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

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 · 15/12/2023 13:01

As I said, section 19 must be suitable, so the provision can be bespoke, it doesn’t have to be at a formal AP setting. It is not about being right Hmm. It is about knowing the law and what section 19 provision is rather than believing LAs and schools who tell parents what they want parents to know and their version of the law.

I imagine there are also APs you are unaware of because they are often known via word of mouth between experienced parents of DC with EOTAS. Someone who didn’t even known s19 provision existed a few days ago wouldn’t know of all the possibilities.

Elfoutthewindow · 15/12/2023 14:15

I don't need to know all the possibilities. I know my DS' needs, so all those possibilities are irrelevant. He needs to be in school. Not eotas. Not home ed. Not working with the local sports team. School. I know his needs. He just can't manage mainstream.

OP posts:
BlueBrick · 15/12/2023 14:24

Well they aren’t irrelevant if DS can’t attend school which is what s19 provision is for.

If a SS is required someone should have bothered to request an EHCNA before they did. Because it could well be a wait since there is no guarantee the LA will issue let along name a SS.

BlueBrick · 15/12/2023 14:25

And some AP is essentially the same provision that is delivered in a SS is anyway.

Elfoutthewindow · 15/12/2023 14:48

But not in a school. It's the setting. The only way to be getting an education in a school is by being in a school.

OP posts:
BlueBrick · 15/12/2023 15:04

Some APs are registered schools. For example AP free schools. Some AP free schools deliver exactly the same education as a free special school.

Elfoutthewindow · 15/12/2023 15:26

And we're back in circles. NOT HERE. Not for my child's age, needs etc.

OP posts:
BlueBrick · 15/12/2023 15:29

We are going round in circles. You did not say “here”.

Elfoutthewindow · 15/12/2023 15:39

Are you like this with everyone? Omg.

OP posts:
BlueBrick · 15/12/2023 15:40

Only those who clearly don’t understand what s19 provision is or can consist of.

Elfoutthewindow · 15/12/2023 16:47

Wow

OP posts:
SquirrelHash · 16/12/2023 21:19

@Elfoutthewindow, you have been taken aback by @BlueBrick 's nerf-gun style approach of advice, where legal facts which are worth their weight in gold are fired at you even though they tell you things you don't want to hear.

But what they don't know about SEND education and provision is not worth knowing. Everything they have said here is correct, particularly the bits about how schools and LAs will gaslight you through either tactics or sometimes just ignorance.

I work in a special school and it all rings very very true.

Good luck in your quest - if your EHCP isn't finalised yet you'd be lucky to get a place for September and you will probably have to take it to tribunal. Your school likely knows NOTHING about what's been discussed at panel in these past couple of weeks, they are just giving their opinion that your hold should be in specialist.

I wish you all the best.

Elfoutthewindow · 16/12/2023 23:04

Thank you. I do doubt that will be the course for us. I have complete confidence in the school, actually.

I'll be sure to update.

OP posts:
BlueBrick · 17/12/2023 09:17

@SquirrelHash it really is gaslighting, isn’t it?

You can doubt all you like, but neither you nor the school can be certain, especially since the LA hasn’t even agreed to issue yet. No-one has said you definitely won’t x you may get an EHCP, naming a SS you want, but no-one can be certain of that until a finalised EHCP naming the parental preference is issued. LAs are unpredictable and act unlawfully all the time, forcing parents to appeal. It is why 98% of SENDIST appeals are upheld.

It would be foolish for anyone to have complete confidence in a MS who was willing to unlawfully informally exclude.

Elfoutthewindow · 17/12/2023 10:34

I'm not here to be insulted. I'm sure you think you "help" people. But please leave me alone. I don't want your "help". "Help" delivered like this is not help. You've been rude, patronising, and insulting.

As I said, I'll update when my child has their ehcp, and is in special school.

I trust the school far more than I trust someone who comes online to belittle parents.

OP posts:
BlueBrick · 17/12/2023 10:39

I have only responded how I have in response to your rudeness.

