lockdown we made a massive progress at home and he is understandable to most people now and struggle with 3 more sounds only but he is almost there.
hes back in school now and now school says he is picking things up and is distracted in lessons and wants him to be assessment for other needs. i have not seen him being distracted at home, he shares, he concentrates, he loves reading, writing, he's very good at maths for his age (hes 5 and adds to 100 with ease) -he says it himself he is bored at school at maths.
school says if he is diagnosed with something else they get more money to help with his speech.
2 wrongs don't make it right so I'm very upset with what they say. i dont want him to have extra SENs just for the sake of money or so school can have excuses not too raise expectations for him. 5 years old can be sometimes be bored in class, can be distracted and on occasions not share but i can not see how this is additional need and not a normal behaviour!
problem is that i agreed to pediatrician seeing him before lockdown but that was for his speech needs or at least that was what i believed when school was saying his speech cause him troubles with communication. hes got lots of friends now and they do understand him.
what can i do as the school just sent more forms to pediatrician (and didn't show me a copy of any : another thing that really upset me!?

@kghsygfd, it might be better to start a new thread with your query.

However, to be honest if the school is pushing for an assessment, in your shoes I'd be delighted to accept. A severe speech difficulty signals much more than someone who is sometimes bored in class, and despite the progress he has made your post suggests he does still have problems in that area. Further, speech difficulties are rarely isolated problems - they tend to go with problems with receptive communication and attention, and will affect learning because communication is obviously central to the process of learning. Sure, an assessment may result in more funding for the school, but that doesn't help their budget because it has to be used for the child to whom the money is allocated.