No school can meet need - what now? Please help.

[Vinvertebrate]

I am hoping one of the very knowledgeable posters on here can help, please.

My DS has ASC with PDA, ADHD and SPD amongst other things. High IQ but likely dyspraxic so behind in writing/lessons. He’s in Y2 of a mainstream primary with a 1:1. His current school now says it can’t meet his needs. He has had ECHP for 4 years.

I asked the LA for a place at an independent special school for autistic children and the school responded to the LA saying they could not meet his needs “because of the vulnerability of the cohort” (whatever that means). I reluctantly agreed to check availability at all the LA special schools in the area as well, even though they are generally schools for children with LD’s or emotional difficulties rather than autism. All have so far said they can’t meet need, except one for disturbed children with MH difficulties and no expertise in autism. They don’t teach the full curriculum - rather, a basic version - according to their website.

Whst happens if no school in the area can meet his needs? Can I leave him in the current mainstream (even though they don’t want him)? Can I refuse the school that is unsuitable?

I can understand the process where the schools are full, but all the schools are basically saying they are unable to cater for him? I am losing sleep over this. Home school is not an option because I need to work FT and have other caring responsibilities. (And I would be terrible at it!)

Any help, guidance or pointers would be really appreciated.

(It doesn’t help that the EHCP is out of date and my requests for reassessment are being ignored by the LA - that’s a whole other thread!)

Thanks in advance.

They absolutely cannot say they can't meet need without an interim review of the ehcp. If his needs have not been updated, how can they know they can't meet them.

I would contact IPSEA or your LA sendiass for advice.

Other than wholly independent schools, the LA must name your preferred school 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.
The bar to prove one of these is higher than many LAs admit and schools can be named against their will. You can appeal if the LA doesn't name the school you want.

Is the independent school wholly independent or a section 41 independent? If the latter, the above applies. You don’t need an offer of a place. What do you think about the LA special schools? You don’t need the schools to offer a place. What do you think about the current MS? If you want DS to remain in the current MS, push for that. In what way do they think they can’t meet needs? Have you looked at all schools within travelling distance (for primary, 45 mins is generally considered the maximum reasonable travel time but many travel further)?

If it is inappropriate for the provision to be made in a school setting, there is EOTAS. Have you considered this?

An AR must be held yearly. If this hasn’t happened, email the Director of Children’s Services. If that doesn’t work. email again threatening JR. Same if you have formally requested a reassessment of needs, but the LA has not responded.

Be careful with SENDIASS, some are good but many repeat the LA’s unlawful policies.

Thanks for the replies. There is one LA school that I would accept, and which has said it cannot meet need. It is also apparently full.

The MS is a very good school, but really does not want any SEN kids there. Although staying in MS would ensure DS has access to the full curriculum, at the moment he is on a reduced timetable because of his “disregulation”. I know that is unlawful and I have pointed this out to both the school and the LA’s (effing useless) “inclusion officer”.

It’s taken a year for the interim review, following which I asked for reassessment (and received no answer) because I was unhappy with the out of date reports in the EHCP. Even those were all self-funded. I can seriously see us having these circular meetings until DS turns 18 and I have no idea how to put a rocket up the LA. I tried emailing the DCS and got a shitty reply from her secretary directing me to the SEND resolution team.

I am tempted to get a solicitor involved. They are being strategically incompetent. The cost is prohibitive though.

You don’t need a solicitor at this stage.

Being full is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar is far higher than many LAs and schools admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”. Unless the school is wholly independent, the LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the reasons in my pp. In what way can’t they meet needs? Does it meet the high threshold to be a lawful reason to refuse to name your preference? Do you agree? You will be able to appeal.

When was the review? If the LA is in breach of the statutory timescales, you can enforce them. Email the Director of Children’s Services (yes, even if the previous reply was shitty) threatening JR. Then, if that doesn’t work, contact SOSSEN for help with a pre-action letter. Rather than a reassessment of needs, when you have the right of appeal following the review, you could then appeal. Seeking independent reports if necessary. If you can’t afford them but aren’t eligible for legal aid, Parents in Need can sometimes help. However, if you do want a reassessment of needs, you should enforce a reply from the LA and then appeal if they refuse to undertake a reassessment of needs.

For future reference, AR must be held annually, so unless you requested an early review immediately following the AR, you should not have needed to wait a year for an early review.

If you want DS to attend school full time, he is entitled to do so unless the school formally exclude/suspend. Inform the school you will not be collecting early unless formally suspended. Alternatively, if DS can’t attend full-time the LA must ensure he receives a suitable, full-time education under s19 of the Education Act 1996 and anything detailed, specified and quantified in F under s42 CAFA 2014. Email the DCS requesting provision. If that doesn’t work, email again threatening JR. Then contact SOSSEN if that fails.

Read IPSEA and SOSSEN’s website to learn more about EHCPs.