Asd and school

[hipbunny]

My son is 6. Is non verbal although does say the odd word. I am very quiet so I think he may just take after me. I am on my own no father in the picture. I would like him to go to a sen school but there is not any space so I am not sending him to school as I do not want him to be picked on. Am I doing the right thing. I also have a 3 year old that I am suspicious has asd also.

Are you educating him at home then? Does he have an EHCP.

If the LA has refused to name a special/specialist school, have you appealed?

Is your preferred school wholly independent? If not, on its own, being full is not a lawful reason to refuse to name your preferred placement.

For schools that are not wholly independent, the LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs 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.

Being full is not defined in law, and for non-wholly independent schools, on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DC is incompatible. 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”. For non-wholly independent schools the LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons above.

Are you already electively home educating? If you want SS, no, I wouldn’t EHE personally. If you do, the LA will have even less incentive to name SS because they will take the chance that you will continue to EHE if they don’t. You EHEing saves them money.

I’m not home schooling. I wouldn’t know how. It’s an independent school with 40 places and my son was refused as others had more severe needs. The local authority want to put my school in a state school but I am worried he will be bullied. He does have a ehcp with no school named.

Which Country are you in @hipbunny? Only advice can vary depending on where you are

Is the independent school wholly independent or a section 41 independent?

Is section I of the EHCP completely blank or is there a type of placement named but no specific placement?

Have you appealed to SENDIST?

How is the LA currently providing the provision in F and a full-time education?

If DS is 6 what has happened between DS being compulsory school age and now?

Have you spoken to the MS?

@SleafordSods OP must be in England if DS has an EHCP.

Sorry I hadn’t seen that update before I posted

@SleafordSods you don’t have to apologise. I just thought I would say because not everyone realises EHCPs only apply to England.

I’m in England. Nothing put in it’s just blank. I just haven’t sent him to school and no one has said anything to me. When they tried I said I’m not sending him to a mainstream school & left it at that. What I need to know is can they force me to take him to school. I have some family members that think I should send him to mainstream & they think I am making him worse as he does not socialise with others apart from his sibling and me. It’s a fully independent school that was full and there are no others near me. There are a few schools with ARPS but they seem to be full too.

So did you appeal? If yes, when is your hearing and have you appealed BFI? If no, do you currently have the right of appeal?

If there is no placement and no type of placement named in section I of the EHCP and you are not EHE, have you asked the LA how they intend to provide the provision in F and a full-time education? If they intend to make arrangements via a school, they need to follow the correct process and amend the EHCP to give you the right of appeal.

I would check the LA has not recorded DS as being EHE.

Unless there is more to your circumstances than your posts alludes to, the LA cannot force you to send DS to a school as things stand at the moment. Even if the LA name a school in section I, this doesn’t automatically register DS at the school. Although if you don’t intend to EHE or make other alternative arrangements yourself, you should take steps to rectify the situation, e.g. via appealing and seeking alternative provision from the LA. However, the LA could go down the school attendance order (SAO)/Education Supervision Order (ESO) route if they were not satisfied DS was receiving an education at school or otherwise.

The fully independent school cannot be forced to admit. You would need an offer of a place.

Have you looked at all independent schools within travelling distance, including those out of area? The maximum recommended travel time for primary is typically considered 45 mins but some travel further.

Most ARPs are not separate registered institutions. Therefore, the mainstream school is named in section I and the provision provided by the unit included in F. You need to check if the ARPs are separate registered institutions or not. The schools with ARPs can be named even if the school objects. On its own, being full is not enough of a reason to refuse to name them if they are your preference.

I find this really alarming. Your son is lacking in verbal skills, but you admit you hardly speak, so he's not being exposed to words. Why do you think he would be picked on? You sound afraid of the world and like you're passing this on to your child, isolating him, and denying him an education. Has he ever been to nursery? Can he read? Does he have learning difficulties?