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

Original poster

EHCP special school

74 replies

Elfoutthewindow · 06/12/2023 19:50

Our EHCP application is underway, school are supportive, we have multiple reports etc, and the outcome is likely a special school placement.

Is it possible to get the move to special school agreed before the EHCP is finalised? Or do we just sit tight, while the current school, and my child, can't cope? (I cannot home school)

TIA

OP posts:
BlueBrick · 06/12/2023 20:22

You are highly unlikely to get a SS place without a finalised EHCP. Be aware many have to appeal to secure a SS place even when it is clear it is necessary.

In the meantime, if DC is compulsory school age and unable to attend school, the LA must ensure DC receives alternative provision so they receive a suitable full-time education.

Original poster
Elfoutthewindow · 07/12/2023 09:06

School have said he can continue to attend. He's not accessing education, though, really. He has 1-1.

School have said he will get a special place without a fight/appeal.

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BlueBrick · 07/12/2023 11:06

The school cannot state that with 100% certainty especially since the LA hasn’t even agreed to issue an EHCP yet (and maybe not even agreed to assess). LAs often refuse and force parents to appeal (where the majority of them are successful).

If attending school isn’t suitable (including because DS can’t cope) and DS is compulsory school age, the LA must ensure DS receives alternative provision so he receives a suitable full-time education.

Original poster
Elfoutthewindow · 07/12/2023 14:26

I work full time, so he has to be in school, for childcare.

The assessments are underway. I just didn't know if there was wriggle room to save a month or so in an unsuitable setting.

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BlueBrick · 07/12/2023 18:24

The LA retains responsibility for provision under s19 of the Education Act 1996. It is not EHE. It doesn’t even have to be at home. It can still happen when parents work full time.

The LA is unlikely to agree to an SS placement without a finalised EHCP. Even if they go on to agree to issue an EHCP, when they finalise they may not name a SS, they may force you to appeal.

Original poster
Elfoutthewindow · 07/12/2023 18:33

I don't understand- I can't keep him off school because I work. But you're saying a special school place can't be offered until the EHCP is finalised, but then you're saying the LA would have to find something else? I can't see how another setting would be in his best interests at all.

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BlueBrick · 07/12/2023 18:41

2 separate issues

  1. The LA is unlikely to give a special school place without an EHCP.
  2. Under s19 of the Education Act 1996, the LA has a duty to ensure CSA pupils who cannot attend school full time (including because DC can’t cope due to their SEN/MH) receive a suitable full-time education. This is separate to the EHCP process. It is not parents home educating. It does not matter you work full time, this provision can still be put in place and does not have to be at home.
I mentioned 2 because you said DS couldn’t cope at school.
Original poster
Elfoutthewindow · 07/12/2023 18:45

But 2. would not be in a special school?

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BlueBrick · 07/12/2023 18:46

No, that would be unlikely without an EHCP.

Original poster
Elfoutthewindow · 07/12/2023 18:48

So what would 2 be?

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Original poster
Elfoutthewindow · 07/12/2023 18:52

Looking at the LA website, they would provide that education in our home. I doubt they're offering childcare? I need school to be childcare, because I work. It just would be great if he could get an education, too.

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BlueBrick · 07/12/2023 18:52

s19 provision depends on where you live and DS’s needs. Some examples of what it can be are: an AP (e.g. a care farm, forest school, outwards bounds centre, a medical PRU, AP free school…), hospital school, a specific centre/unit the LA uses for that purpose, tuition at a library/church hall/children’s centre/home/online… There are numerous possibilities.

BlueBrick · 07/12/2023 18:53

It doesn’t have to be at home. Provision must be suitable. If home isn’t suitable then it doesn’t fulfil the LA’s duty. Parents are not responsible for the provision.

Original poster
Elfoutthewindow · 07/12/2023 18:55

Looking at the LA website, it would be someone coming to the house for an hour. There are no provisions here. Attendance at a special school with spaces may take an hour or more's travel. The only option is school, or home. And school say he needs special (I agree). He isn't getting educated, he isn't coping.

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BlueBrick · 07/12/2023 19:02

LA’s say a lot of things. Lots of it isn’t true.

