Appealing refusal to a medical PRU unit

[HelpReallyAppreciated]

Details maybe a bit scarce as this is for someone I care a lot for but am not their parent.

They have a ECHP and are a school refuser, been out for the full academic year and most of the preceeding years.

Have viewed a place that will meet their needs for GCSE (year 11), and on viewing it were told they were likely to have a place and that they meet the criteria however the local authority have refused to fund the place and said that they have to appeal.

There parents are doing all they can but facing brick walls, can anyone help or signpost to help. This is a very capable child who is being disadvantaged due to their condition, how can this be legal in 2022.

If the LA have refused to name the parental preference in the EHCP the parents should appeal. They should appeal B&F as well as I as it will be written to support the placement named in I. They should consider getting independent assessments. If they can’t afford these and aren’t eligible for legal aid they can contact Parents in Need who can sometimes help fund them. make sure they don’t miss the deadline for appealing - 2 months from the finalised EHCP or 1 month from the mediation certificate, whichever is later.

In the meantime the LA have a statutory duty to provide a suitable, full time education under s.19 of the Education Act 1996 if the DC will be Y11 in September rather than Y11 now. In addition to this, regardless of whether DC is compulsory school aged next academic year or not, the LA must provide any provision specified and quantified in F under s.42 CAFA 2014. If the LA have refused to do this they should email the Director of Children’s Services threatening Judicial Review. Often the threat works, but if it doesn’t they should contact SOSSEN for help with a pre-action letter.

What placement have the LA named in I?

Have they looked at IPSEA & SOSSEN’s website and called their helplines?

Thank you so much for taking the time to reply. I have forwarded all the information. The LA want her to stay at the senior school which she hasn't attended all year and hardly attended since she started. It doesn't meet her needs at all.