Change of placement request on EHCP

[Atomsaway]

Good afternoon,

Sorry, this is a bit long!

Looking for some advice with regards to a change of placement request for my son, on his EHCP.

At the last annual review in June, I requested a change of place for my son to a local private school. His current school is not meeting his needs and are very supportive of a move. At the annual review, the case worker said that there was already a great deal of evidence to support a change of placement and took the paperwork to panel on 30 June. She asked for my school preferences, of which there were two. The local one being my preferred option.

I have just heard back from the case worker. She said that both schools are full and therefore they could not offer a change of placement for September. Because of the timing of the annual review, I wasn’t expecting him to move in September. She was aware of this. However, she also stated that the panel agreed that my son is re referred to camhs to establish his prevailing need!

We have been through camhs three times already. My son has a long standing diagnosis of dyslexia and a recent ADHD diagnosis. His mental health is shattered from years of failure. I have asked why camhs is necessary again and if a full EP report would be sufficient. School are able to offer a full EP report in September. The case worker knew this.

My main questions are:

1. What is the protocol for consulting schools? Our SENCo told me that the panel should agree that my son needs a change of placement and then the school consultations go out. Is this correct? Effectively, all they have said both schools are full so no change of placement for September.

1. I don’t want to wait another year for a camhs choice appointment and then to see someone else, whilst my 13 year old is suffering. Would the EP consultation be better placed in September? It seems as though they are using this as a stalling tactic. The panel haven’t said yes or no to my request. Is this legal?

Our SENCo directly asked the case worker if we should hold off requesting a new school and call an emergency review in September. An EP could fully assess my son then. Case worker specifically said that there was enough evidence with views from various professionals (EP, SALT, OT and dyslexia tutor) and records from the school and that we could go ahead with the request there and then in June.

Any information would be much appreciated. Thanks 😊

She said that both schools are full and therefore they could not offer a change of placement for September.

Are these schools wholly independents or section 41 independents?

You don’t need an emergency review in September if you have only just had an AR. Agreeing to that plan is risky as there is no guarantee the LA would agree to an early review and if they didn’t there’s no right of appeal.

When you receive the draft proposed amended EHCP following the AR you will be able to name your preference, the LA must then consult with that preference and any other schools they see fit to consult with, then they must finalise the amended EHCP.

Do you mean they haven’t said yes or no to your request for an EP assessment? If so, was your request a formal reassessment of needs request? An EP assessment should be as well as MH assessment and therapies. If the MH assessment is part of a reassessment of needs the LA must commission independent professionals if the NHS can’t or won’t assess within the timescales. If it is not part of a formal reassessment of needs, I would be tempted to seek an independent assessment then push for the MH provision to be included in F, so if CAMHS can’t or won’t provide it the LA must seek independent provision.

Thanks for responding. Neither schools are section 41.

The long and the short of it is annual review took place on 25 May. Case worker took our paperwork to panel on 30 June with regards to my request for a change of placement.

During the meeting SENCo asked if we should hold an emergency review in September when a full EP report could be included in the evidence, to support my request to change school. My son has recently been diagnosed with ADHD. This also needs to be acknowledged in the plan. Case worker stated that we should gather ‘views’ from professionals and that full reports were not necessary. Case worker stated that there was lots of evidence to support that the school could not meet my son’s needs and she felt there was a good case for him to move.

I have not requested a reassessment, just a change of placement. The EP report was to be done, using the school’s EP in September. The school buys in a number of EP hours each year, but there was no time left at the end of the year for a full report.

I have not received anything from the LA and have not agreed to anything. They have not responded at all apart from an email today, from the case worker, saying our preferred school was full for September so they couldn’t accommodate a change of placement for September 2022. She also said the panel agreed that my son should be re referred to camhs.

Ultimately, they haven’t said yes or no to the amendments to the school placement. We’re left in limbo because everywhere is closing for the summer.

If you haven’t spoken to the schools to ask whether they are full you should. I wouldn’t trust the LA to always be truthful.

The LA aren’t sticking to the statutory timescales. You should have received the report summary within 2 weeks of the AR. The LA should have informed you whether they were amending or not and if they were sent the draft proposed amended EHCP within 4 weeks of the AR. As they haven’t you need to write to the Director of Children’s Services threatening JR. The LA then need to finalise within 12 weeks of the AR. The timescales do not have exceptions for the summer.

Thank you. This confirms my suspicion, having found the code of practice today.

Both schools are definitely full. I have confirmed this but I am keen to get my son on the waiting lists.

The SENCOP is out of date for AR timescales as there was a ruling earlier this year. R (L, M, and P) v Devon County Council [2022] EWHC 493 (Admin) if you want to read further.

Thank you Lego! I read the case you pointed me to.

It seems as though the statutory timings are not be followed by the LA or the school. It says the process should be front loaded and amendments should be sent two weeks prior to the AR. This did not happen. The ‘views’ from professionals were being gathered at the request of the case worker and the proposed amendments written with a deadline on 21 June, for the panel meeting on 30 June.

And this is where things get awkward. I work in the school.

That certainly complicates matters. Do you have a DH/DP that could take the lead?

The amendments don’t have to be sent beforehand only the invites, advice and information. Amendments don’t have to sent sent to you until 4 weeks afterwards.

Yes, I do have a husband who could liaise although he prefers to leave the school stuff to me.

LA have come back now and have informally said they are not prepared to change my son’s placement at the moment. They seem to want to push it back to the year 9 review.

None of the protocols are being followed. They want to establish his prevailing need and re refer to CAMHs.

I would just threaten Judicial Review to get the refusal to amend following AR and then appeal. Ask the schools when they think they will have a place. Appeals are taking so long at the moment there may well be a place by the time you get to a hearing. Those receiving dates at the minute are getting Jan/Feb dates, and many with hearing dates now are being vacated to Oct/Nov.

It’s all such a nightmare! The whole system.
Thank you for all your advice!