It’s all starting to get to me (EBSA and battling the LA)

[ASDforthree]

Gosh I don’t even know where to start, I’m a bit of a blubbering mess and having a pity party evening.

My son is 10, is in year 6 and is nearly at the year mark for EBSA. We tried a phased return in Feb/ March and it failed. He has been consistent in saying he finds his school too noisy, there’s too many people and he finds the work tricky.

His soon have been nothing short of difficult. When I applied for the EHCP they supported but then did a witness statement against him having one for our first tribunal hearing, it was full of lies and was hurtful. They challenges his autism assessment as his nurture TA didn’t agree. Interestingly they sent this after I refused to deregister for the second time at that point.

I have a private EP who is great and picked up many missed needs, who recommend a specialist school for year 7 and EOTAS/ AP for now. The LA commissioned an OT (who we already privately used at home and school before the EBSA) who picked up his sensory needs are linked to the environment, highlighted the private AP we pay for shows how his needs can be met, recommend small class size for F and said without this he won’t attend or thrive. The La refused to include this and any wording from the private EP saying their EP was sufficient enough, although the LA EP did not assessment of their own and used the private ones findings. I’ve tried and tried and tried to work with the LA over getting this wording in and they just throw Sen reg 11 at me, but then don’t seem to see his outcomes can’t be met if he won’t attend?

We’ve found a section 41 school which he adored and they’ve offered him a space, but his current mainstream primary have said they can meet needs and they’ve been named. I asked to speak with the school before they sent this in but they ignored me. I’ve been asking the LA for AP since January and they too ignore me, they blocked my first attempt to go to the ombudsman and I’m now trying a second time (they told the ombudsman they would respond to me and then never did).

I’m going to appeal and I’m going to take my EP and the OT with me but it’s hit me tonight, I feel like I’m not doing enough or maybe I’m not seeing something if his school feel they can meet needs. I know for the appeal I’m going to be need to be seen as trying but I have been, he simply finds it too noisy and busy and the plan does nothing to sort this as the LA have refused to include the wording that would get him in somewhere suitable.

I’m not sure what I’m even asking maybe I just need to maybe not feel so alone or have a pity party for one. I pay for private AP and he absolutely loves it, has never missed and session has friends which shows to me that he can attend the right setting.

Definitely appeal. Make sure to appeal B&F as well as I. The majority are upheld. You can do this. As difficult as it is, ignore the LA and school’s games. Just because they say they can meet DS’s needs doesn’t make it so.

Ignore the LA trying to confuse you with Reg 11. Nothing in Reg 11 means the LA is acting lawfully and an appeal won’t be successful. Remind them all special educational needs must be in section B. And all needs must have corresponding special educational provision in F. This is stated in 9.69 of the SENCOP and underpinned by reg 12 of the SEND Regs 2014 and section 37 of the Children and Families Act 2014. Neither Reg 11, Reg 12, or s37 state they can cherry pick what evidence fits their narrative or that not all needs/provision reasonably required need including.

You can request an expedited hearing on the basis DS is a) not in education, and b) a phase transfer year.

If DS is unable to attend school, the LA has a duty to ensure he still receives a suitable, full-time education. The complaints process/LGO isn’t a suitable remedy for this. It takes far too long. Email the Director of Children’s Services reminding them of their duty under section 19 of The Education Act 1996. Inform them if they do not provide provision you will be forced to pursue judicial review proceedings. If that doesn’t work, you need a pre-action letter. SOSSEN can help with this free of charge, but there is a wait, so you may want to look elsewhere. If the pre-action letter doesn’t work, JR proceedings themselves will work.

recommend small class size for F

Is small class size defined? Your definition of small will be different to the LA’s view. To be enforceable it needs to be quantified.