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34 replies

zUser274 · 15/06/2021 23:11

Advice needed please.

DC is having an EHCP issued for first time. It's going to name current placement for half a year and then early annual review to transfer placement to another school.

How long does an annual review take please and what does it involve? Will we need new EP report etc?

Want to get the date of review written into EHCP now, hence asking how long a review takes.

Thanks

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10brokengreenbottles · 16/06/2021 09:39

How old is DC? Is it a phase transfer year? Is there a reason the school can't be named now?

Here are the AR procedures and timescales. The LA have 4 weeks afterwards to decide if they are going to amend the EHCP, or not. Unfortunately, if the LA are going to amend the EHCP after an AR there is no time limit on how quickly the LA should send the amended draft, only that the process should begin "without delay". Once you have the draft the LA must finalise the amended EHCP within 8 weeks.

Very unlikely you would have another EP assessment so close to the one done for the EHCNA.

The LA can refuse to hold an early review and you don't have the right to appeal then. Even if they do agree there's no guarantee they will agree to name your preference.

zUser274 · 16/06/2021 14:37

Thank you brokenbottles

So if I understood you right, from the date of the annual review meeting, the LA must decide within 4 weeks if they will amend the plan, and then a further 8 weeks max to issue draft changes and parents make representations?

Ie 12 weeks max total from review meeting to issuing amended plan?

It's not a phase transfer. DC is in KS1. DC has ASC and didn't have a dx or EHCP before starting reception. There was a badly managed situation in the mainstream class and DC began to refuse school. The school has an embedded unit for sensory impairments and they took DC in (without funding) to re stabilise DC. The unit environment worked v well. We applied for an EHCP with view to getting DC a place in an autism unit, but the only one within reach is oversubscribed and LA refuse to name it. We could try at tribunal but want to avoid tribunal if possible as under a lot of pressure already at present (younger DC also just dx ASC, imminent house move, DH made redundant few weeks ago).

DC has stabilised well in unit and we want to transfer him to a very small mainstream near new house which has a suitable sensory environment. LA say they will find 32.5h TA to access ms. New school / unit feel DC needs 2 more terms in the unit to allow time to settle after house move, then transfer to new school with 1:1.

LA previously refused to name Unit as a long term placement (guessing they think it would set precedent for other ASC kids to be placed there in future). So need both unit and new school on board to persuade them.

Initial EHCP application made 14 months ago. Covid delays + LA dragging heels. Indy EP report dated last Sep provides main evidence for 1:1 support in MS. LA EP report dated Nov has no specification for 1:1. Hence my question, would the annual review require an updated EP report in order to name a new MS placement?

Just trying to get mental ducks in a row. New school suggests transfer next Easter. 12 weeks prior for review meeting is basically Christmas? And new Indy EP report before then?

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zUser274 · 16/06/2021 14:39

It's been a convoluted bloody process. But you live and learn. Next time round if DC2 needs an EHCP we'll just let the LA issue whatever they want and get in the queue for tribunal.

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10brokengreenbottles · 16/06/2021 15:15

No. The LA have 4 weeks to decide if they are going to amend. Then there's no statutory timescale for sending a draft beyond beginning the process "without delay". Once you have the draft the LA have 8 weeks to finalise. Realistically 12 weeks is optimistic.

You can't force the LA to hold an early review, the legal requirement is every 12 months. I would be concerned the LA will make promises now but not keep them, and leave you with no right of appeal.

Two moves so close together really isn't in DC's best interest. Being 'full' is not enough of a reason on its own to refuse to name your preference. You would be much better going to tribunal now. Yes it's stressful, but it's much easier to get the EHCP right from the start, and it's going to be much more stressful for DC with 2 moves within a year, and for you if the LA renege on their promises, as they often do.

The 32.5hrs needs to be specified and quantified in section F. No woolly, vague wording such as 'access to' 'would benefit from' 'or equivalent' etc.

A new EP report is unlikely given how recent the others have been. If the LA EP's report wasn't detailed, specific and quantified you should have asked the LA to go back to the report writer to make it so.

The LA are stringing you along. The relaxations ended last year. You could have forced the LA to speed up and meet deadlines by threatening Judicial Review.

You are right, going back and forth with the LA with multiple drafts etc. is a delaying tactic. Just finalise and appeal.

zUser274 · 16/06/2021 16:39

You can't force the LA to hold an early review, the legal requirement is every 12 months.

I thought it was possible to get an earlier review date written into the EHCP they issue now. Have I misunderstood?

