When to accept a school placement has broken down?

[HellHathNoFuryLikeASENMom]

We are currently locked in a battle with our education authority over whether DC needs an EHC plan. We have a hearing in December for declining to issue; they argue current school is a suitable place for DC.

DC has not transitioned well to high school; they have been off for 1 or 2 days each week before attendance stopped altogether in week 4 (we are now in week 6 of term)

We are paying for tutoring for DC.

When do we get to the point of recognition that the placement is not working and has broken down?

I’m worried that we will get to tribunal and the current useless school will just be ordered to “do more” , no EHC plan will be issued and we will be in the same position or worse.

Does anyone have any experience of winning this type of tribunal? I want to give up on current school but I’m not sure what is best.

The vast majority of appeals are upheld.

Don’t deregister. If DC can’t attend school full time the LA has a statutory duty under s19 of the Education Act 1996 to ensure DC receive a suitable, full time education. This could be home tuition. It should begin as soon as it becomes clear 15 days will be missed. The days don’t need to have already been missed or consecutive. Email the Director of Children’s Services requesting provision. But if you EHE the LA will say you are making suitable alternative arrangements thereby relieving them of their duty. If you EHE it is often harder to get support because it is easier for others to sweep DC’s needs under the carpet.

Even if the current school is suitable it is clear DC needs support beyond that a school can provide at a SEN support level. You will more than likely win the appeal then you can revisit what type of setting DC needs.

@YellowRosesWithRedTips DH has suggested we home educate (I don’t know how he thinks that will work as we both have full time roles!); I take on board what you say and it doesn’t sound like a good idea to take him off roll.

DC has already missed 15 days; I’ve just had a quick google of the provision you mentioned and he definitely should meet the criteria. I’ll get on to that right away.

I really needed to hear today that we have a good chance <cries> thank you. I’m so beaten down by everything.