Feel like I'm just going round and round. Help.

[Iamsailing]

DS was issued a NIL in April after a 2 year battle. I wasn't happy with this, but after a lot of meeting with SENCO and LA decided to see if it would work,on the bases that the LA said the school have the funds to support DS.(lot's more to it then that but that what it came down too.)
The last week of term SENCO called me into school, to go through the last Learning Support assessment. DS has made no progress at all through the school year. He is on P levels and will be going into year 5 September. They have followed the NIL and done extra but nothing has worked. SENCO said we will now have to think about what to do next, because they have spent their budget and more on DS without any progress. We discussed my feeling on SN schools, but my understanding is DS will need a statement to go to SN school.
I'm so confused I just want the best for DS.

ok I would have advised to appeal the NIL ASAP, although if it was issued in April I think it is now too late.
As the LA have already carried out a statutory assessment my understanding is that you cannot request another for 6 months from the date the assessment started. If the NIL was issued in April you shouldnt have too long to wait now. I would ask the school to document the lack of progress and list the support they have given. send this with your SA request and if they issue another NIL appeal to SENDIST straight away.

I think by the time school starts again September it will have been more then 6mths.
Will the whole process have to start from the beginning again with the LA?
Will DS need a statement to go to a SN school?
TIA

Unfortunately yes I think the whole process will have to start again as you only have 2 months to appeal the NIL and this has now passed.

if your son is going into yr 5 and you apply in sept you should be in a position to name a ss for secondary transfer. however if you have the evidence that your son really cant remain in ms I think that you can request he is placed in a ss as an emergency placement at the beginning of the SA.

I would give IPSEA a ring and just check that you cant appeal the NIL, as I believe that there are some exceptional circumstances in which you can appeal after 2 months. I would also ask them about the ss placement.

Thank you billiejeanbob