CSCN INDEPENDENT SCHOOLS?!

[CheekyPlumHedgehog]

Hi first time poster here,

My DS5 (non/pre verbal) has an EHCP and the LA have agreed to specialist school. The problem is that there are none with spaces in Surrey. I have already consulted with 10 schools (mostly in borough) and only one agreed that they could meet needs. When we went back to panel, panel refused us saying that we needed to look at more schools. We have now done this and are current in the appeals process, however in this time the school that originally offered us a place have now said that they won’t have a place until at the very earliest 2026. In this time I have been providing alternative provision at home (very stressful). We are at the point where our case worker is applying for a grant from panel so we can consider independent schools out of borough. My question is does anyone know any good CSCN schools for pre verbal children.

To anybody who sees this and responds, thank you so much! You are helping my family a lot.

Firstly, why are you providing alternative provision? It is the LA’s responsibility to provide anything detailed, specified and quantified in F of the EHCP and a suitable, full-time education. The latter will either apply now (if DS turned 5 last year) or from next term (if DS turned 5 this year).

Secondly, have you requested the Tribunal hearing is expedited? And as well as section I, are you also appealing B&F?

For the schools that are not wholly independent, 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 the parental preference. The LA has to prove the school is so full admitting DC is incompatible. Which is a higher bar than SCC and many schools admit. However, SCC often forces parents to appeal.

If you are in the appeals process, even if SCC refuse to name an independent school, you can pursue that via the appeal. You only need an offer of a place from wholly independent schools. For any other type of school, including section 41 independent schools, you don’t need an offer of a place and the previous 2 paragraphs apply.

I am assuming you have already looked at any of the SCC's CSCN schools that are within travelling distance? Disregarding that they/the LA say they are full, do you think any of them can meet DS’s needs? Obviously, the presentation you mention still covers a wide range of needs, but you could look at St Joseph’s (a non-maintained special school).Suggestions for out of area schools will depend where you are. Pointless suggesting one in Kent if you are near the Hampshire border.

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Oh wow, thank you for taking the time to respond and I hope I am replying correctly.

I am providing alternative provision because we have had our EHCP finalised since Oct 2023 and my son was still attending his mainstream school. None of his targets had progressed since Nursery (he attended the nursery that was attached to the mainstream school he attended). So my plan was home educate until they found him a place (I had no idea there would he no schools). I was advised against home educating so we decided to call it “alternative provision” so I could still teach my son at home and not be penalised by the council.

He will be 6 soon, and I have put in a complaint with the council due to the fact that they are not providing the provisions outlined in his EHCP and they’re not actively consulting schools be because there aren’t any. The council are trying to give me problem because I have an appeal in but I’m still pushing on it.

I am worried to expedite the appeal because I am appealing section I based on the fact that I want to appeal the decision the council made not to give us the funding for the one school that said they can meet needs. But, due to the fact that the council delayed us now the school that gave us an offer now have no places until 2026 at the absolute earliest. So if I expedite the appeal I don’t have a current offer to appeal with and I’ve been advised that the judge may not hear my case as I technically don’t have an offer anymore.

Are you saying that if I ask to expedite my appeal date then because we had an offer and the school is a section 41 school they school could be pushed to take him?

If yes, how would I go about doing that?
I am fine with section B&F for now, the contents of his EHCP are actually okay compared to the standard.

My preferred school is a section 41 school, they are who we are currently appealing the council for hoping that by some miracle a space will appear.

My caseworker is even saying that the consultation aren’t even sending out consults right now as the school have told them they are overwhelmed.

I have visited St Joseph’s I didn’t like it, it wasn’t nurturing enough. I didn’t think it would be a good fit for our family compared to the other school.

We are closer to Gatwick.

I don’t know what information about DS that might help other than he is autistic, pre verbal. What might help?

Thank you again for taking the time to read this

You need to inform the LA in writing you are not electively home educating and they need to make arrangements to ensure DS receives a suitable full-time education under section 19 of the Education Act 1996 and anything detailed, specified and quantified in F of the EHCP as per their duty under section 42 of the Children and Families Act 2014. If this doesn’t work, rather than the formal complaints process, which takes too long, the enforcement route is via judicial review. So if the LA refuses, email the Director of Children Services reminding them of their duties and threatening judicial review. Then, if that doesn’t work, you need a pre-action letter.

You should request an expedited hearing on the basis DS is out of school.

As your preferred school is not wholly independent you don’t need an offer of a place, and as I posted in my previous post, being ‘full’ isn’t enough of a reason not to name your preference.

Are you sure B&F are OK? The school named in section I is the logical conclusion of B&F so not also appealing them increases the risk your preferred placement wont be named. It is also unusual, almost unheard of in Surrey, to have a watertight EHCP without having to appeal the content.

Forgot to post another recommendation. You could look at Jigsaw. Although if you are happy with your current preference, then you can just focus on that.

Hi again,

The LA are aware that I am not electively home educating and that I am providing alternative provision. My case worker is the one that set this up and I have have many many email correspondence with them detailing that I am not home educating.

I will look into the judicial review, do you think that’s still necessary if we expedite the hearing?

The reason why the his mainstream school was named in section I (according to my case officer) is when we were doing our annual review DS had no specialist school to name. So we named his mainstream school to allow us to trigger the appeals process which we are in now. I did ask them to name specialist school in section I but they said as DS was still enrolled at a mainstream school then it wasn’t possible unless I wanted to take him out of school and electively home educate, which is obviously a trap.

I had an advocate look over his EHCP for me and they initially wanted to appeal section I, B and F. But once they read it over they agreed that actually section B and F accurately represent his needs enough for now. I think I got luck with an excellent educational psychologist and a decent case worker.

I will look into Jigsaw, thank you.

Not a lawyer, not an expert, but I think the problem is that whether you call it home ed or alternative provision, in LA terms that's all in the bucket of 'we've persuaded mum to take this off our hands for free'. And as long as that is the situation they have no incentive to change things.

This.

You need to be clear with SCC you are not responsible for providing education (whatever you want to call it; you are making alternative arrangements and they will see it as you making suitable alternative arrangements thereby relieving them of their duty) and therefore they need to make arrangements for a suitable full-time education and anything detailed, specified and quantified in F. While you are providing provision, SCC has no incentive to concede.

As to whether you enforce this, that is up to you. An expedited hearing could still be months away. Just not quite so long. Few get all the way to a JR hearing. If a pre-action letter works, you could have provision within a few weeks, so it may well still be worth it.

DS’s EHCP could have been amended at the AR to name SS in section I. The CW misled you.