Anyone waiting for specialist provision?

[Nonverbalmum]

Just wanted to see if anyone else is in the same boat 😊

DS is (as per my username!) non verbal with no specific diagnosis as yet. We’ve been through an absolute nightmare of him being allocated to a mainstream primary who are totally disinterested in meeting his needs where he’s become aggressive, withdrawn and just an absolute shadow of himself. Finally heard back from the LA that they are at last listening and consulting specialist schools in the area to name on his revised EHCP. So now we’re playing the waiting game and just trying to keep DS going to the point where there’s hopefully a light at the end of the tunnel.

Somehow the waiting feels worse than the appeal process!

Whilst waiting if DS can’t attend school full time the LA have a statutory duty to provide anything specified and quantified in F and if CSA alternative arrangements to ensure a suitable, full time education.
If you haven’t appealed to SENDIST yet you should even though the LA are consulting SS.

We have children waiting several years😭
At the moment, I have a year 6 who has been waiting since last June. He has a place for year 7 but not before. We had a year 2 who had been waiting since May. The only way he was found a place was when he was permanently excluded, a place then miraculously appeared within a week!

Their parents should appeal to SENDIST. Sadly this is what is needed for many to secure SS placements.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason for the LA to refuse to name parental preference (wholly independent schools excepted). The LA has to prove the school is so full admitting DC is incompatible. Obviously there is a point where LAs can do this, but the bar is high, far higher than many LAs care to admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”. However, sadly it often takes an appeal.

Hi, my son has been out of education due to a failure to safeguard him in his mainstream with a base. The LA have consulted with some schools. Please let me know your thoughts on their reply

In line with the SEN Code of Practice, we are unable to offer a place as:

“The attendance of the child or young person there would be incompatible with the efficient education of others, AND the efficient use of resources”

The school is at capacity and we will be in breach of our funding agreement with Department for Education.

Efficient Education of Others:

To ensure the efficient education of all students, we have a maximum class size of 10. Any increase over this number impacts on the learning and progress of other students.

Our classes have now all reached this maximum size. Any increase over this number would prevent us from being able to work towards students’ EHCP outcomes effectively in line with the small group requirements specified on EHCPs.

Efficient Use of Resources:

We are currently located in a Grade 1 listed building, which has a limit on the physical size of classrooms and there is no opportunity to adapt the building due to its listed status.

This means the physical maximum capacity of each room is 10 students, we cannot increase our numbers further as there is no space for additional desks.

Many of our rooms are significantly smaller than the DfE requirement for an SEN classroom. We are unable to provide additional permanent classrooms as we are located in a Conservation Area.

Our building has reached the maximum occupancy in terms of facilities including toilets. Any further increase would mean we would not be able to meet the minimum requirements for providing toilet facilities for students and staff.

Our building has reached the maximum occupancy in terms of shared spaces. Our Fire Risk assessment would be exceeded if further students had to be accommodated in the hall or gym during lunchtimes and assemblies.

We have Risk Assessed that further increases to student numbers would compromise the safety of our current students due to the nature of the corridors and classrooms. Therefore we would oppose any directed admission on the grounds of significant Health and Safety and Safeguarding Risks.

Do you have the right of appeal at the moment? If so, just appeal to SENDIST. The bar to prove incompatibility is high, higher than many LAs like to to admit.