No places in SN school - how can I help my nephew?

[mogkat]

My nephew is 5 and is supposed to be starting full time school right now in September.

He is severely autistic, non verbal, SPD, not toilet trained, no sense of danger and many other traits all associated with his autism.
He was recently prescribed melatonin by his paediatrician as he was only sleeping 3-4 hours per night for years.

He has a ECHP but the school section was left blank. ECHP finally completed in June after long delays 'because of covid'.
Paediatrician, his current nursery, speech therapist, psychological therapist etc all have said special needs school would be best for him. His parents agree and there is a specific SN school they'd like his to attend.

However the local authority have said there are no places at either that school or the 2 other local special schools. Nearest one available being a 135 round trip per day!
They've said my nephew will have to attend a mainstream school and they'll employee a full time SEN support worker for him.
However right now they have no SEN worker available for him. He needs 1:1 as per his ECHP so for the time being he is back in his nursery school with his SEN worker when he should be starting reception on Monday.

My brother and SIL are worried all that will happen is he will effectively be 'babysat' at the mainstream school. It's basically what's happening now at nursery. He doesn't participate. Every photo sent home of the children completing activities he is wandering around in the background.
There's no way he'll sit down at a desk at school or participate in any way. He will be a distraction to the other pupils which isn't fair on them or him.

He is given blocks of 6 speech therapy sessions, they're half an hour long and he spends 20 mins of each session getting very upset and having a meltdown therefore isn't getting anything out of them. After 6 sessions there's then waits of months before another block of sessions.

Some brief reading online suggests the LA cannot simply say "sorry there's no spaces at the special school" but they're being very adamant there's nothing they can do.

My brother and SIL are very upset and fearful about their sons future and education. As am I and our whole family.

Special school is what he needs yet the LA say sorry no spaces and we don't know where to go from here. The appeals process seems to be re the ECHP itself rather than the availability of spaces.
Feel like he's being treated as a number rather than a little boy who needs a suitable education.

How can I help my nephew? Any advice much appreciated if anyone's been in similar situation with schooling.
Just don't know what we can do to help.
Thanks in advance.

Sorry meant to say, he turned 5 on 1st Sept so will be the oldest in the year.

Apologies in advance for all the questions, in order to provide more help more information is needed.

"Because of Covid" could have been challenged. The timescales are statutory and the relaxations ended a year ago. The parents could have begun Judicial Review proceedings if necessary.

When the EHCP was finalised did the parents appeal? Appealing is the way to go, they would be appealing section I i.e. the school named. Simplistically it would look at whether the LA had sufficient reason to refuse to name the preferred placement. It is recommended they also appeal B and F as they will be written to support a mainstream placement.

However, if they haven't already appealed they will be out of time if the EHCP was finalised in June. They would need to ask for an early review instead. Unfortunately, if the LA refuse an early review there is no right of appeal and the parents will have to either ask for a reassessment of needs or wait for the annual review.

Unless the school the parents want is wholly independent (is it?) the LA must name the parents' preference unless they can prove one of the following:

• 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.

There is no legal definition of 'full' and it is not enough of a reason on its own to refuse admission, the LA have to provide they are so full it is incompatible. The bar is relatively high.

Have the parents looked at independent and non maintained special schools, and out of area special schools?
In section I is the type of school stated?
Is the mainstream school not named?
Is the 1:1 specified and quantified in section F? No woolly or vague wording such as "access to" "or equivalent" "would benefit from".
Why have the school not employed a 1:1 if they have had since June?

Is SALT specified and quantified in section F? It should be, therefore it must be provided regardless of what is normally given, and can be enforced via Judicial Review if necessary. If the NHS can't or won't provide it the LA must commission independent therapy.

Thank you for your detailed reply.
I will forward to my SIL and get her to answer the questions as I don't have a copy of the ECHP.