can the LEA do this?

[searchengine]

DS 10 with a dx of ASD & ADHD. We have also been told he is almost certainly dyslexic, but they won't diagnose. School/EP have identified he is four years behind (not sure of the levels) . He has an EHCP plan (which we fought for) and since then he has been fairly well supported at primary

Fast forward to year six and we have just been turned down for a place in the ASD unit at school 'A' (mainstream secondary) we were told by our current Head that this would be the best placement. Not only that, but the LEA have named school 'A' on the EHCP (without a place in the unit)

My question is can the LEA do this? What alternatives do we have?. We have identified a special ASD school, but they won't even allow us to visit until May

Lack of space, according to the letter

At this point on time the LA have to name a school but you can appeal against the placement.

I am guessing a place in the unit was not given because there was not enough space rather than couldn't meet needs but this is not a valid reason for the LA not to meet your sons needs. So IF your son needs an option and there is not space in the LA's provision then they have to look at out of borough or independent placements & you have good chance of winning at appeal.

Did the LA or the school say you couldn't visit till May? We approached schools independently of the LA although some did say we could only visit if the LA had agreed an out of borough placement. We had a battle for ds1's secondary placement and it was only agreed a week before the end of the summer term so no transition which was not ideal but at least we got the right place for him in the end.

As the head sounds supportive, could you ask him/her to contact the ASD school to try and arrange an earlier visit? It may add a bit of weight iykwim. Is school A your closest secondary?

Thanks everyone for the replies, we will look at out of borough options and also see if the head can arrange a visit to the ASD school.

zzzzz - we did visit school A and had some reservations but the women who runs the unit is excellent, We were also advised to put that particular school as our first choice as it is in our borough (advised by Ipsea type local organisation).

School A is not our closest secondary (it is also Catholic, and we are not) If we were just going to put him in mainstream, it would be to the same school as his sister

Anyway, lots to consider, thanks again

Get an appeal in - it sounds like you have strong evidence that a mainstream school placement won't meet your child's needs.