Still no Secondary Place on ehcp

[Onmyownwith4kids]

My son is in Year 6. Ehcp was finalised in March (new ehcp after tribunal so usual deadlines did not apply). I have a specialist place for him. LA have consulted this School and they have said they can meet needs. Two mainstream Schools and a specialist unit have now said no to the lA consultation. The LA went back to both mainstream and offered more resources but both said no he needs a specialist placement. Next week they are going back to one of the mainstreams to meet and discuss provision (try and bully them into taking him) They are determined not to name the specialist school. I have lodged an appeal but the date if after the start of term in late September..Has anyone else been in this posistion of no named school this late on and a Local Authority determined not to back down..Can they consult more Schools (there are no others nearby they can go to now) if they get another no. I just want and end to this but feel it will go all the way to tribunal

Unfortunately, yes they can. Keep reminding yourself the tribunal will see through the LA's game playing and desperation.

Have you asked the LA what their plan is for delivering the provision in section F in September?

Is the school you want wholly independent?

It is completely independent but lots of authorities use it and he has been through the assessment process and has a place. Does it make a difference. No other School have said they can meet his needs. They have a meeting with the mainstream school that have said no twice this week so I would imagine that will be the School that is now named even though they have said they are absolutely unsuitable twice..How long can this go on for. I assume once the summer holidays are here they are unable to consult with anyone

Being wholly independent means the onus is on you to prove the LA's preference can't meet DS' needs or that it isn't unreasonable expenditure. Do you have evidence that only that school can meet DS' needs? Whereas, if it wasn't wholly independent the LA could only refuse your preference if it is unsuitable for the child's age, ability, aptitude or SEN or incompatible with the efficient education of others or use of resources.

The LA could continue right up until the hearing. I believe a poster last year had the LA continue consultations until the final hearing. But, in the end she won and the section 41 school was named.

I understand I have to prove their School is not suitable but they don't even have one at the moment..Five weeks off the end of Primary School. They've been consulting schools for three months now so it seems unlikely there is anything out there. I will be really cross if they name a School that has said twice they are utterly unsuitable..Surely that would not look good at a tribunal as I have copies of those responses

It won't look good, and the tribunal will see through their games. But, I would work on the basis that they are going to name one because in theory they can name a school despite their objections.