No secondary place, what no?

[Merrymumoftwo]

We are in the unenviable position of having no secondary place for our year 6 daughter. We actually emailed every advised suitable school in London (78 schools) and they are all full or “unable to meet her needs”. She has ASC GDD and anxiety and struggles with transitions. Covid has completely knocked her for six, like many people and we now don’t know what we are supposed to do?
Whatever happens we know September will be a nightmare as she won’t have had time to get to know the new adults coming into her life.

Does DD have an EHCP? Has she ever been permanently excluded? Also, are you wanting mainstream or special school? Do you feel any of the schools can meet DD's needs?

If DD does not have an EHCP mainstream schools can not refuse admission based on SEN or whether they believe the can't meet needs. The LA have a duty to offer you a place. You can also appeal for individual schools, and without an offer of a place have a strong case even if the schools are at or above PAN. Alongside appealing you should apply for an EHCNA.

The above applies unless DD has been permanently excluded twice. Then schools can refuse admission but the LA must arrange education.

If DD has an EHCP, unless the school is wholly independent the LA can only refuse to name your preference if one of the following applies:

• The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

On its on being full is not enough of a reason to refuse admission, the LA have to prove they are so full it is incompatible. If none of the above apply the LA can, and must, name the school despite their objections.

If the LA have finalised the EHCP with no school you should appeal. If they haven't finalised, push them to finalise ASAP and appeal. Remind them that they should have finalised all phase transfer EHCPs by Feb 15th, and if they don't finalise ASAP you will be forced to begin Judicial Review proceedings.

Despite no school named the LA still have a duty to provide the provision in section F, therefore ask how they are going to provide the provision in section F in September. Have you looked at independent schools? If you start talking of more expensive options you may find the LA suddenly 'find' a place.

If you don't think any of the schools within travelling distance can meet DD's needs would residential work or an EOTAS package?

Apologies @10brokengreenbottles
she has an EHCP
would be a special school
Never been excluded
EHCP has not been finalised, initially delayed until March to enable new school to present at year 6 review at our request on things not going well with allocation of place we asked to go ahead this has not taken place

@Merrymumoftwo

Is this a new EHCP or one that has recently been reviewed?

Not a new one last review was January 2020. Was due to be reviewed this year but postponed until March for Senco from secondary to attend. When one was not given at that time we requested the review be done anyway

So you are awaiting a revised EHCP?
Is the expectation that the new EHCP will name a suitable school?

So you don't even have a draft amended EHCP? And no school has been formally consulted?

A phase transfer AR should have been held early enough for the EHCP to be amended and the secondary placement named by 15th Feb. Y6 transfer reviews are mostly held in the Autumn term.

As you don't have a finalised amended EHCP you can not appeal, and as there is no amended draft you can not push the LA to finalise so that you get the right of appeal. Therefore, you need to threaten Judicial Review - the LA have failed to amend the EHCP by the phase transfer deadline, haven't held an AR in over 12 months and are frustrating your right of appeal.

Alongside this ask how they plan to deliver the provision in section F in September.

There is no provision named in section F it is currently blank (we were sent the draft awaiting the review meeting) they sent her year 5 paperwork to the schools we both submitted by deadline and then every subsequent one since.
The year 6 review was scheduled before 1st March, when secondary provision was named but did not occur. Since then we have emailed every appropriate setting in London advising the council which had spaces and which said they were full. They then contacted the LA those schools were in submitting the paperwork for her to be considered and the cycle continued until every school submitted replied, leaving no other options. Schools applied to included independent (free/private) and maintained they never restricted what names were submitted.
We have insisted yet again for the review to occur even if no school is named. The year 5 paperwork had a named school which refused her as significantly oversubscribed

What a mess! Your LA have it all wrong. The only thing correct is the LA not limiting the type of placement parents can request, which would be unlawful.

You should not have received a draft plan prior to the AR. The review meeting should be held before the amended draft is sent. Was it definitely a draft amended EHCP and not the information circulated prior to ARs? If it was the draft, the LA must send the finalised version within 8 weeks of the draft.

The Y6 review should be held prior to finalising the amended EHCP by 15th Feb, not after.

Section F should not be blank. Even if there is no school named in section I section F should include all the SEN provision.

As I posted above, being full isn't enough of a reason to refuse to name your preference. Unless the school is wholly independent (is it?) the LA can only refuse to name your preference in the 3 circumstances I posted above, and the LA can, and must, override the school's objections. Focus on your preferred school rather than lots of schools.

Do you mean the Y5 AR paperwork rather than the Y5 finalised amended EHCP? Because if it is the latter unless wholly independent if a school is named in section I it must admit the child.

You need to threaten Judicial Review, that should get the LA moving.

Thank you we will go back to them

@Merrymumoftwo

I can't believe what I'm reading here. Your LA has breached its statutory duty more than once and is guilty of gross maladministration causing your child grave injustice.

As PP said, as your daughter is in Y6 this is a phase transfer and the LA should have reviewed the EHCP in good time (usually in the autumn term prior to transfer)to ensure the Final plan naming the secondary school was issued by 15th February of this year. (Send Regulation 18)

The LA has also breached its statutory duty to review the EHCP within 12 months of the last Annual Review being completed.

And as for sending the draft plan before the review meeting with a blank Section F, words fail me.

I suggest you use the model letter here to the Director of Services in your LA complaining about their failure to carry out the transition review in time and threatening JR.

www.ipsea.org.uk/annual-reviews-in-advance-of-a-transfer-between-phases-of-education

With regard to schools have you looked at Section 41 schools and wholly independent schools?

www.gov.uk/government/publications/independent-special-schools-and-colleges

www.specialneedsguide.co.uk/

Further information here:

www.ipsea.org.uk/choosing-a-schoolcollege-with-an-ehc-plan

@Ellie56 thank you and yes all schools have been considered

[quote Merrymumoftwo]@Ellie56 thank you and yes all schools have been considered[/quote]
So have you found any that you thought would be suitable? (Regardless of whether they said they were full.)

Yes we found a couple, the local authority have said they are appealing the response to the latest one

Unless the school is wholly independent (is it?) the LA do not need to appeal the school's response. They can, and must, name the school regardless of the school's objections unless one of the above 3 exceptions applies.

Just a quick update we emailed in regards to all of the above setting out our intention to request judicial review and complain. Today she has a school! Thank you all if I could reach out and hug you I would!

Brilliant! Is it your preferred school?

Yes absolutely perfect for her

Yay! so pleased for you and your DD.

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