I would be concerned the LA will make promises now but not keep them, and leave you with no right of appeal.

I agree this is a risk. How would I try and judge the LA's intentions? The placement cost for current sensory unit is actually much less than a 32.5h TA in MS.

Two moves so close together really isn't in DC's best interest.

It would be remaining in the current setting (sensory unit) for Autumn and Spring terms, then moving to new school for Summer term.

The reason for Unit and new school saying DC should remain in unit 2 more terms is because DC is currently in the year below chronological year. DC is summer born and stayed back a year when mainstream fell apart. The new school cannot take DC into their equivalent cohort as the class already has 3 higher needs children each with EHCPs and TAs. Adding DC would push them to 31 children with 5 adults in the room. They claim incompatibility and it looks reasonable to me. However the year above has no EHCPs already snd could take DC. But of course DC would then essentially skip a year of schooling. Hence Unit saying DC should stay there for 2 more terms before transferring, to work on key skills.

You would be much better going to tribunal now.

But if the tribunal uphold the original preferred school's claim of incompatibility (ASC unit is apparently over numbers already) then ? position reverts to current position ? Ie we will have to agree a suitable MS placement and honestly the only one I can see with suitable environment is this MS which also cited incompatibility due to 3 EHCPs in class already hence only possibility is to enter into year above.

Really appreciate your help, thank you

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zUser274 · 16/06/2021 21:39

Hi, another question please Blush - you mentioned judicial review - would I be able to use this if LA did drag the amendment out? Could we use judicial review against them for not "not delaying ", or is it only if they break a specified time frame you can use JR?

Thanks v much

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10brokengreenbottles · 16/06/2021 21:41

Apologies, I thought DC was moving to a new unit then a new school.

I would assume the LA are saying whatever they think will make you be quiet and go away. If specified and quantified 32.5hrs 1:1 may be more expensive than the ARP but ARP places are more in demand. If the LA can fob some parents off with MS when they prefer/need the ARP it makes the LA's life easier. Also, many EHCPs have vague 1:1 provision which won't have as much (or even any!) funding attached.

You can try to get an earlier review written in to the EHCP, but if the LA don't stick to it it's unlikely you could do anything about it. CAFA section 44(1) only requires a review every 12 months. And, since many LAs struggle to hold annual reviews on time they may not be argeeable to an early review.

A DC who can't cope in MS out of year to the extent they now attend a unit and are undergoing an EHCNA is unlikely to be able to successfully rejoin their original year in a new school in KS2, even with 1:1.

The bar for incompatibility is relatively high, being 'full' is not enough of a reason on its own. 3 high needs DC with full time 1:1s in one class may meet the threshold if they can prove actual incompatibility with the efficient education of others rather than just a negative impact. Although many schools run classes of more than 31 with multiple high needs pupils. One could argue 32.5hrs 1:1 mitigates potential incompatibility. The ASD ARP being over numbers is not sufficient on its own to prove incompatibility.

Are there any other ASD ARPs within travelling distance? If you went to tribunal for the preferred ASD ARP and the tribunal agreed DC needed an ARP and the LA didn't have an alternative then the ARP is likely to be named anyway.

If the judge didn't agree an ARP was necessary your fall back MS would be considered. If the LA don't prove incompatibility your MS would be named. However, if tribunal agreed the LA met the bar for incompatibility all the mainstreams put forward by both you and the LA will be looked at.

If the current unit is a sensory unit then it would be unlikely to be named at tribunal because it would be argued that it is unsuitable for DC's SEN since DC's primary need is ASD.

By not going to tribunal now you risk being in the same position in 6 months/1 year. Having spent 6months/year with no long term placement for Dc.

10brokengreenbottles · 16/06/2021 21:47

You can begin Judicial Review proceedings if the LA fail to meet the annual review statutory deadlines. However, the SEN regs don't expressly state a timescale for receiving the amended draft, so it would have to be unreasonably long, and unreasonable is longer than you are imagining.

zUser274 · 16/06/2021 23:33

A DC who can't cope in MS out of year to the extent they now attend a unit and are undergoing an EHCNA is unlikely to be able to successfully rejoin their original year in a new school in KS2, even with 1:1.

Oh this fills me with sadness and worry.

But it's been such a complicated ride that it's very hard to judge. DC was late dx at end of reception. Transition to Y1 was awful and DC had an NQT who was unable to cope at all and had a breakdown eventually but in the process the class was destabilised so badly that DC was screaming outside the school gates and trying to escape. Another child deteriorated badly and ended up bleeding after being restrained, child was excluded the following day. The sensory unit scooped DC up and did a massive repair job.