SquirrelHash · 17/12/2023 14:00

I would reiterate what Bluebrick has said in that really all your mainstream school can say is that they have confidence your child is a good candidate for a special school. I'm glad you have found them trustworthy.

The local authority is not yet in a position to even consult with schools until they have agreed to issue, which will hopefully happen soon for you. At this stage in the year, unless you live in an area with a load of provision, (where is that magical place?,) the special schools will be starting to finalise their cohorts from around mid January and places will be pretty concrete from mid Feb. There will be space for a few negotiations between school and LA ("we will take x child based on band 5 funding etc) and room for a couple of tribunals, as space itself isn't a reason, though in practice...ugh I better not even go into it but it tends to shut things down for all but the most unusual of circumstances like a looked after child or services relocation etc).

I hope you get your place but if you expect the LA will:

  1. Blindsight you by suddenly refusing to issue or
  2. Blindsight you by suddenly naming a mainstream you have never heard of or don't like, forcing you to tribunal, whilst your child is meanwhile out of education (which is why you need to read up on Section 19 provision if you work, or prepare for your child to "fail" at mainstream which is what they want them to do in order to justify a place at special).

...if you expect either or both of those things to happen, you can be prepared, and it's a bonus if it doesn't.

I've seen it so much. I've been working in this area for years and I must take 15-20 phone calls a week from parents who want their child to attend our school who have been gaslit and they have no idea of their rights.

Go on the Facebook group,SEND reform UK or Birkett Long solicitors EHCP and send law advice group and you will see what I mean.

I don't want to ruin your Sunday, but I do want to manage your expectations because you might need a bit of fight and knowledge is power.

I hope you are one of the lucky ones but the timing of all this is not on your side.

Genuinely, best of luck 🙏

Elfoutthewindow · 17/12/2023 14:11

I will not be blindsighted. Nor blindsided.

I know my child's needs, I know the provision, and I know what's going on here. I also have a school I can trust.

You're all very confident to tell me what's going to happen in a situation you know very little about.

As I said- I will update for anyone else who reads this thread. When my child is in special school.

OP posts:
BlueBrick · 17/12/2023 14:42

You're all very confident to tell me what's going to happen in a situation you know very little about.

No-one has said what will definitely happen. What we have done is tell you what can happen and that the school and you cannot be certain what the LA will do. That is not the same as telling you what will definitely happen. All LAs act unlawfully sometimes. All LAs are unpredictable. All LAs force some parents to appeal. All LAs have some DC in MS where the MS and parents rightly believe DC need SS. Knowledge is power and parents who know the law and the tactics LAs often use rather than believing everything LAs and schools (especially ones willing to act unlawfully themselves) say get better support for their DC.

or services relocation etc)

As an aside @SquirrelHash, this is a particular problem. I supported a family to get an indie SS named via appeal, 3 months later they were moved across the country and I supported them to get a NMSS (again via appeal) then less than 18 months later they were moved to Scotland. It was horrendous for them.

SquirrelHash · 17/12/2023 14:59

It is brutal BlueBrick. Once they are in they would want to just stay put.

Let's hope everything works out for the OP without too much hassle.

AnneValentine · 17/12/2023 15:55

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.

Given how over subscribed special schools are that was a mistake. There are thousands of kids without school places.

But to answer your question - no. He cannot start until plan is finalised and school named.

SquirrelHash · 17/12/2023 22:03

They had an absolute brass neck telling her that.

Elfoutthewindow · 05/12/2024 11:46

My child got their EHCP within 20 weeks of request, had bespoke 2-1 provision in their school, until starting special school in September. School and considered alternative provisions, but there genuinely wasn't anything suitable outside school.

It's been rocky at times, and you're right that local authorities lie, and cannot be trusted. I, and the school, were at times naïve dealing with them. But I didn't find the approach here helpful, and quite critical at a stressful time, which I didn't need. I don't regret trusting and working with school the way I did, and hopefully my child will now thrive.

OP posts:
Bluevelvetsofa · 07/12/2024 09:49

I’m glad that your child is now getting the education he needs.

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