Specialist school - panel

[Littlepip02]

Hi all - just wondering if any of you could offer any help/advice

My son who is 4 who is diagnosed with autism and has a diagnosis of “disorder of intellectual development” is due to start reception this September 25.
He already has an EHCP in place, and since January the LA have been consulting specialist schools, there has been a school which have responded with a positive response and said they can take my son this year.

They offered my son this place on the 11th Feb, but the LA said that this would need to go to panel to be approved first and would take around 2-3 weeks, we are now 5 weeks in and still no decision as been made and I’ve had no updates as to what’s going on they just keep saying discussions are ongoing.
I have made a complaint to the head of children’s services and I am awaiting a response, I am just so worried that the LA will decline? Even though I have in writing that he has been identified as a child who needs a specialist setting, it is a state specialist school it’s not independent.

I suppose my question is, what are the chances of panel declining this?

Unfortunately, if it isn’t in the EHCP yet, there is a chance the LA won’t agree.

The phase transfer EHCP should have been finalised by 15th Feb. If you haven’t had the finalised amended phase transfer EHCP, you need to email the Director of Children’s Services again, threatening judicial review. If that doesn’t work, you need a pre-action letter. SOSSEN can help with this, but there is a wait so you may want to look elsewhere. The normal complaints process timescales are too long, so it isn’t a suitable remedy.

If instead the phase transfer EHCP has been finalised but it hasn’t named the placement, have you appealed?

@StrivingForSleepSo what happened was basically my son got his first finalised EHCP in August 2024, it named his current setting which is an inclusion hub nursery (for children with additional needs)

I then called an early review in October in preparation for a change in setting for September 25 - the actual content of the EHCP didn’t need amending at this point as it was still very new, I only wanted a change in setting.

The review was carried out and the LA agreed to consult with specialist schools, before this one that we had a positive response from, we had 2 negatives from other schools due to lack of space, so this has actually been going on since November since we had the early review meeting.

I have wrote to the head of service this week but she’s on leave until Monday - I suppose if I get no joy this week I’ll threaten judicial review.

i just wasn’t really sure on the next steps to take so your comment has been really helpful thank you, also didn’t know about SOS!SEN, just had a look at their website that’s been really useful.

If DS starts school in September, the LA should have finalised the amended phase transfer EHCP by the 15th Feb. If the LA has not finalised it, you email the Director of Children’s Services threatening judicial review now. Don’t wait. If that doesn’t work, you need a pre-action letter. You need to act urgently. Time is of the essence because if you need to appeal, you need all the time you can get.

We’re the school who said they were full wholly independent? If not, the LA must name preference 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 DS is incompatible. There is a point LAs can do this, but the bar is higher than LAs and many schools admit. An offer of a place isn’t required. The LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the reasons above.

@StrivingForSleepafter sending the letter threatening judicial review - how long would you then wait before proceeding to do so?

After 5 working days, I would be looking to send a pre-action letter.

You could even start to put feelers out to who has the capacity to take you on case straight away should you need their services. Often it is a matter of perseverance and there will be an increase in people looking for someone after the post 16 phase transfer deadline on Monday.