Am I going nuts? The LA can't pick a school place that starts in September can they?

[senvet]

The Tribunal hearing is not far away. The LA's school can't place friend's dc til the next academic year.

I am sure they can't do this but can't put my mitts on anything that agrees with me.

More cold and flu remedy, more caffeine, and a plea to you all on here

Is it a sn a school? Why can't they join sooner? Pretty sure if it's full they still can accommodate?

yes special school maintained by nearby LA. Parents want indie special. Statement not EHCP.
School is saying 'no'.

Are we back to all stuff about the reasonable adjustments to fit dc in, do you reckon, but just argued by the LA not the parents for once?

IIRC there is a general admission rule that schools don't have to take children until the beginning of the next term but at this stage that would be easter.

Why is the place not available until september? It doesn't make sense. If the child is joining a class that is full then what difference does it make if they join now or in september? If they are banking on another child leaving then that is completely inappropriate as they cant' necessarily guarantee said child will leave

I think the school will have some older kids who are leaving to go on to adult stuff, so in September they will take in more kids.

I think they genuinely believe they don't have the staff or space to take this one more.

But will that affect the class that the child will be in? Is it really a massive deal to stick another chair in a classroom?
I guess if they are already over subscribed then they could argue that they are full but we know that is an argument that shouldn't stand at tribunal.

Oh dear. The parents are rather hoping that it will be a massive deal as it is the LA that are arguing for the full school and the parents want a different one.

Thanks. I will help the parents go on a search for reasons why the LA's choice of school can't make reasonable adjustments.

Under the old law, did it make a difference if the LA was asking to place the child in a school maintained by a nearby LA? My memory is that they had a slightly easier time of saying 'no we are full' than the LA's own schools did.

I think if push comes to shove the LA will force the school to take the child if it means they don't have to pay for an indie placement.
The LA that the school is in has to agree to placement under the old rules iirc. If the schools LA say no then it holds a lot of weight from what i remember.

Does this help at all senvet from schedule 27 (the old rules)

(1) Sub-paragraph (2) applies if a [local authority] are considering—
(a) specifying the name of a maintained school [or maintained nursery school] in a statement, or
(b) amending a statement—
(i) if no school was specified in the statement before the amendment, so that a maintained school [or maintained nursery school] will be specified in it,
(ii) if a school was specified in the statement before the amendment, so that a different school, which is a maintained school [or maintained nursery school], will be specified in it.
(2) The [local authority] shall—
(a) serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and
(b) consult each affected body.
(3) “Affected body” means—
(a) the governing body of any school which the [local authority] are considering specifying; and
(b) if a school which the [local authority] are considering specifying is maintained by another [local authority], that authority.]

Oooh yes. Thanks

I bet they haven't as they are all over the shop

Every little helps

Just checking whether I've got this right: the LA accept he should be in a special school but have only nominated one which won't have a place till September? And your friends are nominating one which has a place now? What do the LA say should happen up till September?

If the LA accept that he should be in a special school, then he needs to be in a special school now, not in 7 months' time. It's basically section 324, I think, the bit about the duty of the LA to ensure that everything in the statement is delivered: there's nothing that says they can put off delivering it until they get around to it. If the child's needs can only be met in a special school, on their argument they will not be meeting his needs before September, so they will be in breach of their duties. A school term in the life of a child with SEN is a long time, particularly given that the reality is that he's been unsuitably placed for a long time so has already been harmed by this.

Your friend needs to make it clear, if possible, that the current school just is not viable even if the LA bolts on a few extra provisions, so it would harm the child if he has to stay there till July. She needs a tight part 3 which makes it clear that neither the present school nor the one the LA wants to name can meet its requirements. If the LA try to lean on the special school to take him early, she needs to make the point long and loud that the LA special school clearly thinks it's too full to be able to meet his needs and that they're right.

yeah the LA are saying pretty much that the present school is OK with some extra stuff and then the other school from Sept, if the tribunal insists.

It is down to money as usual.

They can't rationally say that he needs a special school but actually mainstream will do. If the current school is OK then logically it would still be OK in September. But your friend is going to have to emphasise that it's not OK to leave her child somewhere inadequate for over a term, as well as demonstrating that the LA school isn't adequate either.