Section 19 provision/EHCP rejected/hospital sch failed

[2024namechanger]

As the title indicates, things are a bit of a mess and I need some advice!

We applied for an EHCP in spring due to physical disability (wheelchair user, non-epileptic seizures), then a month later school could no longer accommodate need. Council stepped in from Sept and sorted an assessment at hospital school and wrap around tuition for science, English and maths. Hospital school are now saying she has far more education than the rest of their pupils (she has 6 hours a week) and they won’t offer her any education. Council are saying they can therefore increase tuition, and invited us to specify what we want. We are hoping she will return to her usual school but she is Year 10 so we need to get cracking with coursework etc.

We have a mediation meeting next week for EHCP. it was refused due to S19 provision - ie the hospital school and wrap around tuition. Also the EP report didn’t take into account her health needs at all; just said she needed a bit of pastoral support to help with anxiety. She had plenty of pastoral and was at school for one lesson a day, 3/4 days a week before they said they couldn’t have her back; the EP report is clearly flawed. The meeting for the increase of tuition is two days before mediation so I can’t wait til afterwards; they meet once a month to discuss tuition so don’t want to lose that slot.

My queries are: what should we be asking for, tuition wise, and what should we be doing for the mediation meeting? She wants to be in school otherwise I would look at Eotas. She has a lot of uncatered need. No physio for example. I am trying to work whilst also supervising her due to seizures and tuition. She has no one2one and the council are saying the school can fund this from their resources; the school say otherwise!!! She wants to do her GCSES, on time. She had chosen a lot of creative electives which I think would be impossible to replicate in a home environment. I’m a single parent and it’s all just a lot. I don’t know anyone in real life to ask.

You have two separate issues.

The EHCP.
Is it a refusal to assess or refusal to issue?

You need to prove the legal test is met.

Being in receipt of section 19 provision doesn’t change this. An EHCP is important even if section 19 provision is in place because an EHCP can provide more support (e.g. therapies such as physio) than s19 provision would provide.

Also, whilst the LA has the power to provide provision for post 16 pupils, they don’t have a duty to ensure DC unable to attend still receive a full-time education, so most don’t. Therefore, it is important to plan ahead.

Section 19 provision
Section 19 of the Education Act 1996 ultimately places this duty on the LA, not the school.

The LA is responsible for ensuring DD receives a suitable full-time education. Or if full time in any form is not appropriate, as much as is appropriate. 6hrs is not full time.

Provision should be suitable for DD’s age, aptitude, ability and SEN. It should offer a good quality education equivalent to that offered by MS as far as DD’s needs allow (i.e. it shouldn’t just be maths, English and science. It needs to be a broad and balanced curriculum). It should consider DD’s pastoral, social and emotional needs. And as far as possible, DD should be involved in decisions. You cannot be compelled to deliver provision.

So I would be asking for more tuition, more subjects, not just academics, staffing, resources/equipment. What subjects don’t you think are possible outside of school? You would be surprised.

As an aside, if DD wants to attend school and is well enough, the school can’t refuse to allow her to attend unless they are formally suspending her, which you could then challenge.

Thanks for hugely detailed reply. The school have absolutely said she cannot attend. I have this in writing and the council are aware and not challenging. The school are saying they cannot keep her safe when she has a seizure. There is another child at another school near us with the same issue (sch refusing to have her in) so we’re clearly not unique.

EHCP - they did some assessment - EP and then refused at that point. There was no draft.

S19 provision. So she studies a little taught language, drama, music, art GCSEs. She would be happy to switch music to textiles. She has absolutely no pastoral/SEMH support. I honestly am clueless in what to ask for. I take her to clubs in the evenings so she can meet friends. She misses her school friends. She is under CAMHS and sees her therapist once a week (she is brill, tight lipped about the sessions and explained she will be working with my dd for some years). I tried to sign her up for the gym but they have refused her due to medical needs.

So it is a refusal to issue. So you need to demonstrate an EHCP is necessary. You do this using your evidence. As part of the EHCNA was advice and information sought from OT, physio and clinical psychology (and SALT if that is relevant to DD)? Have you submitted a SAR to the school, LA and any other agencies involved? You won’t have reports for mediation, but if you have to appeal, consider independent assessments - if you can’t afford them and aren’t eligible for legal aid, there are charities e.g. Parents in Need who can help.

Languages, music and art GCSEs can all be sat outside of school. Some do other art courses, e.g. Arts award or NCFE, because they are more easily available to them, but GCSE art is possible. GCSE drama can be done but it can be much, much harder and for some it is impossible due to their needs/providers available to them. Although a drama class could be looked at without the GCSE. DT GCSE is very hard to do outside of school but there are other courses, e.g. have a look at Technology Triumph.

Have you looked at what other formal alternative provisions are within travelling distance? I would break it down tuition (more than just maths, English and sciences), mentoring, socialising, exercise (have you thought about a personal trainer?). Ongoing therapies via the LA are unlikely without an EHCP.

The school can’t informally exclude like that. You can challenge it if you want to. The LA won’t do that for you.

As part of the EHCNA, one of our named professionals was contacted. There was a general note from CAMHS from one named professional. They named two other professionals (psychotherapist and psychologist) who were not contacted. We named other professionals (psychiatrist and GP) who were not contacted. No information from GP. No diagnosis reports were sent. School info included a GP letter and OT report but they were not contacted, and not clear that this information was used by others. I asked (in writing) for the health info to be shared with EP and was told (in writing) that they didn’t do this. This was before I realised that they didn’t actually have her full medical info; I assumed comprehensive reports went across. We haven’t submitted a SAR to sch, but their info was comprehensive, and the longest submission in the appendices by far. I have submitted a SAR for medical. I haven’t for council - do I need to? We have had almost no contact with them.

In terms of the alternative provisions, I have looked at other schools but none are suitable that I can see. She wants to obtain 10 GCSEs on time, she doesn’t want to deviate from academics. No behavioural issues and extreme anxiety so most specialist schools wouldn’t fit.

Thanks for the suggestion of mentoring, socialising, exercise - personal trainer is a good shout. She desperately needs neurological physio. Can I ask for this as part of Section 19 provision?

I meant have you looked at alternatives provisions rather than alternative schools.

You are highly unlikely to get physio, or any other therapies on an ongoing basis, as part of s19 provision. That is why an EHCP is important. Therapies can be included in there.

I would submit SARs to the school and LA. Even if the school is supportive, evidence gathered from SARs can help appeals. You need to know what the LA has.

Information from the GP isn’t typically that helpful for EHCPs. Rather than specific named professionals, it is usual to ask for advice and information is sought from a specific type of professional. So an OT rather than Jane Smith. You should look at the evidence you have and consider if you need independent assessments. If you can’t afford them but aren’t eligible for legal aid, contact Parents in Need. Or, if you appeal, you could ask SENDIST to direct the LA seek advice and information - but there is no guarantee this will be successful and even if it is, it doesn’t guarantee good advice and information.

Well as it happens, S19 everything was rejected apart from the core maths and science. Our council said that this is all S19 will provide. And the mediation was cancelled. Nearly out of time so will have to go to tribunal.

If mediation cannot be arranged within 30 days, you should get a mediation certificate (it is a different part of the certificate that is completed when mediation hasn’t gone ahead). You can then submit an appeal to SENDIST. You will still be able to take part in mediation if you want.

For section 19 provision, you need a pre-action letter. SOSSEN can help with this, but there is a wait, so you might want to look elsewhere.