LA won't name any school

[AngelinaJolie21]

Hello - so my son has an EHCP. We moved six months ago, and the new LA started the consultation process to find a school for him. He's got quite particular needs and after many, many consultations with both state and private schools, only one setting offered a place - an expensive private special school. So, LA told me as this was the only option they'd look at naming it and sent off to funding panel, explaining it might take a day or two. Since then we've heard nothing - that was about a month ago. My son's still moping about the house, I'm under house arrest and every time I ask for an update they don't reply. Does anyone know what I can do? It's well beyond the 20 week deadline. I've submitted a formal complaint and that's going through. They send these tutors through and it just never works cos they rarely know how to manage SEN kids and all in all I'm tearing my hair out. They just seem to be refusing to name a school. It's as if the LA's just do whatever they feel like...Anyone had similar? Can anyone offer advice/encouragment?

Did DS have an EHCP prior to moving? If so, the 20 week deadline is irrelevant because that is for the EHCNA process.
Do you have a finalised EHCP with section I blank? Do have the right of appeal or not?

In the meantime, the LA must provide everything detailed, specified and quantified in F. If he is CSA they must also provide a suitable, full-time education.

Hi, yes we had a finalised EHCP with section I blank. As far as I can see Section F is just all the stuff he needs in school, ie support etc in the classroom. He’s literally just sitting at home at the moment with crappy tutors with no SEN experience turning up and making him more stressed and anxious…we have an appeal on the go, but the court didn’t change the address due to some technical hitch so we’re two months behind on that. And the LA tell me nothing - they just tell me “we will update you” and then ignore me for weeks at a time. I’m so angry and frustrated…

Have you requested an expedited hearing?

Email the Director of Children’s Services (IPSEA has a model letter you can use) requesting provision under s.19 of the Education Act 1996 and s.42 CAFA 2014. The LA must provide a suitable, full-time education and anything detailed, specified and quantified in F. What you are receiving is not that. It is not full-time and not suitable. If that doesn’t work, email again threatening judicial review. Then, if that fails contact SOSSEN for help with a pre-action letter.

Thanks so much for this. It’s really helpful. I have not asked for an expedited hearing no, I’ve never even heard of it? Do I call the court and ask for that?
Also, can a Judicial Review run alongside my appeal? Ie. I send a letter threatening JR cos they are not providing suitable education and i can still go ahead with my appeal re the very wishy-washy section f?

You can request an expedited hearing via a SEND7 on the basis DS isn’t attending school. First you would need to seek the LA’s views about expediting it (but still make the request via a SEND7 even if the LA object because it doesn’t mean SENDIST will agree with the LA). Are you appealing B and I (and maybe social care and health care needs and provision too) as well as F? JR to enforce s.19 provision and the current EHCP can run alongside an appeal.

Thanks! Really helpful. Yes we’re appealing the whole thing. Although the main thing I care about is getting him in a decent special school where he can start to thrive… thanks for the advice. I’m getting a letter before action sent off and then going to do an expedited hearing…my god why is this so stressful for already stressed families…