Continuously being let down by SEND Staffordshire

[SarahG28]

My ds is 13 and currently in a mainstream secondary school where he struggles on a daily basis. He was finally diagnosed with ASD in September 2021 after a 2 year wait due to the backlog and already has an EHCP in place with support at school. The school put in for a change of provision with SEND Stafford back in March 2021 as they were unable to meet his needs. This has still not been sorted, a year later! They have not followed with consultation to other schools until now but are going down the route of SEMH and not Autism as his EHCP was finalised before his diagnosis. They have been sent all the latest reports, assessments etc along with detailed emails from the schools SENCO who btw has been an absolute godsend in trying to get us the help our ds needs. He has been and had a taster session at a local independent school which is for autism and they have offered him a placement. This was arranged by the SENCO and was the school of her recommendation to suit our ds’s needs. Our ds thoroughly enjoyed his time there and is looking forward to starting but SEND Stafford are trying to place him in a school for SEMH which will not thoroughly meet his needs. We have been trying to fight them on this and have raised all our concerns and listed the reasons why we feel he would be more suited at the school he has been offered a place with but sadly it all boils down to money!

My ds’s case finally went before the LA panel on Wednesday and sadly they have again said that a change of provision needs to be sent to other schools (SEMH), one of which is nearly an hours drive away! My ds suffers with anxiety as it is and would not cope being transported to and from a school of that distance with a complete stranger.

I have taken advice from SENDIASS who told me to write an email to my ds’s caseworker and copy his manager into, raising our concerns giving pro’s and con’s for each school which was sent before the panel meeting but sadly this seemed to of had no impact.

Is there anything else I can do as I’ve exhausted all avenues?

Thank you

Appeal. Is the school you want wholly independent or a section 41 independent? Advice is to appeal B&F as well as I as B&F will be written to support the placement the LA have named in I. Consider getting independent reports too.

Do you have a finalised amended EHCP? If so, you can appeal now. Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic. If they are going to concede will do so regardless of whether you actively partake in mediation or just get the certificate. If you have a finalised amended EHCP, but are out of time to appeal it would be worth asking SENDIST to accept your reasons for a late submission.

If you don’t already have a finalised EHCP you need to push the LA to finalise and then appeal. Don’t bother trying to negotiate, as you have learnt it doesn’t get you anywhere. If the LA are dragging their heels finalising and the AR/early review was more than 12 weeks ago threaten Judicial Review.

Do you have evidence DS won’t cope travelling an hour. At secondary 75 minutes is normally considered the maximum reasonable travel time so it will help if you can prove DS can’t.

Be careful with SENDIASS, some are good, but too many repeat the LA’s unlawful policies. They receive LA funding so aren’t completely independent and will ultimately toe the party line. IPSEA and SOSSEN are better in my opinion.

Thank you @Imitatingdory that’s of great help. I will try and get an appointment with IPSEA but they had nothing available for weeks when i last looked. Any idea on success rate of an appeal? I just feel like whichever route i go down to try and fight this I’m met with dead end after dead end.

Keep checking IPSEA, the slots are added randomly as they become available. They now also have a call in session on Fridays.

It is worth appealing. The majority of appeals are upheld. The most recent complete data set shows 96% of appeals are upheld. Data

@Imitatingdory wow that’s made me feel abit more positive. Thanks again for your help and advice. I will definitely look into the points you’ve made and try and speak with IPSEA as soon as I can 😊