3 year old with ECHP - opened for 34 weeks now!

[Chlule]

Hi all,

Looking for some advice some guidance.

I have a 3 year old, not diagnosed with anything but shows lots of autistic traits. In non verbal with a 3 word vocabulary. Loving child, but he's an active (very active) child.

We have an echp which was submitted 34 weeks ago and has still not been closed. Our preference is to send him to a school with a unit vs SEN school (local SEN school is ok kids looked happy enough, but the social and the environment is something we're happy with we were very unimpressed with their ethos and rhe lack of time they spent on explaining teaching approach.)

School with unit have initially expressed concern about matching the child's needs, but nothing final. If they don't beleive they can match his needs based on a report written 6 months ago, what is our best course of action appeal or look for any SEN school placement?

Tha ks

Just to add he's come on a good amount over the past 6 months. Solve puzzles using both hands at the same time, mouthing (simulating) words repeating them back, stopped hitting and biting, progressed to level 5 pecs. He's got the ability to learn, but he's not operating on the level of a 3 year old.

We have an echp which was submitted 34 weeks ago and has still not been closed.

What do you mean by this? Do you mean 34 weeks ago an EHCNA was requested but you don’t yet have a finalised EHCP? If so, you need to email the Director of Children’s Services threatening Judicial review. Will DS start reception in September 2023 or 2024?

Unless the school is 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.
If the LA can’t prove one of these they can and must name the school even if the school object.

If the LA does not name your preferred school you should appeal.

Thanks for that.

The EHC was submitted in September 2022 They've had the all the inputs from required people but have named a school. All contributions where done by feb2023 (20 weeks) but no school has been named were now week 34.

He starts school on September 2023.

Our local SEN team are awful, our case worker doesn't reply to emails or answer calls. Been a horrendous process to be honest.

Do you have a finalised EHCP?

If not email the Director of Children’s Services threatening judicial review unless they finalise ASAP as they are in breach of the statutory timescales and frustrating your right of appeal. If that doesn’t work contact SOSSEN for help with a pre-action letter. Have you had a draft yet?

If you do have a finalised EHCP but it doesn’t name a school you should appeal ASAP if you are still within the appeal window.

Have you spoken to the SENCO at mainstream school DS was allocated via the normal admissions procedure?

We have a plan but no named school in section I

There is not senco at the school he was allocated during nornal admissions process. We spoke to the headmaster who said their not equipped.

If you have a finalised EHCP you should appeal ASAP. Are you still within the appeal timescale? If so, just appeal. You should appeal B&F as well as I. Don’t bother with mediation just get the certificate and submit to SENDIST.

In the meantime remind the LA by emailing the Director of Children’s Services they still have a statutory duty to provide any provision detailed, specified and quantified in F.

Even if the school don’t have a SENCO in post there will be someone responsible for their caseload. However, as you have a finalised EHCP it isn’t relevant.