No spaces available in SEN schools, current school can not meet DS needs, LA are saying I have to keep him at current school, please could you help?

[cheaperthebetter]

Hi,
So my DS is in a mainstream school with a base, which he is currently in.
Has meeting with his teacher and head of senco as the school can no longer meet his needs.
He is 10 working at age 4, not improving if he has it by 1 month in a year.
He has eating difficulties, can't talk but communicates using sign, his sign is very 3 word convo, also you have to know DS to know exactly what he signing as can't do face expressions with his sign, due to condition.
His mobility is okish, he has mild cerebral palsy and hemiplegic down one side.
He is lovely , well behaved boy too.

So had a meeting with LA to apply to SEN schools (also has a EHCP) LA got back in touch first week of 6 week holidays and told me there is no spaces, they asked 4 schools all in all.

LA have said cause DS will be going into year 6 in Sep that , "it's " only one more year, to which I said "yes I understand that but this school can no longer meet his needs, so you are wanting me to put him back there for a year as he will be allocated a space in a SEN school for year 7" LA replied "yes that is all we can do"

Can anyone please give me any advice to we're my son stands?

a) school can not meet his needs any longer.
b) another year in a school which my son does not like going, due to pressure etc
c) I understand SEN schools only have limited spaces, but that is not my sons fault, that is the LA fault.

Any advice welcome thanks

It is not all they can do. If there is no local provision then they can look out-of-borough or into the independent sector. Asking for very expensive, independent specialist school may mean miraculously spaces in local provision become available (at least it did so for us).

Write to them pointing out that leaving your child in a school which they know cannot meet his needs is unlawful. As OneinEight says, they aren't limited to local special schools. I would suggest you look seriously at schools in neighbouring boroughs and independents and tell them as soon as you have identified one or more that is suitable.

Do you have a right of appeal? Was the meeting a formal review? I ask because refusal to amend an EHCP after an annual review will trigger a right of appeal which you should obviously use.

Thanks for the reply's ...😊... they came out and had a SEN provision meeting...I have received the amended EHCP...still all I get is there is no spaces that is to my LA other boroughs!...I have got SENDIAS involved, which they help fight for what is right, she calling me tomorrow about a meeting she had with them on Friday .
I have not searched independent SEN schools as I don't know..🙈..thanks for the info