We fully accept that DC had underlying difficulties Particularly with academic learning (spiky profile) and sensory environment (really struggles with noisy classrooms - current unit is acoustically reduced). We think in hindsight even with a really experienced teacher that by Y2 or Y3 DC would have needed an EHCP. But we felt confident that in a quiet and calm MS school, with 1:1 to access learning, that DC would cope.

I don't know how to judge it all Confused

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zUser274 · 16/06/2021 23:44

Are there any other ASD ARPs within travelling distance? If you went to tribunal for the preferred ASD ARP and the tribunal agreed DC needed an ARP and the LA didn't have an alternative then the ARP is likely to be named anyway.

The LA are saying they have an alternative. There is a special free school close by for children with ASC who could work at Nat curr levels. The LA market it as a sort of ARP. In reality it is nothing like an ARP. It's a large facility for taking ASC students who have very high levels of need, many with co dx of ADHD, some with very troubled home settings, nearly all from very disadvantaged backgrounds. We visited, it's horrible. It's like a giant dustbin for all the kids the schools don't want. It's heartbreaking.

LA say they're offering this special free school as an alternative to the ARP which is within distance. But the ARP is in another LA. Hence won't name it.

We've said DC has a right to mainstream education so it's useless for LA to name this special school as it won't hold up at tribunal.

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10brokengreenbottles · 17/06/2021 10:44

I am sorry my post upset you, that wasn't my intention. Realistically, even the quietest, calmest mainstream is still a busy, noisy environment. To reassure you the end of reception isn't late for a diagnosis.

Focus on what DS needs, if that's an ARP place or out of chronological year mainstream place focus on that. Don't try to fit DS in to the provision the LA want to offer.

User if we have 'spoken' on threads previously I really wouldn't trust your LA to stick to any promises. They have shown you multiple times they can not be trusted.

Ellie56 · 17/06/2021 10:55

It doesn't matter if if your preferred school is in another LA. Your LA can still name it. And as 10brokengreenbottles said, being full is not enough of a reason to refuse.

I think you should bite the bullet and go to Tribunal now for the autism unit school. (You will get right of appeal once the plan is finalised.)

How would I try and judge the LA's intentions?

You can't. LAs are a law unto themselves. From the stories I hear regularly I wouldn't trust any LA to do the right thing. Parents are being gaslighted and fobbed off right, left and centre, and some LAs have delaying tactics off to a fine art. Angry

But we felt confident that in a quiet and calm MS school, with 1:1 to access learning, that DC would cope.

The thing is, I don't think MS and "quiet and calm" go together. How big is the class that DC will go into?

zUser274 · 17/06/2021 22:15

*I am sorry my post upset you, that wasn't my intention.

Brokenbottles please don't apologise! I'm v grateful for your help and you and Ellie* are saying things I need to consider.

Ellie the new mainstream school would be a class of 30, but in a small school with good acoustics and lots of outdoors space when DC needs a breather. I agree though, that's still v different to current class of 10.

It all seems so tangled up and tricky to unpick. Some of the delay in the past year was caused by us, not the LA, as we thought we were about to be re-housed out of county. Then that changed and we're about to be housed locally.

And this current idea to do 2 more terms in current unit then change placement to new mainstream school was not actually suggested by LA but by the sensory unit. They can see how much strain we're under and wanted to offer a solution that avoids tribunal. Head of unit knows the LA well and thinks could persuade them to run with it. Head says DC cannot transfer to new mainstream without a trial of mainstream in the current school. (Current school is the one that failed DC so badly in the first place so we've refused to have DC back in there as anything more than a trial before moving to the other school). And Head thinks better for DC to wait until autumn term (after our house move) to trial mainstream.

I don't know which way is up anymore, the complexity of our situation over past year has been ridiculous.

I totally see what you're both saying about securing the long term placement now rather than trusting the LA. But I think the Head has lined this up for us now and if we change plan we will lose all goodwill from unit, new school, LA etc.

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zUser274 · 17/06/2021 22:16

Whoops, inverted bold font there

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Ellie56 · 18/06/2021 06:54

So how big is the current classroom compared to the classroom that will hold 30 children? How much personal space will DC have compared to the current classroom?

Is there carpet throughout the school?

Is there a sensory room?

Where will DC go "for a breather"when it's cold and wet outside?

