What are my options- full specialist schools.

[lollilou2]

My DD9 has eventually been awarded an EHCP after a tribunal appeal. She wasn’t coping in mainstream, it was effecting her mental health badly so after the LA refused to issue an EHCP I pulled her out to home educate while it went to tribunal (that was 1 year ago).

SEN department rang me to get my preferences while they sort out the draft EHCP, and when I named my preferred schools for her (ASD is her primary need), they’ve said those schools are full for this and next academic year, and although they can name the schools if they agree they can meet her needs, I’ll either have to carry on home ed or send her to mainstream until then.

mainstream is an absolute no go, she can’t handle it. If there’s no places this or next academic year, then the school places will be no good as she’s already supposed to be in year 5 if she was in school. Should I just carry on home education until secondary age?

The choice isn’t EHE or MS if that isn’t what you want. Personally, I wouldn’t EHE because that relieves the LA of providing the provision in F.

Is your preferred placement wholly independent? If not, the LA can and must name them 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. Ovilsult there is a point the LA can do this but the bar higher than many LAs admit. The LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons I posted.

You don’t need an offer of a place or for the school to agree unless they are wholly independent.

If the school is named, they must admit. If they try to refuse legal action can force them to.

If the LA refuses to name your preferred school, you will be able to appeal.

Thank you for your advice. It’s a state special school, so looks like I’ll have to be prepared for another appeal then!

If you have to appeal again, you can request an expedited hearing on the basis DD is out of school. It isn’t guaranteed because of court time, but it is worth making the request.

I’m not sure how full ‘too full’ is or how accurate this is, but it does seem oversubscribed unfortunately.

@BrightYellowTrain the appeal for an EHCP was expedited due to her been home ed, and that still took a year.
Still better than sending her back to mainstream and ruining her mental health again though.

Just because the school is over capacity doesn’t necessarily mean the LA can prove incompatibility.

Have you looked at all schools within travelling distance including independent schools and those out of area? Sometimes if you start talking about a more expensive option, the LA finds a space.

A year is expedited now, unfortunately. Non-expedited appeals are taking longer than that.

If you no longer wish to EHE and DD can’t attend school, you could request section 19 provision in the meantime.