Transferring to a Private SEN school in different LA?

[Museummum100]

Hi. Our son is 11 and has an EHCP. He currently attends a state special school but they aren't meeting his needs. He is on the spectrum and has learning disabilities. Because the school caters for a range of complex needs his class is full of children who need a lot of attention. He's very bright but not meeting his potential and finds the class overwhelming. The school try, but they have staffing issues and not enough resources. There is a wonderful, very small independent SEN school about 15 miles away. But it's in a different county. We would love to move him there, but I'm concerned about the fact that it's a/ independent and b/ a different LA. It is however an SEN school specialising in his needs. Will the cost of transferring him still be met by the LA, taking into consideration it's an independent school? And If so will they be ok with us having an out of county placement? Thanks to anyone who can help answer this one!

Independent schools can be funded via an EHCP, although you may be forced to appeal. Being in a different LA doesn’t change anything. Is the school wholly independent or a s.41 independent? Have you requested an early review of DS’s EHCP?

Hi. And thanks. I don't know what an a s.41 is?? We have an EHCP review coming up. I'm not sure how to tackle it and was wondering whether to speak to our case worker first in advance?

I've just checked. It's not a section 41 school, which probably makes it much harder doesn't it?!

Section 41 independent schools aren’t wholly independent and for EHCP purposes are treated like state special schools. Whereas the rules are different for wholly independent schools, you need an offer of a place and to prove the LA’s proposed school(s) can’t meet DS’s needs &/or it isn’t unreasonable public expenditure.

You can make it known you will be pursuing a change of placement. Have you spoken to the independent school?

So, yes. It would be much harder to justify a transfer then wouldn't it? Which is why you mentioned the tribunal? Awaiting to confirm a visit. They have said formal applications for a place need to be made via the LA.

Yes, it is often harder to get a wholly independent SS named. Although even if it wasn’t the LA may still force you to Tribunal, because they often do, unfortunately. Formal consultation is via the LA but you can usually get a feeling as to whether a place would be offered.

OK. Great. Thanks for your help!

Just one more thought. Is it typical to offer the difference in costs that an LA might be expected to make for a place at an independent school? Thanks.

Sorry, wrong thread.

No, don’t do that. The independent school can be fully funded. If you start making offers to pay towards it the LA may say that in their opinion the current placement meets needs, refuse to amend the EHCP and say if you make suitable alternative arrangements by attending the independent SS you relieve them of their duty.

Yeah, thanks. No I appreciate that. I just meant further down the line if it got to the tribunal stage, or the only thing blocking it was financial. Appreciate your replied.

Personally I still wouldn’t, I would focus on why the LA’s proposed school can’t meet needs.