LA consulting more schools.

[Onmyownwith4kids]

My son has an ehcp and is due to transfer to secondary school. Both mainstream schools consulted said they could not meet needs and he needs specialist provision. He has been offered a specialist independent place. The LA then went back to the original schools and asked if they could meet need with more money. They both said no and he needs a specialist place. LA say they are now going to consult with other mainstream schools. None have anything the original schools who said no have. There are no specialist units available. I think they're just hoping someone will go along with them but this will mean my son will travel miles to schools who have nothing to offer that the local schools can't. He is going to secondary school in September with no school named on his ehcp at the moment. Has anyone else experienced this sudden consultation of new schools..So stressed with it all. Have appeal in to sendist but the date is not until the end of September and there is no capacity to change it.

In most LA's there are schools the LA can more easily strong arm which might explain this.

Also this may be to do with your right to a mainstream education, but not a specific mainstream school.

At tribunal they will first look at whether one of the following apply. - The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or

• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

These are the only reasons your preference can be refused. If none apply your preference will be named.

If one does apply the type of placement will be considered i.e. Is MS incompatible with the efficient education of others and are there no reasonable steps to prevent the incompatibility? If no, mainstream will be named as the type of placement and the tribunal will consider all the schools put forward by you and the LA. The more schools the LA put forward the more chance the Tribunal will find one it deems suitable.

I would pressurise the LA to name your preferred school despite their reply to the consultation, which they can, and should, do unless one of the 3 reasons above is applicable. On its own the school believing MS is necessary isn't enough to refuse admission and the LA will have additional transport costs for schools further away.

An alternative route is making noises about expensive independent schools, you may find someone is pressurised into has a change of heart. Alongside this ask what the LA's plan is for providing for an education and the provision in section F in September as they are still responsible for ensuring provision is provided.

Have you asked for an expedited hearing?

@Onmyownwith4kids

I agree you should ask for an expedited hearing.

Did the LA issue the final EHCP by 15th February?

No they didn't issue the ehcp until April..They only issued as the result of a tribunal. The verdict came in at the end of January and they took nine weeks to issue the ehcp. They said the deadline did not apply as it was a new ehcp. I tried to get it expedited but my request was turned down as there are so many appeals. The LA also did not agree. It's very stressful and they will not tell me who these schools are they are now consulting.

Is the school you want wholly independent or a Section 41 school?

Unfortunately the LA are right, the 15th deadline didn't apply. They had 5 weeks to issue the draft and 11 weeks for final.

Not telling you who they are consulting suggests they have either not consulted anyone else and are playing games or have consulted lots of schools speculatively.

Ellie I think the school is a state mainstream.

The mainstream was the one I originally wanted but they told me they can not meet needs. I put the specialist as my preference..He has been through the assessment process and offered a place although it is not a section 41 school. The lA did consult with them and told me they would put the specialist on his ehcp if the mainstreams could not meet need. They have been t o the mainstreams twice and offered more money to meet needs but both said no he needs a specialist placement. I agree with them. The LA do not and are now busy consulting random mainstream schools miles away. I agree with the sencos he needs a specialist placement. Severely dyslexic. Bottom 0.1 percent of literacy skills despite high cognitive ability. He could not cope in a mainstream school unable to read and write. I can not cope with the lack of certainty much longer..are they allowed to just consult until they get someone to say yes

Apologies, I missed the sentence in your OP explaining DS had been offered an independent SS place. I thought you wanted one of the mainstreams. That makes a large part of my first reply irrelevant .

I would forget about the LA's games and focus on showing why the independent SS and only that school can meet DS' needs. Does DS need, and do you have evidence, something that is unique to the independent SS that no other MS or SS within travelling distance provides? This way it doesn't matter what school (MS or cheaper SS) the LA consult. The LA must agree MS can't meet DS' needs otherwise they could name one of them despite the school's objections.

It's getting ridiculous now. The LA are now going back to the school who say they can't meet needs (they have done so twice and say he needs specialist provision) to ask them to think again. They are also consulting with a School 33 miles away who have a specialist unit. The unit is for autism. My son's ehcp is for severe dyslexia. The travel to the unit which is not appropriate anyway would cost more than the specialist placement I want. Now it is half term and still no School.

I think you just have to keep reminding yourself the tribunal will see through the LA's games. Easier said than done, I know.