Worried severely autistic, non verbal child will end up in mainstream secondary

[Mirrorsandsmoke]

DS is severely autistic, completely non verbal, mentally and emotionally like a 2 year old.

The last few years we have been asking the LA to consult many SLD provisions however they either can't meet his needs, or they are over subscribed therefore cannot offer a space.

We are so worried that if there is no progress then he will end up going to a mainstream secondary school as there are no SLD provisions that have space.

What are our options?

We have been reading that even if we don't list mainstream secondary when choosing schools, the LA can consult them. Apparently the bar is high for a mainstream school to say no, and they have to prove they can't meet the needs (might be wrong but this is what I read) Seeing how DS is we are terrified of him going to mainstream and SLD provision is definitely the place for him

Can we say no? Is it likely the LA will place him in mainstream if no SLD provisions have space?

I’m a SENDCo in a mainstream secondary.

Which LA are you in?

I can’t speak for other LAs, but, in Devon:

• the LA will ALWAYS consult with the designated (catchment) mainstream school before specialist settings. Even when, in the Y5/6 annual review it is very clearly stated that specialist is required and preferred. In Devon, they seem to wait for mainstream to say no before consulting specialist.
• if there are no specialist spaces, the designated school ends up being named temporarily ‘whilst casework is continued’ to meet their deadlines
• we have had a case this academic year where student appeared on our list to start in September in the allocation list in March (this terrified parents); the student then had a specialist setting named before September and were not on our roll
• conversely, we have said no to many students and the LA name us anyway, say we can have some more funding (but never enough) and suggest we send them to Alternative Provision or that actually were wrong and we can meet need
• generally, specialist school ‘no’ responses are upheld, but mainstream ‘no’s aren’t. However we have had one success where a specialist was directed to take a student despite them saying no - this seems very rare though & was perhaps due to my constant pestering 😅

My advice would be:

• absolutely do NOT get drawn into giving a mainstream preference - ‘oh but if it was a mainstream which one would you choose?’ As soon as a mainstream ‘preference’ is given, this is named in Devon. Even if this is really not in the students best interests
• keep communicating with the case coordinator and your SENDCo - lots of emails asking for updates from the LA for the outcome of consults
• if a mainstream is named, prepare to appeal section I of the plan
• if you have any upcoming professional appointments and they write a report, ask them to be specific about the sort of education environment your child needs - this can be added at the next annual review and provides additional evidence

Generally though, if the LA have ‘decided’ a plan is specialist and they have consulted with specialist already, it is unlikely a mainstream will be named. I have had consults for students that sound similar to your child; I have said no and the LA have not bothered me again with any follow up - they have been placed in specialist.

I would say it sounds very promising that the LA have accepted your child needs specialist provision and highly unlikely they will force a mainstream on the plan.

Good luck!

Thank you so much @ThisDreamyTealSnail for your detailed response. I really appreciate it. I will definitely be taking your advice. It is great to have a SENDCo's perspective on this!

If your preference is not a wholly independent school, 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.

Unless the LA can prove the above, the LA can and must name the school, be that mainstream or special school, even if the school objects when consulted. LAs direct both MS and SS to admit despite objections when consulted. It isn’t only mainstream.

Being full is not defined in law, and on its own being ‘full’/oversubscribed/no space is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar is high. Higher than LAs and many schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”.

The rules for independent SS are slightly different. Is your preferred option wholly independent or not?

Have you looked at all options within travelling distance (for secondary, 1hr15 is typically considered the maximum journey time, although some travel further), including those out of area &/or independent?

If SS has been your preference for a few years but the LA hasn’t named one, have you appealed?

You should have a phase transfer review meeting this term. Before this it is a good idea to go through the current EHCP and evidence so you know what needs amending and if you need any further evidnece.

The AR process should be as follows:

1. Updated advice and information must be circulated at least 2 weeks prior to the AR meeting.
2. Then you have the AR meeting.
3. Within 2 weeks of the AR meeting, a report must be circulated.
4. Within 4 weeks of the AR meeting, the LA must inform you if they propose to amend or not. They have to for phase transfers. They must send the amendment notice/draft/notice of amendment/proposed amendments (whatever the LA/you want to call it) at the same time and you must be given at least 15 days to comment on the amendments and state your preferred placement.
5. Then the LA must finalise within 8 weeks of sending the proposed amendments. And this must also be by the 15th Feb.

Some LAs like parents to complete their own admission form. You don’t have to/didn’t have to. Such forms do not override the above review process and, if you completed one, the preference you state following the review meeting doesn’t have to be the same as the one you stated on the form. You don’t have to state more than one preference and you don’t have to state a mainstream preference.

If a school is named that you do not agree with, you can and should appeal. Don’t be fobbed off by the La saying they are still looking for a space and will amend again at a later date. There is no guarantee they will. Submit an appeal then they can always concede. You should appeal sections B&F as well as section I. That is because the placement named in section I is the logical conclusion of B&F. B+F=I. They shouldn’t but it is also likely that the LA has written B&F to support placement in MS.

You would also be free to make your own arrangements if you wish.

The LA can consult with mainstream even if it isn’t your preference. LAs don’t always consult MS.

It is a good idea to proactively contact any schools you know have or will be consulted or any you suspect may be consulted to ensure they have a full and accurate picture.