Asking LA for tutoring?

[Onlycoffee4]

Hello, just looking for advice on where to turn really.

I took my child out of school nearly 2 years ago now, whilst she was in year 4 after 2 years of school refusal and school threatening legal action, and while I was waiting for appeal for refusal to issue a EHCP to go to tribunal. My daughter made good progress mentally, meltdowns became less frequent or severe and I felt like I got my child back instead of a withdrawn, lost little thing.

I won at tribunal, LA issued a EHCP, but still named the same school I had just pulled her from, saying they could meet need even after tribunal pointed out multiple failings. I again appealed, this time placement, and they’ve placed her in a SEN unit with a small class.

i honestly felt she was ready to go back into the school setting with children her own age, but again this anxiety has overtook her and she’s unable to get into the taxi or the school. She gets up in the morning, gets ready, but as soon as her taxi is outside she breaks down crying repeating she ‘can’t do it.’ She has made friends who she did seem very interested in, but it’s just still too much for her.

Is there any way I can ask LA to provide alternative provision, for example tutoring, or is my only option to home educate again?

Sorry for typos, I’m on phone!

If DD is unable to attend school full time, you can request alternative provision in line with Section 19 of the Education Act 1996. This is separate from the EHCP process. On their website, IPSEA has a model letter you can use.

The LA is still responsible for ensuring DD receives any provision detailed, specified and quantified in F of the EHCP too, even if she can’t attend school.

Via the EHCP, you can pursue EOTIS. You will sometimes see this called EOTAS. An EOTAS/EOTIS package can, among other things, include tuition. Many have to appeal to secure EOTAS/EOTIS, though. And you would need to prove it is inappropriate for provision to be made in a school.

If you took DD out nearly 2 years ago now, whilst she was in year 4, I take it DD is Y6 now? If so, have you already had the phase transfer review this term?

Thank you for your reply! She is in year six, and no we haven’t had that yet

And regarding EOTAS, I don’t think there’s a chance we’ll get that due to the LA still thinking mainstream is suitable and having no proof of her anxiety except for that she can’t get into school, yet no services are willing to see her as.

You need a phase transfer review meeting in the next couple of weeks. You can discuss all your concerns/points then. Following this you will get to comment on the draft, then by 15th Feb the LA must finalise the phase transfer EHCP, which you can then appeal.

It is possible to secure EOTAS even if the LA believe MS is suitable. You may have to appeal, but many have to appeal for a good package regardless. As part of this, you can seek further evidence, including independent reports, to support an appeal.

@2x4greenbrick what sort of independent reports should I be looking at? Thank you for your help again.

I mean reports such as those from EP, OT, SALT, CP, physio, etc. Which to prioritise depends on what evidence you already have, how good the existing evidence is and DC’s needs.