Moving to new area with child in sen school

[RiRi25]

Hi all,

I am wondering if anyone has a severely autistic child, with severe learning disabilities, non verbal, very challenging (self injurious behaviours) and in a special needs school?

The borough i am in are absolutely rubbish and don't offer my daughter adequate respite services or 1 to 1 in school which she needs to keep her safe.

I am thinking of moving to another London borough where the services may be a bit better but its so hard to do any research beforehand as councils will advise they can only confirm the process once moved into borough and they have seen the child's whole file.

I have also heard of horror stories of people moving different boroughs and the child not being able to get special needs school places meaning they are out of school for 2 - 5 years! I will not be able to cope for that long and will have a breakdown and it will also be incredibly bad for my daughter's mental health too.

Has anyone in a similar situation moved within London and had a positive experience with schools and Children's Disability Team respite services? If so, where are you based please?

TIA

Looking at education, if you move LA with an EHCP, the new LA becomes responsible for the EHCP on transfer. The EHCP transfers on the day you move or within 15 working days of the LA becoming aware if that is later. This includes funding the placement in section I if attending is still practical. If it isn’t practical, they must make other arrangements for education.

However, within 6 weeks of the date of the transfer, the LA must inform you when they will review the EHCP. The new LA will then review the EHCP within 12 months of the previous AR or 3 months from the date of the transfer, whichever is the later. As part of the review process, the LA may propose to amend or even propose to cease to maintain. You would have the right of appeal, but it is something you need to be aware of. There is no guarantee the LA would name a special school. They may force you to appeal. Equally, there is no guarantee they would include 1:1 without an appeal.

If you wanted to remain in your current LA, if the EHCP provision isn’t sufficient, you could appeal the EHCP when you next have the right of appeal. You could request an early review in order to try to get the right of appeal.

Support from children’s services wise, the new LA would carry out a new assessment when you move. Unfortunately, there’s no guarantee they would provide better support than your current LA.

If you wanted to remain where you are, have you challenged the LA’s decision on respite? You could complain, ask for an independent review, complain to the LGO. Depending on specifics, JR may be possible. If you appeal the education side of things related to an EHCP, you can also ask SENDIST to look at social care provision, getting an independent social worker assessment if necessary.

Hi, thank you so much for explaining all this!

Ah so in new area she would most likely be out of school until they review and update EHCP?

I did request emergency annual review with current LA and they declined. I have been told i am not able to appeal this decision either.

Also, did appeal with Children's Disability Team and didn't get anywhere. And they keep ignoring my GP safeguarding referrals and say I have adequate respite when this is definitely not the case.

I would definitely like to move at this point. More worried about her being out of school for so long and how we will both cope in that time.

If you move LA, the new LA would become responsible for education. If it is still practicable to attend the current school that includes funding that placement when the EHCP transfers (at least until the conclusion of a review. It doesn’t necessarily mean they will continue to name it following a review). If it isn’t practicable, it may be in another school (which may not be the school they go on to name following a review) or otherwise than in school.

The LA is right, you can’t appeal if the LA refuse to h9ld an early review. When is the annual review? If it is a long time away, you could request a reassessment of needs. Although there is no guarantee the LA will agree you would have the right of appeal afterwards. However, even if the LA agrees to a reassessment of needs, there is no guarantee the evidence will be good. You may end up appealing afterwards.

When you say you appealed children’s services decision, what exactly did you do? Have you followed all the steps I mentioned in my pp?

Hi, thank you for explaining.

Travelling to current school wouldn't be possible as I wanted to move 2 or 3 boroughs out. She isn't suitable for mainstream and the SEN school she currently goes to are already struggling to meet her needs as it is. Would new LA be able to temporarily put her into a sen school until we wait for something permanent?

Annual EHCP was held a month a go.

And when I had appealed Children's Disability Team package, I had complained and emailed in writing directly to the manager but didnt go LGO which I should have. Also didn't know I could ask for an independent review... who would assess the independent review?

Thank you

In theory, the new LA could place in a special school whilst a review takes place. In reality, this often doesn’t happen or at least takes time for it to happen.

It is a review panel made up of 3 independent people. The people should be independent of the LA.

Hi, thank you for all your advice. It is much appreciated 😊

I recently moved LA during the Appeals process, DS was out of school when I started my appeal and my move was already planned.
I took legal advice and was advised that moving during the appeal was a good idea as the LA that I moved into to had to take over and go to tribunal in place of the old LA.
The new LA had no choice but to get in line with tribunal dates and the EHCP (with my school preference named in I) was decided at tribunal thus removing the new LAs right to change or cease to maintain etc.

(hope that all made sense)

If you are still in the window to appeal the recent annual review?
Can you move within the next year?
Moving while waiting to go to tribunal May minimise time out of school

Just so anyone reading is aware, sometimes when you move during a live appeal, the dates for complying with directions are pushed back. Sometimes the hearing date is too. Less likely if you move early during the appeal process. More likely if you move late in the day.

Hi @PeaHen99

Thank you so much for this advice. I will try this route.

I am glad it worked out for you. Is your DS also severely autistic, non verbal with severe learning disabilities and challenging behaviours?

And yes i can still appeal EHCP.

Yes looking to move within the year. Hopefully as soon as possible.

@perpetualplatespinning thank you for clarifying

@RiRi25 I was also advised that SENDIST may push back the tribunal date by a couple of months, but as I was moving anyway I didn’t have much choice. I moved 4 months before the tribunal and it didn’t affect the date.

