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SEN

Here you'll find advice from parents and teachers on special needs education.

EHCP - no school place

3 replies

Tassik · 17/10/2023 16:21

My daughter has a variety of diagnoses, including ASD, ADHD and has significant developmental delay. Her primary school was late in applying for an EHCP, but eventually did so in year 6. This was completed in February, naming a mainstream school. During consultation we expressed a parental preference for a nearby specialist school, but the LA refused to name it as they did not respond within 15 days. They eventually replied saying they could meet needs, but the LA stated that the named school could not be changed. The SENCo at the primary school agreed that the named school was inappropriate for her. We therefore appealed to the tribunal.
However, while waiting for the appeal we were unexpectedly moved by work (both parents have the same employer and work together) to a new LA about 100 miles away. We moved at the beginning of term. The new LA received her EHCP from the old LA promptly but have shown no urgency and have not, as yet, named a school. They have sent out consultations, but both mainstream and specialist schools have said that they are unable to meet her needs. She has therefore now missed her first half-term of secondary education and is not receiving the interventions in part F of her EHCP. She is becoming very stressed about the situation, and is playing repetitive games about taking her dolls to school.
I wonder if there is any advice, please.

OP posts:
YellowRosesWithRedTips · 17/10/2023 17:16

If attending the old school isn’t possible the new LA must arrange for DC to attend another setting until the EHCP is amended (reg 15 SEN Regs 2014). If there isn’t anything suitable this could be EOTAS instead.

Also, the new LA must ensure section F is provided (s42 CAFA 2014) and a suitable, full time education is provided (s19 Education Act 1996).

Email the Director of Children’s Services reminding them of their statutory duties. If that doesn’t work email again stating if they do not comply you will be forced to pursue JR proceedings. Then if that fail contact SOSSEN for help with a pre-action letter.

Tassik · 21/10/2023 11:57

Thanks for your advice. Heard from her Case Worker yesterday. More schools have said they can't meet her needs. She is thinking if EOTAS, but says this will take a while to organise as the council must go through their processes, in the meantime she still has no educational provision and is not receiving the interventions in her EHCP. I did point the law out to her, but she still insisted the processes took a long time and needed to be followed. I replied that the LA'S processes must comply with the law. The email to the Director of Children's Services is going out this weekend.

OP posts:
YellowRosesWithRedTips · 21/10/2023 15:24

A comprehensive EOTAS package does take time to organise, but that doesn’t relieve the LA of their duty to provide a suitable, full-time education and anything detailed, specified and quantified in F as an interim measure in the meantime.

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