Turned down for alternative provision.

[User638393]

It's now going to panel, but where do I go from here if the decision is upheld? How far can I challenge?
I was starting to feel positive and like we were finally getting somewhere. I'm devastated.

If you want advice you are going to have to post more information. Were you hoping for AP as part of an EHCP? Because DC isn’t in school full time? Via the school? How old is DC?

Depends on what the criteria for AP is where you are. In my county it is used for those children at risk of, or after exclusion for children who are too violent for mainstream but not " special" enough for specialist provision and is a " stepping stone" back into a mainstream school. So if a child is turned down for AP we need to look at what support is already in place, what a reintegration plan would look like etc.
so it's difficult to advise without more information.

It would also help to know whether you mean alternative provision in the form of e.g. an AP academy or AP free school or whether you mean an AP like a care farm or at an outwards bounds type place or whether you mean other alternative provision.

Sorry, posted in a rush. DD is 12, has an ehcp, cannot cope in mainstream and her current school has agreed she would be better suited to specialist education.

She spent all of last year either on a reduced timetable, in iso, in the calm room, or at home - refusing to go in. She has missed practically all of her first year at secondary.

School has provided supporting information to go to panel but I'm not getting my hopes up. I'm absolutely gutted for her. She just cannot cope. They've tried everything at their disposal. She has a 1 to 1 but will not work with her. I don't know what else we can possibly try.

She was excluded 7 times last year

So, there’s 2 different issues here.

1. The EHCP. Do you currently have the right of appeal? If so, appeal. Don’t bother with mediation, just get the certificate and submit to SENDIST. LASs use mediation as a delaying tactic. If you don’t currently have the right of appeal when was the last AR and have you had an early review? Do you want a SS or EOTAS?
2. Provision under s.19 of the Education Act 1996. If DD is unable to attend school full time the LA has a duty to ensure DD receives a suitable, full time education. This should begin as soon as it becomes clear DD will miss 15 days. The days don’t need to have already been missed or consecutive. Email the Director of Children’s Services requesting provision. If they refuse email again reminding them of their duty under s.19 of the Education Act 1996 and threatening judicial review. Then, if that fails contact SOSSEN for help with a pre-action letter.

Were all the exclusions formal exclusions? Or were of them informal, unlawful exclusions?

We had an early review after easter. Ehcp was updated and I was happy with the contents. We are asking for a specialist school for children with autism. The exclusions have been formal.

Thank you for your advice

Have you had a finalised EHCP following the early review? If so, are you still within the appeal window?

So you don’t want an alternative provision, you want a specialist school named in section I? Or is the specialist school an e.g. AP academy or AP free school?

I'm still in the appeal window, I think? The echp was finalised 5 weeks ago.

Yes, that's right. I don't always know the correct terms and get mixed up so apologies for the confusion but we have named a specialist school in section I, so she's not been turned down for AP, but turned down for special school

Yes, you can, and should, appeal. Make SENDIST aware DD isn’t in full time education and request an expedited hearing.

If a special school is named in section I then you have a special school. Or do you mean parental preference is a special school but the LA have not named it in section I?