LA & FE for 16 year old.

[Chickenagain]

My DS has been struggling for months to find a place for her 16 year old. Real banging her head against a brick wall stuff. If there are no places, he has an ECHP, how does she get him into college if there are no places? The council are just shrugging their shoulders.
How does she get a social worker?
How does she get him back into school?
Is there an ombudsman?
Even residential would be considered.
Could anyone advise what next steps are?
What advice can anyone give who has been in this position?

The post 16 phase transfer EHCP should have been finalised by 31st March. Was this not done?

When they got the right of appeal, did they appeal to SENDIST? This is the better route than the LGO.

For institutions that are not wholly independent, being ‘full’ is not enough of reason to refuse to name their preference. The LA has to prove the placement is so full admitting DN is incompatible with the efficient education of others or use of resources. The bar for this is higher than many LAs admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”.

Is the provision in F is detailed, specified and quantified being provided even though DN isn’t in college? If not, DS needs to contact the Director of Children’s Services reminding them of their duties under section 42 of the Children and Families Act 2014.

DS can request social care assessments. On their website, Contact has model letters she can use. If they appeal the EHCP, they can request social care sections are looked at.

Thank you. I’m advising her to make her own post so that all the details are available. As far as I am aware, she has done everything by the book. Even though they are failing in their duties, how can you force them to continue his education? She is currently dealing with SENDIASS, but they are hopeless and asking HER what she would advise. I was thinking she should get a barrister involved.

To cap it all, I don’t know what allowance it is, but that has been stopped as he is not in full time education. I know he received Higher Rate DLA, but is it now PIP?

how can you force them to continue his education?

This is why DS needs to post herself. Because in order to answer this properly, more information is required. Appealing to SENDIST is the way to secure a placement named in section I. If the LA has failed to finalise the phase transfer EHCP, so they can’t yet appeal, JR is the way to force them to. JR is the route to enforcing the provision detailed, specified and quantified in F of the EHCP.

Be careful with SENDIASS. Some are good, but some repeat the LA’s unlawful policies.

At 16, DC transfer to PIP from DLA. That isn’t dependent on being in full-time education. Child benefit and UC shouldn’t stop in their situation either.