My son has moderate autism and learning difficulties along with severe anxiety. He was out of school as he could no longer cope in mainstream. I get the impression it’s fairly common for LAs to blanket refuse upping a child’s support and forcing a tribunal.

I found that a few schools were willing to look at his EHCP off the record so I knew if they were likely to offer a place when formally consulted.

There is a chance your current LA may provide what you need if they are forced to at tribunal, would you be happy to stay put if this were the case?

I think if you are moving anyway and can find a placement that meets your daughters need it’s worth tying in with the tribunal

Hi I was wondering if you could help me. I am in a similar position to OP. I have two sons both in a special needs school. We live in Oxford but hope to move for more support as we have no family here. I understand the new LA will make a desicion but I have heard that they are obliged to find the same/similar settings. I am so stressed about the potential move because I am worried they will be out of school for weeks. You mentioned a review stage that can take 12 months? Does this mean we can be waiting for a whole year until the council makes a decision?

@TapRab so when you move LA with an EHCP, the new LA becomes responsible for the EHCP on transfer. That happens on the day of the move if you give the new LA notice of at least 15 working days or 15 working days from when the LA was informed of the move if you don’t (Regulation 15 of the Special Educational Needs and Disability Regulations 2014). This includes becoming responsible for the placement named in section I where it is still feasible for the child to attend the existing school. If that isn’t practicable, the LA must make other arrangements for education.

Within 6 weeks of the transfer, the new LA must inform you when they will review the EHCP. This must happen within 12 months of the previous review or 3 months of transfer, whichever is later (Reg 15 again).

You won’t be waiting a year for education to be arranged. If the LA drags their heels, you can enforce provision. But you may be waiting 12 months from the previous annual review for the review to be held.

LAs don’t always name the same type of placement. There is nothing in law stating they must. However, as long as your preference isn’t wholly independent, the LA must name your 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.
(section 39 of the Children and Families Act 2014)
The bar to prove one of these is high. Although LAs often refuse and force parents to appeal.

And you can still ask for a wholly independent school. You would need an offer of s place and to show the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure. And, again, LAs often force parents to appeal.

@PeaHen99 Hi, thank you for explaining.

I found the same, schools and LA's are not willing to look over EHCP before you move and cannot tell you anything apart from yes, there are waiting lists for SEN schools, which is frustrating because you are limited to what research you can do.

And I don't think I would live here even through tribunal process. We do need more family support and a fresh start.

waiting lists for SEN schools

Just so you are aware, waiting lists for (non-wholly independent) special/specialist schools don’t exist in the same way as they do for admissions to mainstream schools for those without an EHCP. On its own, being ‘full’ is not enough of a reason to refuse to name your preference in the EHCP. The LA would have to prove the school is so full admitting DD would be incompatible with the provision of efficient education for others or the efficient use of resources. This is a higher bar than many LAs and schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. However, that doesn’t stop LAs refusing and forcing parents to appeal.

@perpetualplatespinning thank you for your reply. Would you suggest doing the move just around the start of the annual Ehcp review? The eldest was completed last week. It’s usually around May. This way the new LA will not have a reason to re-asses the EHC plan? Overall, is the move risky? Do we really need to consider if the boys will be able to attend the same school together? We are looking at Uffculme school in Birmingham and will move around that area if that helps at all.

@TapRab even if you have only just had the AR, the new LA will still review the EHCP either within 12 months of the previous AR or 3 months from the date of the transfer, whichever is the later.

There is some risk. Some decide they want/need to move anyway and accept they may have to appeal. Some decide to stay put.

Birmingham isn’t an easy LA to move to.

There is no guarantee DSs would attend the same school. Getting EHCPs right and the right support for DC with SEN is hard enough. I wouldn’t base the decision on siblings attending the same school.

@perpetualplatespinning Why is Birmingham a difficult LA?
I do agree having them together would be ideal but I’m aware it won’t always be the case.

They just aren’t an easy LA to deal with.

@perpetualplatespinning could you tell me the pro’s and con’s of the move with a child having an EHC plan? The only people we can speak to in Birmingham is Sendias and the person who keeps answering the phone is absolutely unhelpful. She always claims she can’t answer anything unless we officially move. I just hoped I could get a little advice.

@TapRab I’m not sure that’s something anyone else can answer. It will depend on individual situations. The one universal con that will apply to all is you may need to appeal. In your situation, a pro would be being nearer family and if you want DC attending the same school, a con in your eyes would be that they may not. Beyond that, it would be impossible for me to comment on pros and cons without knowing your situation.

@perpetualplatespinning hi, do you possibly know of any particular London boroughs to avoid in the sense they are known to be quite difficult to deal with regarding EHCP's/ SEN school spaces etc or alternatively the opposite, any that may be good?

Recently many are finding Hillingdon, Camden, Islington and Bexley difficult to deal with.

There are several London LAs who are safety valve LAs. You might want to avoid those.

@perpetualplatespinning Hi thank you. I knew Hillingdon do not have a great reputation but quite surprised at the other boroughs.

It is so difficult to do research when there is very little information out there.

Did you get this information from other parents/ word of mouth or online data?

Also, thank you for letting me know about the Safety Valve Programmes that certain LA's are part of. I was not aware of this. Definitely helps in making a better informed decision.

@perpetualplatespinning Why do LA’s prefer if parents appeal? My son went through First-tier tribunal and his school place was accepted. It wasn’t until we appealed it got accepted. So I can see why this is the case.