Sorry, long and complicated but would appreciate views as so stressed about this!
Appeal lodged for EHCP contents and named provision in Feb 2022. Our preferred residential provision (due to distance) at first said they would be suitable for DS when we approached them, we visited, all very positive then said they weren’t suitable in response to LA consultation and LA are citing ineffective use of resources due to cost.
DS has ASD, SEMH issues with mild learning disability and this is a specialist ASD SEMH college.
They are arguing that he is a risk due to previous (minor) self harming in last placement that broke down almost 2 years ago and which has never reoccurred and his educational levels are too low, wouldn’t have a peer group as students are much higher level than him.
He didn’t get an EHCP until age 15 (was unsupported in mainstream until then), LA refused to assess twice before that due to school not showing what support he was getting, ASD not diagnosed until age 17 as we were told he didn’t have it when he was originally assessed at age 11 but was diagnosed with ‘severe learning difficulties’ then and has had multiple placements breakdown since we removed from mainstream at age 16 due to mental health which is why he needs SEMH provision.
Hearing was scheduled for June 2022. A week prior to hearing date, appeal was postponed to December 2022 citing capacity.
I complained as DS had no provision from June 2021 so should have been prioritised and he’d miss starting a placement in September.
Hearing then brought forward to October 2022.
A week before that hearing evidence was submitted that the residential provision we wanted was full as of the September (surprise, surprise).
When the original hearing was scheduled in the June, there were places available. Judge basically just said if they’re full, they’re full and said it couldn’t be named for following September which is what we asked for instead. So DS lost a potential placement due to hearing being postponed in error. I asked for an adjournment and put in a complaint but not their fault apparently!
Next hearing took place in January 2023. LA’s named provision had since said they couldn’t meet his needs. I fought on our preferred residential provision as reasons they gave for being unsuitable were spurious and we had lots of evidence to contrary. Residential provision said they had places for September this year. Judge said he could name a provision for September at that hearing. DS had since started with an outreach provision which Judge made clear would not be considered long term and he had to go to a ‘bricks and mortar’ college in September.
Judge said we had to find other potential provisions without questioning our residential provision at all about why they were saying they couldn’t meet DSs needs! Hearing adjourned again until the end of March this year with further evidence to be submitted naming other provisions.
We asked for decision to be made on paper evidence due to timing as worried preferred provision would be getting full again for this September.
Both LA and I approached numerous other provisions, all said not suitable. I had already researched over 20 provisions and none had the support our preferred college had which why I wanted them named.
LA have now said they want the outreach provision named for September despite Judge saying it wouldn’t be!
Last Order said we had to have another hearing for May/June and to offer dates. LA offered one date in May and 2 at the end of June. I said I was not available in June due to very valid reason. May date was sent to Judge 3 weeks before. Judge said he was not available 4 days before date (!) so hearing had to take place in June and if I’m not available hearing would take place in July.
LA have offered dates in very last week of July.
I have argued that due to risk of no places at preferred residential provision for September, hearing should be a priority. If hearing takes place end of July, with a decision not being made until mid August, there will no transition in place etc.
The LA have no other provision except outreach. I was forced to agree to assessments with provisions that I’d already contacted (and said they weren’t suitable) who then told the LA that they weren’t suitable! LA even threatened to ask the Judge to order DS undertake these assessments despite his poor mental health.
I don’t understand why a decision was not reached after the January hearing. The LAs provision has said they were unsuitable, the Judge said the outreach provision would not be named so a decision should have been reached on our preferred residential provision.
It will now have been dragged out for a further 6 months! There is a big risk residential provision will already have allocated places for September in July/August obviously. Can I take any action if this is the case?
I have been told by an well regarded advice line that the Tribunal is deliberately being dragged out so DS does not get a place and I give up.
He is 21 and if he doesn’t get into a college this September, he’ll be 22 and a half next September. EHCP runs out at 25 and residential provision is 4 year programme.
Has anyone else experienced this? What the hell is going on?