LA refused to consult schools we’ve requested

[Hellobee]

Hi
Does anyone know where we stand regarding a local authority refusing to consult schools we’ve asked them to consult. They have only written specialist setting in the final ehcp and said we can continue to attend our current mainstream. However the current school have said they cannot meet needs and we’ve been having an awful experience with them. Recently they’ve started accusing my son of violence like biting and he has never bitten anyone before. Also they say it’s out of the blue which doesn’t make sense. I can understand if he was upset but my son is a very happy and gentle boy. He has autism but he is quite advanced and has great understanding so not sure why he would bite. The Ta only told us and wrote in his communication book he bit her and it was out of the blue. I cannot trust this school anymore.

What do you suggest I do? I wrote to a 20 MPs and they’ve ignored me except for two who have said they will help my son get a specialist setting that we want. I am so depressed about this unfair system that I don’t think I can cope. This sen school is the only one in our area that is suitable for my son as all the kids seem to be high functioning like him. I know he will not meet criteria for other sen schools and the mainstream independents are no longer an option since specialist setting has been named.

I don’t have clue about judicial reviews and I don’t have money for expensive reports. English is not my mother tongue and my children are just suffering in a broken system.

Any help you can offer me without attacking me? As I’m broken today

Under s.39(1) CAFA 2014 the LA should consult with your request. You should focus on appealing the EHCP. Check whether you are eligible for legal aid. If you aren’t and can’t afford independent assessment Parents in Need can sometimes help. You should appeal B&F as well as I. Contacting several random MPs is unlikely to help as they aren’t all your constituency MP or responsible for education/disability, and even if some of them were they are unlikely to be of much use.

Is the school wholly independent? As unless it is the LA must name your preference unless they can prove:
-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.

However, if it is wholly independent you need an offer of a place and to prove the LA(s) proposed schools can’t meet needs &/or it isn’t unreasonable public expenditure - this shouldn’t be too hard if only s type of school is named in I.

DC bite for lots of reasons unrelated to how advanced they are or how much they understands e.g. sensory needs.

Have you had social care assessments?

Unfortunately writing to MPs rarely brings a change of action by the L.A.. (I speak from experience of having worked in an SEN team where the reality is it diverts resources in order to respond to any MP who writes to the LA to explain the process involved. )
I'm a bit confused by what you say about the named school on the EHCP. if the L.A. have written " specialist setting " the mainstream school is no longer named and the L.A. have recognised that mainstream is no longer an appropriate setting.
You could seek support from SENDIAS to help you tackle the LA.
If the EHCP is recently issued you have an opportunity to say you do not agree with it and can request a specialist setting is named. You have the right to go to mediation/ Tribunal.Request again, in writing, that consultations are sent to your preferred settings. Have the LA given any reason why they haven't consulted with your preferred school? Did they consult with current setting? If they did i would assume they said they couldn't meet need. if so you could request.... in writing.... that a more apprpriate setting is identified. If you lodge a tribunal to challenge section I the LA should continue to work with you to resolve the issues before any hearing. It would not look good for them to go to tribunal without having named a setting.

Thank you. They are still refusing to consult

Push the LA to finalise the EHCP and appeal. What week of the process are you on?

Ehcp has been finalised without a school name and just says ‘specialist setting’

Just appeal then, going back and forth is pointless it rarely achieves anything.

Hi, do you have an update to this post?

After a year we have finally gotten the LA to accept my son needs to be in a specialist setting but so far they have only asked which schools we prefer them to consult with. The one they named themselves is the furthest away, there is a specialist school 5 minutes up the road from us which we have visited, loved and they offered my son a place if we got the LA to amend his EHCP. Yet they are still saying they’re consulting with a school 15-20 mins away, it baffles me.

Just wondering what the outcome was for you and your son?