Post 18 residential provision

[Lesley25]

My son has SLD and severe autism and is 15.

we have always known he would go into a supprted residential provision at 19, where he would continue college and reside.

I have been looking at many provisions over the last 12 months and I’ve found one I think my son would thrive in. It’s an hours drive from me and not in my LA. I was told I wouldn’t be restricted to my LA due to my sons complexities but that was just verbal.

I am not sure whether to let my social worker know, or make it known to the LA now (my sons just turned 15 years old), that this is the provision I would like for my son at 18/19.
They will come up with alternatives to this I’m sure, and I would look at any they suggest but chances are , I’ve already looked at them and discounted them . I have my list of why they’re unsuitable.

Anyone with any experience of finding the right provision and then starting the process to get their child in?

The LA’s focus is likely to be on the post 16 transition first. There will be a phase transfer review for that either this term or the autumn term next year depending on whether DS is 15 in Y11 or Y10.

By all means mention post 18, but that placement won’t be able to be finalised any time soon. If DS moves placement then, the EHCP has to be finalised 5 months before the transition from one post 16 placement to another. Get your ducks in a row with collating evidence etc., but don’t show your hand about why other placements aren’t suitable too soon. LAs are devious and underhand. I have known LAs to alter their maintained provision to, on paper, fit the pupil’s needs when in reality it can’t, and/or look at reassessment with the aim of making evidence fit certain placements. Is the placement wholly independent?

Thank you - I remember you mentioned the underhand tactics do LAs beforehand which is why I’m reluctant to show my hand.

My son is in a provision till 19 so wouldn’t move till then, so there won’t be any transition post 16.

This provision is not independent , but it is in a different LA to us.

Apologies, now I’m not sure how I actually find out if this provision is independent , I assumed no, as they mentioned funding would be 3 pronged, health, social and education. But now I’m wondering.

Even if you plan for DS to remain at the current provision until 19, Y11 is still a phase transfer year and a phase transfer review must be held and the EHCP amended by 31st March 2024/2025 (depending on whether currently Y11 or Y10).

Independent placements can still be jointly funded. You can search the college here. If it says specialist you can check whether it is a s41 independent or not by checking this list (it does say whether it is s41 approved on the first link but it isn’t always 100% up to date).

Thank @YellowRosesWithRedTips it is s41 approved but I don’t know anything about how that will impact us if I asked for it for my son, so I’ll do some more researching.

I didn’t realise that a phase transfer has to go through regardless. I’m due my annual review in October so it would be useful to see how this changes anything about his current provision, I assumed he would stay till 19, but then again, the current provision could say they cannot meet need I guess- unlikely though.

I think it makes sense to say nothing about what I’ve gathered so far about provisions post 18, and keep looking and gathering evidence as you suggest. Thank you x

That means you don’t need an offer of a place. For placements at settings which aren’t 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.

Whereas, if it was wholly independent you could still ask for it but would need an offer from the setting and to prove the LA’s proposed placement(s) can’t meet DS’s needs &/or it isn’t unreasonable public expenditure. And, they can’t be named against their will.

There is case law where an LA tried to argue they didn’t need amend upon phase transfer to secondary where the school was 5-16. Needless to say the LA lost. The same would apply to post 16 phase transfers.

Thanks @YellowRosesWithRedTips I didn’t realise that. So, In summary I could ask for this as a residential college placement when my son is 19 and providing it didn’t conflict with your bullet points above, I could have this placement.

I have heard LAs are placing young adults in shared houses and then they would or could attend day care centres or college but I don’t want this option for my son, primarily because this is an on-site residential college with the ability to stay here as an adult after that time and the transition from home to here would be once.

Legally, yes. Unless the LA can prove one of the points above they must name your preference (wholly independent schools excepted). However, LAs often refuse and force parents to appeal.

I thought as much @YellowRosesWithRedTips
thank you