Starfish,
Corny is quite right, your LA are really mucking you and your family around.
Firstly, when our ds' case went to panel, they decided on the day and I got told decision over the phone the next day. It's unacceptable that they keep you hanging on if they have made a decision and that they have not returned your emails. I would ring up and insist on being told as a minimum if the panel have reached their decision already and, if not, when it is due. If they have decided, they need to tell you straight away, there is no justification not to. It may take time to write up a report, but it takes seconds to tell you a yes or no. If they are still being unhelpful you remind them that the SEN code of practice emphasises the LA's duty of communicating effectively with parents as key to the statementing process.
Secondly they are acting illegally by not providing home tuition for your ds while sorting out another suitable placement.
link here to the key government guidelines:
"Access to education for children and young people with medical needs"
www.education.gov.uk/publications/eOrderingDownload/DFES-0732-2001.pdf
key quotes:
"Section 19 of the Education Act 1996 provides
that, ?Each local education authority shall make
arrangements for the provision of suitable
education at school or otherwise than at school
for those children of compulsory school age
who, by reason of illness, exclusion from school
or otherwise, may not for any period receive
suitable education unless such arrangements
are made for them.?
Groups covered by this guidance
1.1 This guidance applies equally to all those pupils
who are unable to attend school because of medical
needs, both those who are physically ill or injured
and those with mental health problems. Particular
care is needed to ensure that there is adequate
provision for pupils suffering from mental illness.
Pupils with mental illness, anxieties, depression
and/or school phobia, including separation anxiety
and school refusal associated with depression,
which prevent them from attending school, may
need support from specialist mental health services.
LEAs? responsibilities towards pupils who
are unable to attend school because of their
medical needs should ensure that:
? Pupils are not at home without access to
education for more than 15 working days.
? Pupils who have an illness/diagnosis which
indicates prolonged or recurring periods of
absence from school, whether at home or
in hospital, have access to education, so
far as possible, from day one.
? Pupils receive an education of similar quality
to that available in school, including a broad
and balanced curriculum.
? Pupils educated at home receive a minimum
entitlement of 5 hours teaching per week
This is a minimum and should be increased
where that is necessary to enable a pupil to
keep up with their studies. This is particularly
important when a pupil is approaching
public examinations.
Whether the child or young person is able to
access this entitlement will depend on medical
advice, and perhaps more importantly, when
they feel able to cope with it. The right balance
must be struck between encouraging pupils to
study and recognising when they are not well
enough to benefit from teaching. This must be
kept under regular review
This guidance was reinforced in the recent updated education act which emphasised that all children regardless of their circumstances are entitled to a full-time education equivalent in quality to that of their peers.
There was an article in the Times Ed Supplement last autumn which highlighted how many LAs are ignoring this legislation with impunity. I'll link to it later if I manage to dig it out.
LAs get away with this because the guidance is not well known and certainly not promulgated widely by either schools or LAs.
Sorry this is a bit of a rant but I've been where you are now and it's not pretty and certainly not fair for our dcs.
Good luck and let us know what response you get.