School say they can't meet need - what next?

[whoami24601]

Autistic DS started secondary school this week. Unfortunately his EHCP came through in July so not enough time to sort his school place before the new year.

We have requested a place in an RP for him but he has had to start the year in mainstream.

Day 1 went ok but he went to meet DD to get the bus home, and the gate was locked unexpectedly so he panicked and had a meltdown - this mostly involves trying to find a space to be alone, but obviously the teachers had to follow him to make sure he is safe. I was called and had to go collect him.

Day 2 I got a call at lunchtime. He is dysregulated and trying to find a space to be alone but again teachers are following him. During this dyregulation he has kicked and thrown things at the teacher who was there as he wanted to be left. I had to calm him down.

I spoke to the SENCo who suggested he spend some time in their Hive classroom next week (he was originally denied access to this as it is for lower ability children and he is very bright).

After school yesterday I had a call to say school cannot meet his needs due to safety issues and so he is not to attend. Is this legal? They were quoting section 19 at me but I'm not sure what that is.

They have emailed the LA to request more specialised support for him and we should find out from the RP this week whether they will accept him. Do we just wait it out? I'm absolutely gutted for him that they have given up on him so quickly 😢

I spent all last night crying and again this morning. He is a clever boy who could do well with the right support but I don't know what we can do!

Any help or advice is really appreciated. Thanks for reading.

Once DH has called, follow up with an email setting out what was discussed so you have a paper trail as evidence.

Good afternoon,

Sorry I have waited until 5pm to email/make contact as I have been waiting on the local authority to come back to me as they are needed in this decision making process and planning. I have emailed them saying the matter is being escalated as per the below.

(Headteacher) is fully aware of this and is calling the LA tomorrow to escalate the matter and then following this we will be in contact to arrange a meeting regarding next steps.

Best wishes

Mr

No-one answered the phone this was the response on email. So he has completely ignored me. I have gone back and said DS will be attending school tomorrow and then laid out what we think his day should look like for it to be the most beneficial.

I'm so cross!

I’m furious on your behalf.

If the school does not back down, I think you need a pre-action letter.

What's that? We have escalated to the Chair of Governors already.

A pre-action letter is a formal legal letter warning you will take further legal action should the situation not resolve. A shot across the bow, if you will. It is a step required before you look at judicial review. That’s a bit simplistic, but you get the idea.

Thanks for that. No response to my email saying DS will be attending. DH will accompany him to school and sit in the office all day if necessary. I'm absolutely furious! I've contacted SENDIASS who are due to call me tomorrow hopefully so we should have some backup then.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

I've just dropped them off. Well have to see what happens. Nervous for DH!

So the RP have come back and said they can't meet need. He'd be too disruptive to the kids already in there. The lady from the RP witnessed some of his meltdown on Friday and I think she's based it on that but that is not typical behaviour at all! With the right support he doesn't act like that! What is next? The LA say it still goes to panel but why if they've said no? Can they still name the RP if they don't want him?

You said the RP is a separate entity; do you know what type of establishment it is? You need to know if it is registered as a wholly independent school or not. I would guess not, but you need to know for certain.

Unless a school is 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
-Attendance would be incompatible with the provision of efficient education for others
-Attendance would be incompatible with the efficient use of resources.

If the LA can’t prove one of the above, the school can and must be named even if the placement objects. The bar to prove one of the above is high. Far higher than LAs and many placements admit. The school is trying to argue the second. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. You should ask questions about specifics. Normally LAs rely on vague reasons but that isn’t enough. For example, start by asking questions such as what children? What incompatibility? Is it really incompatibility with efficient education or only incompatibility with providing an education in excess of what is considered an efficient standard of education? Could anything reasonably overcome the incompatibility?

How's it going OP? Has DS managed to get back into school?

Hi sorry I've been MIA this week. I'm back at work so trying to juggle! DS went into school on Tuesday and had a really good day. He went to the breakout classroom (which we requested) and has been in there all week. Reports that he is happy but he's not accessing much in the way of lessons. That's fine for now, I just want him to be in school and happy!

School haven't admitted they were wrong but surely if they knew they were right they wouldn't have let him in?!

We hear back about the RP on Monday so we will cross that bridge when we come to it. I am realistic but quietly hopeful 🤞

That's definitely progress, well done both of you!

It’s great DS has been in school and happy.

Of course the school knows they were wrong. They were hoping you wouldn’t know or if you did, you wouldn’t challenge them. Well done for standing up to them.

If you don’t already have it in writing, I suggest you send an email recapping the week so you have a paper trail as evidence should you require it. For example, to show DS hasn’t been in lessons this week.