Do I appeal!?

[LoomyNarti]

Hello! So my son is 5 and currently awaiting his autism assessment. We do however have an EHCP.

Last year we went to the local SEN school and had them consult with the EHC team regarding a space. They said yes they can offer my son a spot for next year (Sept 2025). However, due to the EHCP taking so long to switch named schools over we have now lost that space and my son now has to spend an extra year in the mainstream school who have already stated they cannot cope with his needs. He currently does Monday & Tuesday 8:45 - 2pm and Wed, Thurs & Fri 8:45 - 1. This is not acceptable as he gets full funding for high level of care.

We have been told by the SEN teacher at his school to appeal but I honestly have no clue how to start and is there even any point in appealing as the SEN school have told us they're over capacity for September 25.

I'm honestly starting to go grey because of all this. I have a 15 year old about to leave SEN high school and I never had any of this when he was a similar age.

I'm at my wits end. He gets left out of so much at the mainstream school, its really unfair on him.

Yes, appeal. You should appeal sections B&F as well as section I because the placement named in section I is the logical conclusion of B&F.

Unless the school is wholly independent, your preference must be named 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.

On its own, being full is not enough for the LA to refuse to name your preferred school. 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 many LAs and schools admit.

If you don't appeal, there is no guarantee the LA will name your preferred school at the annual review.

Even if your preferred school is wholly independent, you should still appeal because DS needs more provision than he is currently receiving, even if that is not at the preferred SS or in any school.

The letter you received with the finalised EHCP should explain how to appeal.

Why is DS on a part-time timetable?

So they give him a reduced time table due to the fact they don’t have the staff and bullshit saying that he doesn’t cope. He genuinely loves school so much so I know it’s a lie. I had a meeting with the headteacher today who told me that he will not be in the year 1 class in September but will be sticking with the reception class.

thank you for your advice. I’m going to have a good look in to it. Would I have to choose mediation or not? It’s all so confusing.

I wouldn’t bother with mediation. You only have to consider mediation. You don’t have to partake in it. You can request a mediation certificate and submit to SENDIST without actively partaking.

The school is unlawfully informally excluding DS. You don’t have to allow it to continue. You can email the HT informing them DS will be attending full time unless formally suspended. Don’t worry if the school doesn’t formally suspend. A formal suspension instead of an unlawful, informal exclusion will a) provide evidence of unmet needs to help you pursue SS, b) force the school to follow due process, c) limit the number of days the school can suspend for, d) allow you to challenge any suspension, and e) ensure DS receives alternative education for longer suspensions (or if he isn’t already compulsory school age, from next academic year when he will be).

Section 39(4) of the Children and Families Act 2014 doesn’t just apply to maintained placements. It applies to all non-wholly independent placements.

Even though it isn’t a phase transfer appeal, OP can request an expedited hearing on the basis DS is not in school full-time. Although there will still be a wait.