Help, what happens next?

[Shplot]

Ds was excluded in year 1. He’s been at home ever since and is meant to be going into year 5.
We’ve applied to every single mainstream and special school in two counties. All have said they can’t meet needs. Is he ever going to go to school?
Why can the local authority just leave him without an education?

Anyone?

The local authority has a duty to ensure that he is in full time education from the sixth day after the exclusion. If he has an EHCP, they also have a statutory duty to arrange the provision in section F of the EHCP. If they can't find a school, they should provide something like home tuition.

Write to them reminding them of those duties and say you want their proposals for meeting their statutory obligations as from the beginning of next term. If they still don't sort it out, threaten judicial review - www.sossen.org.uk/admin/resources/website-jr.pdf

If he doesn't have an EHCP, apply for one immediately: www.ipsea.org.uk/ehc-needs-assessments

He has ehcp and I’ve tried telling them but I just get told I’m wrong and it’s been 3 years.
I’ve been told they can force a place at a full school but they won’t

I think you might need to go to judicial review. Ipsea, sossen have good letters and advice.

IPSEA model letter 6.

What have county offered in terms of education for your dc?

What part of the country are you in? Have you tried writing to your MP? You have to take legal action to get the LA to remember they have a statutory duty to educate your child.

I feel your pain. I have a child who has SEN who I fear is at risk of permanent exclusion.

When he was excluded did they offer you an alternative school? What does the SEND lead say at the LA?

He has ehcp and I’ve tried telling them but I just get told I’m wrong and it’s been 3 years

Don't believe them. Write to them pointing out that your child has a statutory right to full time education, and a right to all the provision in Section F of his EHCP. Tell them that you need to hear from them within a week with their detailed proposals for fulfilling both duties, failing which you will be applying for judicial review. If that doesn't work, contact SOS SEN ([email protected]) to get a formal pre-action letter sent.

In the highly unlikely event that you need to start judicial review proceedings, it would be in your child's name and you would get legal aid. So please don't hesitate to enforce your child's rights this way.