Sen school placements _EHCP CONSULTS

[butterfly0202]

Hello , both my children have specialist named in their ehcp as settings . I have received some of the consults back from the independent specialist schools the LA have sent for consults and all have said no - stating either they can’t meet need , their age doesn’t suit cohort , or distance is to far for them - I believe there are still some consults to come back , I’m not sure what other schools have been consulted with as from the ones they have sent back it only looks like they have consulted with independent specialist so far - but what if the other schools also say no ? Where do we go from this ? Will they be off school for a further year ?

Do you mean special is named as type in section I but there isn’t a specific placement named? If so, did you appeal when their EHCPs were finalised?

Do you have a preferred placement? If so and it is one of those already consulted, is it wholly independent or a section 41 independent? If so, there are only limited reasons the LA can refuse to name the school, the bar for not doing so is high and the school can be named even if the school objects. The LA may name one of s41 independents (or another type of school they can name anyway e.g. an academy, free school, NMSS, maintained).

It is worth you contacting the schools directly or any you think may be consulted. LA consults are notorious giving an inaccurate &/or incomplete picture.

Even if there isn’t a resolution for September, it doesn’t have to mean no school for a whole year. DC can start mid year. And even if there isn’t a school named the LA is still responsible for education and anything in the EHCP.

We moved from one area to another due to personal circumstances at beginning of year . my boys were previously in a SEN school , their ehcps got transferred over to new LA . Their case worker emailed me to tell me that she had spoke to her managers and the managers agreed they still need a speaclist placement . My preferred placement is a brand new Sen school and although they state they take from 5-16 the LA say their not currently taking anyone in from under year 5 I assume their doing staggered intakes as it’s a new school so that’s out of the picture .thank you I will look at contacting schools my self .

When you move LA the new LA becomes responsible for the EHCP and the provision within it. The LA should be providing the provision in their EHCPs. If it isn’t feasible for DC to attend the school named, the LA should still be providing a full time education.

Have you had ARs since moving yet? If not, when will it be?

Thank you , No they had one just before we moved and the new LA hasn’t done another AR and hasn’t provided them with any sort of education since moving . I’ve asked about education whilst finding a school but they never provided me with anything or a response about education whilst they find a school .

The LA has a duty to provide the provision in the EHCP and an education even if it isn’t practicable to attend the old school. Depending on the individual circumstances this may be via a school or via alternative provision. If you are being ignored, email the Director of Children’s Services. You could also email the Monitoring Officer. If that doesn’t work, you need a pre-action letter.

The LA should have also informed you when they are going to hold an AR by now. You should chase this too.

Have you contacted your MP, @butterfly0202 ? Some aren't helpful but mine would definitely try to help in this kind of situation.