Is the plan for DC to be in the classroom most of the time or is he going to be working with the 1:1 somewhere else a lot of the time?

You really need to consider that 30 children, however well behaved will be far noisier than a class of 10, especially when doing collaborative work, PE etc.

Will he cope with the sounds of 30 children breathing, whispering and fidgeting, 30 pencils scratching, 30 pages rustling etc?

And a lot depends on the teacher. I've worked in a mainstream school that had enhanced resources for deaf children. We had super duper acoustics, low ceilings and carpets, but still some classes were noisy, because some teachers are not as good at behaviour management as others.

Sometimes I took groups of 6-8 children out to do intervention work and it was lovely because it was so much calmer and quieter. A lot of the children preferred it to being in the classroom.

So what's the Plan B if the MS trial in the current school doesn't work out?

Have you looked at any specialist schools specifically for children with autism?

10brokengreenbottles · 18/06/2021 12:47

Excellent questions from Ellie. I would add:

What will happen if the LA want to place a child with sensory needs in the sensory unit, but they claim the unit has reached capacity? Will DC be asked to leave earlier than planned because they don't have the right primary need?

What experience/training do the staff in the sensory unit have of autism? Same goes for the mainstream.

Will the same SALT be delivering DC's provision and the other children's provision? If so, do they have experience of ASD, or not since it's not an ASD unit.

Has DC had an OT assessment?

Do you really want DC in a school that has failed them so badly? Goodwill and EHCP SEN provision don't go together. I'm yet to know a LA who give goodwill unless they think they are getting something over on the parents.

Head says DC cannot transfer to new mainstream without a trial of mainstream in the current school.

^^ This is not for the head to decide.

zUser274 · 20/06/2021 00:58

Thank you both for your replies, these questions are really helpful.

Ellie your previous work sounds very interesting. Yes, classroom management is always going to be key, and smaller group learning would be the ideal.

DH and I are visiting the potential new MS again this week and will ask some of these questions.

Brokenbottles that's interesting to hear it's not up to the Head to say transfer to MS is dependent on a successful trial.

DH and I have talked again, and the issues with doing a trial of MS in current setting are:

  1. A trial of MS in one setting (one particular physical classroom, one particular teacher, those specific peers) doesn't equate to automatic success in another MS school because, for our DC, everything is about getting a cross section of factors right, and everything is specific - DC doesn't generalise their experience from one setting to the next.

  2. A really adequate trial would involve longer than just a couple of weeks, because DC always works v hard to cope and hold it together in new settings, and the cracks take a few weeks to appear (at school, obviously different story at home but schools often dismiss distress expressed at home until it's biting them on the nose in the classroom). But if DC did a good few weeks in MS in current setting, it's a lot to then pull the plug on that and transfer to new setting to start again with a new transition.

  3. There is simply no way DH and I would accept DC going back to MS in current school long term. They dropped DC too badly for it ever to be wise to go back.

So ..... we are now wondering what alternative ways there could be to give DC some kind of experience of the potential new MS .,,,, as that would be the environment that needs testing.

My thoughts are:

Do potential schools ever take students as visitors to a class for half a day or more (how would we know what length of time is necessary)?

Who would provide a TA for these visits, current school or new school?

Do schools provide transition support over the summer break ie a quick visit to the school once a week to help manage anxiety? If DC were able to pop in and "help" staff with little jobs over the summer, this would go a long way to keeping anxiety within manageable levels.

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zUser274 · 20/06/2021 01:02

Brokenbottles We have indeed spoken previously (NC) and I am so grateful to you and Ellie for your advice. Over the past year I've got advice quicker on this board than I can get through to Ipsea, and people have shown a lot of patience and moral support. StarStarStarStarStar

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Ellie56 · 20/06/2021 15:30

To be honest I can't see any value in having a trial in the current MS school. No two schools are the same and children with autism struggle to transfer skills or learning from one setting to another anyway. You've said there's no way DC will ever go back long term to the current school so what is the point?

Head says DC cannot transfer to new mainstream without a trial of mainstream in the current school.

Which HT is saying this? If it's the new HT, that's a bit concerning as they clearly don't have much knowledge of autism.

If you really want to see if this new MS school will work, surely it would be better spending the time in the current unit and building up exposure to the proposed school very gradually?

Much the same as I did with my son when he transferred to secondary school. We started off driving to see it a couple of times looking at it at the outside of it from the safety of the car. Then we had a meeting with the SENCO after school. Then we went again after school and had a tour round and met some of the staff. This built up to spending some time actually in school during the school day, with his TA from primary school, leading up to whole days the term before he started.

