Yes they can / do pay but they won’t want too, unless (in my experience) they don’t have a lot of other choice.
Is the local special school (non independent one) full? Can you find out, give them a ring. If they are, then it gives you a stronger argument.
ie.. well the school you would want to place him in is full and the school I want isn’t. (This is a bit similar to what happened to us) although not always as simple as that sounds, of course.
Ds mainstream couldn’t meet his needs (on maximum funding, 2-1 support, exhausted all other options and have had 3 years of hell with them) but our local special school was / is full to the brim and refused ds a place on consult, la challenged them and they sent load of shit back saying why they couldn’t admit him, so the la told me to look out of borough, I was going to appeal the local ones decision then see the local one had received inadequate ofsted so thought it was a bullet dodged, so we looked at 2 independent specialist schools plus 2 non indie, the 2 non indie were full again but places available at both indie ones, both private were expensive but neither were suitable for ds.
La told me, in fact tried to persuade me to take one of the indie schools with a place, cost started at 40k a year plus transport and 1-1 escort, so god knows what it would of all worked out at annually.
The indie turned out to be not for us, they were utterly clueless on ds and it didn’t fill me with hope so I’ve held tight and we have gone for a maintained school 30 minutes away that have experience with autism, that initially said no as full, although worded in the legal manner (can’t just say no we are full) but that have now finally come back and said they have a place and can meet needs (he starts September)
Are school prepared to back you on specialist etc? Was fairly easy for us as mainstream didn’t want ds and made sure they wrote everything they possibly could to get rid of the kid.
Not sure your LA route, I know they all make their own rules up so it seems! but our LA it has to go through a panel for special school, so his mainstream had to evidence everything why mainstream was no longer suitable (they sent in a tonne of paperwork) la wanted up to date EP assessments and the panel had to meet and decide on whether mainstream could be continued with any additional support / increased ehcp banding or if SS was now needed.
I don’t envy you
it’s mentally drained me this past year of all this, good luck with it all x