Paying Privately for Independent SEN School

[Pacifica44]

Hello. We are in a tough spot and wondering if anyone has ever been through anything similar. Our daughter is in primary and has had an EHCP for ASD and ADHD for several years. It’s very detailed and specific and should provide what she needs. However, it hasn’t been followed and at this point she is resistant to attend school. We have been telling the school and the LA for a long time that the EHCP isn’t being followed and they didn’t seem to care. We called an early review and asked for a change of placement to several other mainstream primary schools but they all said they could not meet need. We have now appealed section B and I, and after doing research we feel that she would have her needs best met in an independent special school that we have viewed. She was assessed at the school and they have offered her a place. Now for the tricky bit… Our appeal won’t be heard until the end of the year! The place at the special school won’t be held that long and we don’t know what to do. Should we pay the fees ourself while we gather independent evidence and wait for tribunal? Has anyone been in a similar position? Any advice would be very helpful. Thanks in advance.

First question is will the independent SS allow parents to self fund? Not all do.

Second question is can you afford it? Independent SS are expensive and the SEN support can cost a huge amount. What would you do if you self funded and lost the appeal? If you couldn’t self fund indefinitely it could be traumatic starting somewhere not to be able to continue.

Is it wholly independent or a s.41 independent? If s.41 independent it can be named against the school’s wishes and you don’t need an offer of a place.

You should appeal F as well as B&I.

If the provision is specified and quantified in F but not being provided you can enforce the provision. Email the Director of Children’s Services informing them of the situation and threatening judicial review. Often the threat works but if it doesn’t contact SOSSEN for help with a pre-action letter.

We called an early review and asked for a change of placement to several other mainstream primary schools but they all said they could not meet need.

If you now what an independent SS it’s not relevant, but unless wholly independent the LA must name your preference unless the LA 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.

The bar to prove this is high, higher than many LAs admit. And unless the LA can prove one of the above they can, and must, name the school even if the school objects.

Thank you so much for this reply! It’s appreciated. It is wholly independent and not a section 41 school. They have said they would allow us to pay the fees. We can afford it for now which is why we are considering this. Section F is very detailed and we are in a position where there may actually be too much detailed provision if that makes sense. It discourages other schools from taking her and doesn’t mean much as it’s not being fully provided. We have sent a letter and called an early review. At this point my DD has not had her needs met for so long that she dreads going to school and protests daily. Basic things like stimming are not understood and she is reprimanded. I am organising a new EP assessment etc and hope this helps to build evidence that a mainstream is not the right place for her. I just hope the offer of admission can be extended long enough for us to go to court and change section I. I also don’t know what we will do if things don’t go our way and we can’t leave mainstream. It almost feels like you need to leave school altogether to prove things aren’t working and get an appropriate placement in a specialist setting. It’s very difficult and such a confusing process.

Before committing to self funding the independent SS I would seriously think about what you would do if the appeal doesn’t name the school. However unlikely you think that is, it is important to have a plan, and imo you need the plan before DD starts the school otherwise you risk further trauma.

Section F can never be too detailed, specified and quantified. From the child’s POV anyway. Some LAs and schools will say otherwise. I know the school in your OP is wholly independent but unless the other schools are wholly independent they can, and must, be named even if they object unless the LA can prove the high bar of one of the exceptions mentioned in my pp.

If DD isn’t receiving it you can enforce it. If you have already emailed the Director of Children’s Services threatening JR contact SOSSEN for help with a pre-action letter.

You really don’t need to leave school altogether to get a SS place. In fact parents often find it is easier to get support and a SS place if DC remain on the school’s roll. Crudely you are someone’s problem. Whereas it’s easier for professionals to sweep DC’s needs under the carpet if you are EHE. By EHE the LA will say you are making suitable alternative arrangements thereby relieving them of their duties. If DD can’t school the LA must provide alternative education under s.19 of the Education Act 1996.

Wow. This is an incredible answer. I didn’t realise that if the child was at home it’s even harder. I thought that just meant they were out of school because their needs weren’t being met and therefore they are in need of a new placement. She may start refusing school all together soon enough so this is good info to have. The problem with the schools I have named in section I is even though they are mainstream they claim they have an incredibly high number of children with needs and EHCPs. In fact the level of need seems almost impossible to believe and we have tried multiple schools. Perhaps our best bet is to keep trying to enforce the EHCP with the pre action letter and wait for our day in court. Thanks again.

Lots of people initially think the same as you. But if you stay on the school’s roll the LA are still responsible for DD’s SEN and education and the school are likely to want a quicker resolution too. Whereas if you are EHE there is no incentive for the LA to get their act together, you are saving them time and resources.

they are mainstream they claim they have an incredibly high number of children with needs and EHCPs.

This is likely to be untrue of them all or even the majority. They may have a number of EHCPs, but the LA need to prove incompatibility, which is a high bar. Despite what many LAs and schools say it is more than an “adverse effect”, “impact on” or “prejudicial to”. And the school’s can be named against their will.

@Pacifica44 - we are in a similar boat. Our DD was struggling in an independent mainstream setting. That setting felt that our DD confidence was starting to be impacted by being bottom/struggling with everything, despite lots of intervention and support. We looked at local mainstream and none came close to being able to offer the support she'd had in previous setting, certainly not without an EHC plan. We placed her in an independent SS in September, not section 41, where she is thriving. LA finally issued a plan but refused to name our school, they argued need can be met in mainstream despite numerous reports stating how challenging she would find mainstream and need for small class sizes etc. Like you we ended up asking the LA to take provision out, because we were having to self fund all the extra provision listed in the plan on top of fees and the school felt it was not necessary because of their universal offering. It seems completely daft, but if we hadn't done that, we would have been able to pay the fees in the year to get to tribunal Tribunal set for Nov, in the interim we are footing the bill and yes acknowledge we may not win...but we were not prepared to place her in mainstream, allow her to fall further behind and deal with the impact on her emotional/mental wellbeing - which often is what LA's need to see before they concede to a SS. We are using a SEN representative to help, also considering using a lawyer to support our case. Our feeling was that if we can make it work financially, even if it's only for the next couple of years, we are doing the best by our daughter. To justkeepbuilding's point - you may not win and have to keep paying, or pull the child out. Only you know what you can afford to do and ultimately what the right thing is for your child. In the interim, keep gathering as much evidence as you can that need cannot be met in mainstream and the reports need to be specific about small class sizes etc. LA's will always argue the cheapest option. Although you'll be reassured to hear that 95% of tribunals go in favour of the parents. You also seem to imply more than 1 school is named on the plan in section I - they can't do that, they need to name 1 school and you can ask that setting for a full transition plan and challenge them on how they will meet the need....that should help your case. The school named on our plan are refusing to engage with us re transition, which frankly is all helping our case...

@mumofamazinggirl If parents make suitable arrangements themselves they don’t have to ensure provision in F is provided. So if the school didn’t think it was necessary either you didn’t have to get the LA to remove provision in order not to self fund.

I know it’s not relevant now you are self funding a SS, but just so you know if DD couldn’t attend she wouldn’t have had to attend MS whilst waiting for Tribunal.

@Pacifica44 If you want more advice on this, we've been using a SEN representative Sue Peacock who has been a great support thus far and no expensive. There are a umber of advocates and representatives who can help guide you and present your evidence - they might also be able to help get your appeal expedited.

At this time of year unless DD is a phase transfer year &/or out of education an expedited hearing is unlikely as SENDISTs focus is on those 2 groups.

OP if you do use an advocate (and one isn’t necessary, it is more than possible to be successful without representation) choose carefully. It’s an unregulated area and some advocates can cause more harm than good.