We've said DC has a right to mainstream education.

That's true, but what if mainstream is not right for him? Or the right mainstream school does not exist in your area?

I've asked this question before - have you actually looked at any specialist schools specifically for children with autism? Not generic special schools like that awful one the LA is offering, but a school specifically for children with autism, where staff are trained and knowledgeable about autism and are experienced in teaching autistic children; where the environment is appropriate, sensory issues are addressed , and therapies are provided on site?

If I was in your shoes I would be investigating all the options.

zUser274 · 20/06/2021 17:06

Thanks Ellie for replying, it's immensely helpful thinking through all these elements.

No two schools are the same and children with autism struggle to transfer skills or learning from one setting to another anyway.

Yes, exactly this! Exactly!

We started off driving to see it a couple of times looking at it at the outside of it from the safety of the car. Then we had a meeting with the SENCO after school. Then we went again after school and had a tour round and met some of the staff. This built up to spending some time actually in school during the school day, with his TA from primary school, leading up to whole days the term before he started.

This sounds great. My DC would respond well to slow and steady build up. And if their teacher from the current unit could actually go with them for a visit, I think that would carry a lot of psychological weight for DC.

what if mainstream is not right for him? Or the right mainstream school does not exist in your area?

I think this may be why we've been in a tangle. DC should in theory be able to cope in MS with right support. But in practice, 99% of MS schools in our (inner city, ultra urban, overcrowded) area are tall Victorian buildings with classrooms built around the edges of loud echoey halls. This design is disastrous for my DC who is sensitive to acoustics and their sensory threshold is exceeded after a short time . Outside space is very limited everywhere and playgrounds are next to busy roads - there's noise everywhere, no respite.

That's why we're so keen to see if the new MS could work. It's a 1950s building, low build, low ceilings, carpeted hallways (we need to check re classrooms), masses of outside space, not directly next to a loud road. When I walked in this school, my gut said DC could cope here.

I've asked this question before - have you actually looked at any specialist schools specifically for children with autism?

Sorry, I think I misunderstood. We saw the ARP which was our preferred school (similar 1950s building), and we saw 2 other ARPs which are a 45 min drive away in another county. DC has particular anxiety around taxis, we're not sure why, but getting inside a taxi is a big deal that has caused screaming meltdowns previously. My instinct is I would have to travel in taxi too to make it manageable. But DC2 is in nursery locally and has significant anxiety around transitions. Drop off at nursery took 30 mins of soothing and working with staff to get DC2 into the nursery last week. I can't see how I can meet needs of both DC unless they're both in local settings (ideally the same one).

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zUser274 · 20/06/2021 18:11

Ah no we haven't seen any specialist schools for autism Ellie, I've just realised what you mean.

There are some independent schools within reach. I just checked one website, it looks lovely, but fees are listed as £61k per year!!

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Ellie56 · 20/06/2021 19:10

Oh dear what a difficult situation to be in. Sad

There are some independent schools within reach. I just checked one website, it looks lovely, but fees are listed as £61k per year!!

That is irrelevant. If it is a Section 41 school, you have a right to request it to be named on your DC's EHC Plan.

The only reason the local authority can refuse the request is if:

  • 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.

The LA would have to provide substantial evidence to show that one of these reasons applies. And as has been said before, they cannot just say the school is "full."

If however it is not a S41 approved and is wholly independent, you would have to prove it was the only school that could meet needs.

Information here:

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

Check the S41 list here:

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

Do you have a report from an OT?It would be useful to get the OT's view on whether they feel the MS would be appropriate for DC's sensory needs.

10brokengreenbottles · 20/06/2021 19:40

User no matter what some say about MN there is always someone who will hold your hand and support you through difficult times. The high demand for IPSEA highlights the poor state of SEN provision in this country. For a while I have been unsuccessfully trying to get a slot to discuss science provision for DS1.

Focus on what DC needs, not funding. The fees are high, but many SS are more expensive. DS1's EOTAS package costs over £100k.

DS1&3 can't generalise skills either. It's one reason DS1's progress with MH therapies is painfully slow.

The only way I have heard of trialling a school over a longer period is a managed move. However, I am not sure that is appropriate (or even legal) in this scenario, they are normally used to prevent permanent exclusion. Pupils stay on roll at the home school and are dual registered with the proposed school. You would need to clarify what would happen if the managed move failed, normally a managed move should not be used if a pupil would not return to the home school, which obviously isn't suitable in your case. I would be wary of going down the MM route as if it fails I would worry you would be handing the home school access to permanently exclude.

