LA are breaking me

[Holly221288]

Hi everyone,
I’d really appreciate some advice from anyone who’s been through similar.

My son is 9 and has autism, ADHD and DCD, along with severe mental health difficulties. He hasn’t been in school since July 2024 and currently can’t leave the house or have anyone visit – not just professionals, but anyone at all. I’m a single parent (with two older children) so the impact on life is pretty huge.

His EHCP was issued in February and names EOTAS, as education outside school is the only option, but there’s no actual provision written in. Since it was issued, the LA haven’t arranged or funded anything new.

Right now he has five hours a week of MindJam (online, camera off, originally organised by his primary school but the LA now fund), which we’ve built up gradually over time. It’s the only thing he can currently manage. My plan was to build on this by adding another online provider once he has the right setup at home.

In July I sent in a personal budget request for home-based learning — online and interest-led — including a gaming PC, as he doesn’t have suitable tech and it’s needed to progress with MindJam and add another provision. I also asked for a few educational subscriptions to support him at home. I am currently home educating him and funding these things myself.

I made a complaint which was upheld at Stage Two (in July), but the only offer was financial recompense for missed provision (which I didn’t accept). Today I’ve had an email confirming their panel have refused the personal budget in full, without offering any alternatives or next steps other than saying he needs to build more relationships with other adults (this is being dealt with separately by social care).

It’s with the Ombudsman, but no caseworker has been allocated yet, and we’ve got a tribunal in April as the EHCP doesn’t reflect his actual needs or provision. I’ve also contacted my MP twice but had no reply.

I just don’t know what to do next. The constant fight for everything but ending up with nothing is actually soul destroying

Sorry to ask such a basic question but why does he needing a gaming PC for online learning?

@Anthempart2 not a basic question at all, thank you for reading. And I should have been more clear.

The gaming pc is because he currently can only play limited games for Mindjam on his PlayStation. The pc would mean he can begin the coding stuff they had planned and also do some gaming project work with an alternative provider. Mindjam have provided the LA with their recommendations

In the nicest way possible, you yourself have said he cannot cope with anything more than he is doing at the moment, so they’re probably reluctant to spend money on expensive tech that may just be used for hobby activities and not for learning. I also think you need to be aware how this looks to the public - councils spending ££ when they are cash strapped on gaming equipment for out of school kids isn’t a good look.

this is being dealt with separately by social care

This isn’t, or at least shouldn’t be, separate. Firstly, online provision is about building relationships with others and a step to building F2F relationships with others. Secondly, you want this provision in F, not H. This is important. Social care provision which educates or trains is deemed to be special educational provision, thus belongs in F. It is easier to enforce provision in F.

Have you requested an expedited Tribunal hearing on the basis DS is out of school?

A PB for provision not in the EHCP is unlikely at this point (exception being things that facilitate provision in the EHCP). Tribunal is the remedy to get it in the EHCP. Equipment can be covered. Ignore anyone who cries about hobbies or cash strapped LAs. They don’t understand the scope of education or EOTAS/EOTIS. And lack of funding is not your concern.

The LGO has a very long wait, I’m afraid, and won’t deal with anything related to the appeal. Going via the complaint process isn’t usually a suitable remedy in cases like this. It takes too long. This is why the general advice is to go down the JR route for failure to provide s19 provision (and, for those with provision detailed, specified and quantified in F, breach of s42 CFA 2014), but if you are EHE (if you aren’t, and I presume you aren’t, don’t use the wording you are home educating) you relieve the LA of this duty.

Just to stick up for Op against the "expensive tech and optics" post

Neuroldiverse individuals are essential for cyber security

Global companies recruit ND people purposely to fight cyber crime. (I know i see the 1bn budget for cyber protection in one company)

If mind jam and coding is a suggested way for this child to get education thats not at school and learn a skill that could lead to a necessary job in future.... then he gets my vote for the funding...

Not all children going to MS school contribute to society in the long term so what's the problem here...give him the same chance they have. The LA is not spending a penny on him at the moment beyond the MJ.

Good luck Op. Listen to flawlessflipper.

Ive had it relatively easy in comparison and it’s soul destroying 💐

You ideally need professional advice as to the provision he needs to get him back into education at an appropriate pace for him, probably from an Educational Psychologist. Neither the LA nor the tribunal are likely to accept proposals unless they have that sort of backing. Preferably go for an EP with tribunal experience - you could probably get suggested names from local parents' support groups, or charities like SOS SEN. If you can't afford it, try charities like Parents in Need.

Also, could Mindjam give written advice, given that they know your child quite well?

@flawlessflipper thank you for your incredible advice and taking the time to reply. I contacted Civil Legal Aid at the weekend and endless Solicitors over the last couple of days. After lots of no's because they are at capacity, I think I have found a firm to help me with the JR. Although I am unsure if it will be any help as the real problem is the refusal of the PB which you say is unlikely at this stage.

@RangiroaDive thank you so much for your kindness.

@Ratafia thank you for replying. We will be getting another Ed Psych report as part of the tribunal process. And Mindjam will also provide a report.

JR for failure to provide s19 provision will only look at that issue. It is separate from the PB issue. But s19 provision can provide provision so don’t worry about that.

Did you try SOS SEN for the pre-action letter?