Asked for parent contribution to SENAT panel hearing re change to independent setting

[SilenceInside]

We are currently in the process of finding a new setting for my DS who is autistic and has an EHCP. He’s currently in a mainstream primary going in to Y6 in Sept. The school and us as parents agree that he isn’t making progress even with the many adjustments which the school have been implementing. We would like to move DS to an autism specialist school with an academic focus, and there is an independent one in the neighbouring LA that we feel would suit him. There are no mainstream primaries that would do a better job with him, and as far as I am aware there are no maintained autism specialist schools that would suit him.

I’ve been asked to write a short bullet point list for the SENAT panel hearing to decide if the LA will agree to send DS to an independent school. As in, it’s financially justifiable. I am unsure what sort of input they want/need from us as parents. I would be grateful for any advice on what sort of thing the LA is looking for? I would normally ask the SENCO at DS’s current school for ideas but as it’s not term time I wouldn’t expect her to respond.

Is the school wholly independent or a section 41 independent?

If the school is wholly independent, you need to show the LA’s proposed school(s) can’t meet needs &/or isn’t unreasonable public expenditure. In your representations, you can show your proposed school can meet needs and any school the LA has/may put on the table can’t by looking at B&F and referencing the evidence because the placement named in section I is the logical conclusion of B&F. B + F = I. You may not need to look at the latter, but if you do, make sure you look at all costs. You also need an offer of a place.

If the school is section 41 independent, the LA must name your preference unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs
-Attendance would be incompatible with the provision of efficient education for others
-Attendance would be incompatible with the efficient use of resources.
In your representations, you can look at why this school can meet needs, why others the LA has/may put on the table can’t and show none of these apply. You can do this by looking at the EHCP as above and information about the school. It helps to speak to schools, but that might not be possible right now. Some schools will still answer emails during the holidays, so it might still be worth emailing. Although if the LA relies on one of these, they have to prove it and the bar is high.

@inthequietofdawn thank you so much for your reply, really helpful, thank you.

The school we want is not section 41 approved. I don’t think the LA has proposed any specific school at least that hasn’t been communicated to me. The LA are not being obstructive or difficult, or suggesting other schools. It’s more that I need to show that this is definitley the most appropriate setting for him, and is somehow cost effective. Which considering I don’t know what the costs are as a parent, makes that tricky.

This is probably me being dim, but what is B&F and I?

I have visited the proposed school, so has the current school SENCO and the proposed school are in the process of arranging the assessment process as per their admissions. We are not yet at the point of being in the position for the proposed school to offer a place.

One thing that I thought might be relevant, is that although the school is in the neighbouring LA, we are near the border and it’s not very far from where we live. I would expect to drive my DS there myself rather than rely on any LA provided taxi service, which I know costs a lot of money. Is that something worth mentioning - that I am willing, able and fully expect to do the drive myself, in fact I would prefer that to putting him in a taxi.

By B, F and I I mean section B (special educational needs), F (special educational provision) and I (placement) of the EHCP.

The LA may not have consulted schools yet, although they don’t always tell parents when/who they consult, that’s why I said /may put on the table. You can usually have a good stab at guessing at least some of the schools they may consider/look at and make sure your case stands up to that.

Looking at B&F and referencing your evidence will help you should why your preference can meet needs and why others can’t. Looking at the costs, as in whether it would be unreasonable public expenditure, should only be considered if there are two or more placements who could meet needs. I would think very carefully before agreeing to the school being named with the caveat you will transport DS, you do not know what the future holds. Even if you wouldn’t want a taxi, you may want/need a personal transport budget at a later date.