Next Step(s)

[TheWittyGoose]

Hello all, so my daughter is at a mainstream school and goes in for 1 hour per day. She has a tutor that sees her daily for 2 hours, but that is not going well - she gets distracted or refuses to engage during the sessions. I am consulting with special schools at the moment. One school said too full and another said my daughter is too able. I am awaiting to hear back from the others with deadline at the end of this week. My daughter has not been in full time education since the start of the school year. She has not learnt much and I think is working around two years below the age expected level of her year group. It will only get worst the longer she is in this current situation. Her EHCP hasn't been finalised yet and I am not sure what the next step should be if the other school come back with no space etc. Can someone advice please?

Is the LA sticking to the EHCP timescales?

Unless your preferred school is wholly independent (is it?) 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.

Being full is not defined in law, and on its own 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 DD is incompatible. The bar is higher than many LAs and schools admit. 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 exceptions. However, the LA may refuse and force you to appeal.

Have you looked at all SS within travelling distance, including independent and out of area schools?

If it is inappropriate for DD to attend a school there is EOTAS.

In the meantime, if DD can’t attend school the LA must ensure she receives a suitable, full-time education. If the tutor isn’t working the LA needs to provide something else. It is far more likely DD can’t engage than won’t.

Is the LA sticking to the EHCP timescales?
No they have not. It's been over 3 months now.

Unless your preferred school is wholly independent (is it?) They are all SS mostly out of area.

The word full was used but no enough information to justify why the school was full.

We are looking into other EOTAS at the moment but demands on these provisions are high and most places are full.

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 exceptions. However, the LA may refuse and force you to appeal.

What does this mean? I have been getting different advice about appealing. That is, to get the LA to finalise the plan so that I can appeal. Are you saying that I should name my preference school before/ during finalising the plan?

No they have not. It's been over 3 months now.

Has the LA agreed to assess? If so, has any information and advice been sought yet? If the LA is not sticking to the statutory timescales email the Director of Children’s Services using one of the model letters IPSEA has on their website. If this doesn’t work, email again threatening judicial review. Then, if that fails contact SOSSEN for help with a pre-action letter.

They are all SS mostly out of area.

But are they wholly independent?

The word full was used but no enough information to justify why the school was full.

The LA needs to prove incompatibility. Saying ‘full’ is not enough on its own.

We are looking into other EOTAS at the moment but demands on these provisions are high and most places are full.

EOTAS doesn’t have to be via provisions that are full. Each package is bespoke and EOTAS isn’t full like schools are.

What does this mean? I have been getting different advice about appealing. That is, to get the LA to finalise the plan so that I can appeal. Are you saying that I should name my preference school before/ during finalising the plan?

When you get the draft EHCP you get the opportunity to comment on the draft and state your preferred school. If the LA doesn’t name your preferred school when they finalise you can and should appeal. Don’t get into a back and forth that delays finalising, but, yes, you should make your representations in response to the draft.

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 exceptions. However, the LA may refuse and force you to appeal.

This means exactly that. Most schools are not wholly independent and if they aren’t the LA must name your preferred placement unless the LA can prove one of the exceptions listed in my previous post. This applies even if the school objects to being named. However, LAs often act unlawfully, refuse to name parental preference anyway and force parents to appeal.

Hi @Headfirstintothewild thanks for responding. The schools on my list are not wholly independent. I will wait to hear back from those schools and take action based on the LA's response. Thanks for you help with this.

If the LA is already in breach of the statutory timescales you should email the Director of Children’s Services now. You don’t need to wait.