Moving to a new authority- residential school implications

[Frustrated2003]

Okay here goes:

After a lengthy battle got my son a decent statement and into a residential specialist provision. He is doing really well and has settled into this school, now since my son has been in this school which is only May, I have been offered the opportunity for career wise that also comes with a 25% pay increase, which will also benefit my son and logically I cannot really turn it down, plus I would be one hour closer to him, so not 2.5 hours like I currently am.

However, the new authority are saying that they would not agree to fund the place and would look to pull him out immediatly, and place him in house, now are they able to do this and would I have recourse to judicial review as we all know this would be about budget and not neccessarily the childs interests, plus the school my son is currently at have several children placed there by the new authority??

Help and advice appreciated.

Caroline

I'm horrified that they have suggested doing this to you at all!!!
I fail to see why moving home has any bearing on your DC's placement needs at all!!

I might suggest phoning SS about this and maybe seeking some legal advice about this awful threat to your DS security and education.
Have you spoken to support within your DS school yet? I'm sure they may be able to help you too.
This seems wholly inappropriate and not right at all....
thinking of you and so sorry you are faced with this situation (hugs) x

Hmm, have had similar with an adult in residential care - it's all about being "ordinarily resident" and who pays, and I think your new local authority are within their rights to do this. It will cost less for them to provide in-house support than a residential school.

As I said, this was for an adult, so no statement involved. Also in Scotland
so different laws etc, but the principle is that the local authority where the person is ordinarily resident pays.

So ask the what placement they woukd stick him in then and get it in writing. My guess is just that they are trying to put you off moving.

Also, ask under freedom of information if they fund anyone else there.

they can do this sadly - it happened to me. when you move into county they can completely reassess and if they can argue that a school closer is better then they can move to name it on the statement - at that point you appeal and he has to stay where he is. i didnt follow this advice and wish that i had - you need to speak to ipsea and prepare yourself that you may have to go to tribunal to keep him there. on the plus side the school will be on your side but im guessing the LA are going to try and argue they have a suitable school in county and is therefore cheaper and would be a more efficent use of resources. its a horrible position to be in - my son ended up coming out of an asd specific special school and going into a mainstreeam school with part time support - i had to do judical review as he statement named a unit placement which he didnt get and it also turned out the lea had not transferred his statement correctly into county - in the end the lea moved him into the unit and my relationship with them and school ruined - in hindsight i would have left him where he was and gone to tribunal as by the time it got there he would have been in year 6 and the new lea would probably have let him stay but i trusted them. you need to get advice