Refused special school of choice

[lifeonhardmode]

Hi,

DD aged 11 has been in a local authority Special School since she was 5. Over the past couple of years she has found it more and more difficult to handle the environment. She has refused school for months. She eventually returned and was happy then given another teacher and another classroom. Her anxiety and autism got so out of control that the school thought she had a mental disorder and had her referred to CAMHS. They took her out of her classroom of 5 students and put her in a room on her own with a dinner lady and a TA. They stated they were not providing her an education and their entire day was taken up trying to ease her anxiety. She was in the room every school day for 11 weeks. We were told it was temporary. Eventually, we had an emergency ECHP meeting and it was agreed that the school was no longer suitable for her needs. We discussed the type of school that would be suitable (autism specific, space to move, small class sizes, one to one attention). The local authority representative didn't bother to show up to any of the meeting we had regarding this. At that point (May), I took her out of school and kept her at home. The school were ok with this but she would remain on their books. I found a perfect school which is an independent, autism specific, farm school (animals help with her anxiety). Now it is September, the LA are telling me that they believe an area school will be suitable and they are waiting to hear back from the ones they are considering. The schools they have listed are large schools, class sizes of 10 or more students, non autism specific. I am genuinely at a loss for what to do next. DD is having meltdowns every morning because her siblings leave for school in the morning and she doesn't. She really needs to be in school and the way it is going, I think we are in for a long hard wait and a long hard battle. I don't even know how to fight this. Any advice?

Get your local IASS involved. Use the law. Use what your DD’s needs against what they’re suggesting and explain why it cannot support her needs.

If you are clear and very specific, saying previous school said these are her needs and the school you’ve found can support them, they won’t have a leg to stand on I wouldn’t have thought.

Yeah see I’ve done all of that. They had the reports from CAMHS and the ed psychic and her previous school but none of it seems to matter they just keep suggesting the same type of schools as she went to before. I’ve explained repeatedly that she needs an autism specific provision in a small school as the broad spectrum large school that she previously went to caused her so much stress that the school thought she was schizophrenic which is what started this whole thing. The LA just don’t want to know and keep passing me from
Pillar to post and saying that there is another panel meeting and then they are waiting on schools to reply back to them and so on and so on. We are just at our wits end with it.

I know parents in a similar situation to you have got the Ed Pysch to go into the suggested placement and then write a detailed report on why it wouldn't be suitable for their DC and not able to meet their needs.
And how their preferred placement would.

It's hard then for LAs to argue against that in Tribunals.

Others have got solicitors involved.

All very unfair and costs ££.

Go to tribunal, there is an independent school for Autism locally that is very good, but the LEA turn a lot down due to cost, those who have gone to tribunal for this school, have been sucessful.

Get them to reissue the ECHP naming the school you dont want, so you get the right to tribunal.
Then you will need stuff in writing from all professionals, including old school, detailing what DIDN’T work before, the effect it had, and what provision she needs instead.

Then you will need to show why the named school can’t fulfil their specifications.

I’m sorry, it must be so hard.

After the emergency EHCP review meeting did the LA issue a draft EHCP which included all the recommendations from the meeting - ie autism specific, space to move, small class sizes, one to one attention?And were you asked to name your preferred school?

Hi,

No the LA didn't even show up. I am under the impression that they are slowly drafting up the new EHCP. Who knows? They just keep telling me different LA area schools that they are in consultation with. They say every time that they are waiting on a reply from them. How much longer can this go on? This morning she had a meltdown and then climbed over the fence to "go to school".

Ok, so after the annual review the host (which in your case I think would be the school) have to issue a report to all attendees and the LA within 2 weeks which includes recommendations for any change to the plan.

The LA must then respond within 4 weeks of receiving the plan on whether the plan will remain unchanged, will be changed or will cease.

If your case it sounds like a change of placement is happening.

You then have 15 days to respond with your views - so in your case naming the school you would like.

Then the LA have 8 weeks to consult / change the plan and issue you with an amended plan.

If at this point the school you want is not named you can appeal at Tribunal / go to mediation.

It all feels like a painfully long process and don't be afraid to remind them of their deadlines.

Hope this helps.

Also - if they miss deadlines then I believe you can go to Judicial Review because the deadlines are statutory.
Just the threat of JR might be enough to get them moving.

Ipsea have some good resources on this. You could book a phone consultation with them too:

www.ipsea.org.uk/Handlers/Download.ashx?IDMF=9d5658ea-7b0d-4e0b-8811-29ae2c31569a

Just because they are "waiting for a reply " does not mean the LA can ignore statutory timescales. And yes if they don't follow the law, you can go to JR.

When was the actual date of the Emergency Review meeting?

Marshmallow has given you some good advice - I believe the LA are acting unlawfully, as they are not providing an education and it seems following anything like the proper procedure.

You can get legal aid for judicial review - in the child's name.

First step though, would be to ring IPSEA or SOSSEN and talk through your situation with them, so they can advise just how unlawful the LA are being.

If they had followed proper procedure, you could take them to tribunal, but it seems that they have not only failed to provide a proper education, but also denied you your right of appeal to the tribunal.

Ringing IPSEA or SOSSEN will help establish just what they have and have not done. If you are not familiar with the system, this would be the first place to start - they've been very helpful to me in the past.

Good luck/x