School problems

[cremeegg]

My son is 9 and attends a special school. 7 weeks ago the school told our LA that they could no longer meet my sons needs. I have been chasing the LA but thus far had no luck.

My sons is non verbal and uses an ipad to communicate. He can make sentences and at home communicates well enough to get his needs met and for some basic social interaction. This has been achieved by consistent modelling. We use another identical device to communicate to him. The issue is school do not do this or model say 10 things the entire day. We communicate through the device full time.

My sons behaviour at home is excellent. We have been able to introduce language so he can tell us what is wrong. This has avoided violent behaviour. At school is another story. He attacks other pupils daily, throws his ipad and even throws chairs at staff. The school do nothing and don't engage with us as our relationship has become so bad.
Recently my son has started refusing to use his ipad at home. This started before half term, was resolved whilst off school and has begun again now he is back at school. This is meant we are seeing violent behaviour which we hadn't been seeing.

What i would like to know is can i remove him from school? I don't want to take him off the role as this means the council don't need to explore options. Will i get into trouble for not sending him? At this point i really don't care and want only what is best for my ds. Does anyone have any similar experiences? Or insight? Surely i shouldn't have to send him if they have admitted they can't meet his needs?

Sorry for the long post!

I think you need to look at another school possibly an independent special school and ask the LA to name it. Ask for an urgent review of the EHCP. I would avoid taking him out of school if you can. The school saying they can't meet needs puts pressure on LA to find an alternative school and helps you if you can find a suitable school that can.

Thanks so much for your reply.

We had an urgent review almost 8 weeks ago. The school told the la they can't meet ds's needs. We asked for a school move and gave 2 suitable options. Both of these options are independent schools. I've been chasing the la ever since and stil nothing has changed. They keep say they are busy or are waiting for further information from the school.

I've been trying to avoid removing him but with his behaviour being as it is and him beginning to refuse his communication aid i don't really see what choice i have. He is literally attacking other children everyday. He has never attacked another child in my care. I feel a responsibility to safe guard the other children as the school clearly isn't.

If you can afford it I would get a bit of legal advice. I used Fiona slomovic. She is not at solicitor but does lots of work at tribunals etc. She is much cheaper than the big legal firms and is very straight talking. You need the LA to issue the new EHC plan and finalise it so you can appeal for the school you want. Have either of the schools said they can offer a place yet?

Write to the LA pointing out that they are currently in breach of their legal duties as they know your son is in a school that cannot meet his needs. Ask they to tell you within a week what their proposals are for rectifying that, and say that if they don't you will apply for judicial review.
www.sossen.org.uk/admin/resources/website-jr.pdf

Thankyou for the advice everyone!

Good Luck OP, hope you get what you need for your son and that he can thrive in the right setting. Behaviour seen only at school like this would point to clear evidence of unmet needs of the child x