The law states the LA has to provide a suitable full time education. 1 hour a day is not full time. The LGO has made that perfectly clear. If home tuition isn’t suitable then home tuition does not fulfil the LA’s duty of a suitable education.

There will be some APs within travelling distance. There will be a venue other than the home that can be used.

The only option is school, or home.

This really isn’t true. No matter where you live.

Unless they are wholly independent, special schools being full is not, on its own, a lawful reason to refuse to name your preference. But the LA may well force you to appeal the EHCP.

Original poster
Elfoutthewindow · 07/12/2023 19:14

The special school which is full refuses to show me round, so how do I know it's my preference? The one an hour and a bit away will show me round.

I can't think of a single suitable venue that would meet DS's needs, other than some schools, or home.

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Original poster
Elfoutthewindow · 07/12/2023 19:15

He couldn't be cared for all day by one person, unless they were me.

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BlueBrick · 07/12/2023 19:24

DS doesn’t have to be cared for all day by one person. Who has told you he does?

Many SS won’t show parents around until the LA state they are going to issue an EHCP. Even then some resists visits and parents make decisions based on speaking with the school, other families and paperwork. Or some will only allow visits once the LA has consulted.

If you are looking at s19 provision, what would make a church hall, library, room in a council building, youth centre, children’s centre, private rented office space, hospital school, APs (some of which look like some schools) unsuitable? If you post more about DS’s needs I will be able to give examples of provision I have supported others with. There will be other options.

Original poster
Elfoutthewindow · 07/12/2023 19:53

A church hall etc would not be suitable. He couldn't have one person, is what I'm saying, nor could he cope with multiple people outside the school setting.

You're answering questions in not asking. Thank you for your input that is unlikely to get a special school place before the EHCP is finalised. One of the schools I was looking at has "has an EHCP, or going to get an EHCP shortly" in their admissions, and I wanted others experiences as to whether that was an option.

DS is currently cared for/managed etc in his current school enough for me to work. That will have to do for now.

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BlueBrick · 07/12/2023 20:02

I am responding to your posts! I haven’t answered questions you have not asked.

I posted about s19 provision because you posted “Or do we just sit tight, while the current school, and my child, can't cope? (I cannot home school)” Then you asked what 2 (s19 provision) could look like so I answered. Fine if you don’t want s19 provision, but there are options if DS can’t attend school because he isn’t coping.

Original poster
Elfoutthewindow · 07/12/2023 20:43

Thank you. But there isn't going to be a suitable alternative to school for us. The question is which school. School and the LA have suggested I start looking at special schools now. They're all really far away, so there is no obvious nearest, easiest, choice. The two nearest are cross-county.

As we have no special schools in our area, I wondered whether I should prioritise speaking with the one that said about getting an ehcp shortly. Any special school will be a long distance. A third setting, or a PRU many miles away wouldn't be an option. Locally, there would be nowhere outside school or home that could meet his needs, and I can't see how they could possibly staff that.

I wanted to know anyone had got a move to special while the ehcp was being finalised.

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BlueBrick · 07/12/2023 20:57

I would prioritise finding which SS that is your preference for if/when they LA issue a draft EHCP. The recommended maximum travel time for primary is considered 45 mins, but many do travel further. If you haven’t looked at out of area and independent and non-maintained schools they might be nearer.

I can't see how they could possibly staff that.

Why? DC having s19 provision and EOTAS provision is not rare. They are staffed. They must, legally, be staffed. And it can be enforced. I won’t bother going further about s19 provision because it is clear you don’t want that, but I have supported thousands of parents across the country where their DC can’t attend school full time and not once have I come across a situation where it is impossible to find alternative provision. Even in situations where the LA has said it is. The whole point of it is that it is bespoke to the child’s needs. No, it might not be straightforward and yes it might be expensive and take forcing the LA to provide provision.

Original poster
Elfoutthewindow · 07/12/2023 21:19

Why? Because I know DS, and what he needs.

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BlueBrick · 07/12/2023 21:24

But DS’s needs don’t prevent provision being staffed.

Original poster
Elfoutthewindow · 07/12/2023 21:58

Needs and location do, actually.

Thank you for your input.

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