TA support would depend on what was agreed, both scenarios happen. DS3 is starting a new school in September and has been visiting the new school one morning a week since Easter. His 1:1 has been attending with him, although he has met the 1:1 who is going to be with him in September.

Transition support over the summer may be harder to organise, especially outside of the first and last week of the holidays, as staff may not be in, and where they are there may be building work or redecoration which could make it me stressful for DC. Instead you could ask for photographs of the classroom/grounds/class/staff, videos, a letter from the teacher... which you could drip feed DC throughout the holidays and visit the school gates etc. Not instead of proper transition during term time, but as well as.

You have a right to a mainstream education, although not a right to a specific mainstream school, it is not for the HT to say a MS can not be named in the EHCP of attached conditions to naming a placement. The LA can only refuse to name a school for the 3 reasons above. Do you have the HT's assertion in writing? In making sure a statement they are acknowledging they are unsure whether MS can meets DC's needs.

Would an escort in the taxi work instead of you? DS1 hated travelling in the car until we got a really supportive car seat for him. When DS1 attended a CAMHS day unit that was some distance away I worried about the journey and how DS1 would cope, but once settled and got to know the driver and escort it wasn't as bad as I feared. We loaded his iPad with Lego videos (his passion) and set a small tub of Lego with him. Or could you ask for mileage instead?

zUser274 · 20/06/2021 20:52

Ellie we have an NHS OT report which talks about the need for staff to adapt sensory environment for DC, but nothing more specific.

In making sure a statement they are acknowledging they are unsure whether MS can meets DC's needs.

It was the Head of the current sensory unit who said couldn't say for sure DC would be ok in MS, thus suggesting a trial of MS. It was a spoken comment, not written.

Hmm, I think I agree with you brokenbottles that a managed move doesn't sound right.

I wonder if the EHCP could name a dual placement ie sensory unit for half the week, new ms for the other?. Although I imagine it would be tricky for the ms to hire a TA with only partial funding.

Or DC could do a series of visits to the prospective school with a TA or teacher from current unit to see how it went.

The escort idea in a taxi is a good idea. Glad it went well doing that for your DS1. I don't drive sadly so couldn't do it, DH drives but of course we're expecting he'll find another job snd be at work.

Tbh, if we're looking at an ARP that's a 45 min taxi drive, our LA would be better off just naming the closer ARP in preferred school that I can take DC to on public transport.

But now I'm back to thinking about funding again, argh. I can't help it, I find resources being wasted or badly used drives me nuts. The whole system makes we weep, frankly.

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Ellie56 · 20/06/2021 21:49

Sounds like you need a more detailed OT report. If that's all that report says it is not worth the paper it's written on. What does "adapt sensory environment for DC" actually mean?

It was the Head of the current sensory unit who said couldn't say for sure DC would be ok in MS, thus suggesting a trial of MS.

Hmm - this is someone who knows DC well and presumably saw what he was like before he went into the unit? I would be taking that on board very seriously.

I wonder if the EHCP could name a dual placement ie sensory unit for half the week, new ms for the other?

I think it is possible for dual placements, but if the unit is part of an MS school and not a separate entity in its own right, it would not normally be named in Section I. Rather it should be specified in Section F as SEP, and the MS school it was part of would be named in Section I. See here:

www.ipsea.org.uk/news/asking-an-la-to-name-a-unit-or-resource-base-in-a-childs-ehc-plan

Although I imagine it would be tricky for the ms to hire a TA with only partial funding.

Funding is not your concern; it is about DC's needs and what provision needs to be put in place to meet those needs.

But the way it usually works is if eg DC went to MS school for 2 days a week, the school would employ a TA to work on those two days.

The provision in the EHCP is the legal responsibility of the LA and they should provide the funding for the school to put the provision in place.

With regard to transport -DC could still be eligible for transport to the nearer ARP school if he could not reasonably be expected to walk to school. Info here:

www.ipsea.org.uk/children-with-sen-a-disability-or-a-mobility-difficulty

And I would seriously go and look at those autism specific schools. You are clearly not 100% happy with the current proposals or you wouldn't have posted on here.

The school and the provision in it needs to be right for DC otherwise you are going to end up with DC school refusing as he did before.

I'm really sorry you are having such a difficult time at the moment.It is hard enough with one ASD child, never mind two, and a house move and redundancy to cope with as well. Please take care of yourself.Flowers Flowers