moving to London from US

[krobhix20]

Hi,
We are moving this summer to London, likely Wandsworth with our two DS ages 5 and 3. My husband's job is transferring us over. His company is smaller so we won't be getting the full expat experience of paid for housing, schools, etc. However they are sponsoring our visas and giving us a stipend for school b/c my 5 year old is SN. He has been diagnosed with sensory processing disorder and we have just done his first diagnosis for ASD and ADHD and are awaiting the results. We are hoping that we can use these diagnosis and reports to get started on an ECHP once we get a residential address. The entire process has been daunting and frustrating. I've been reading the boards here for a while and it definitely sounds like it's incredibly frustrating and a long long long waiting time for every child in the UK.

I really don't understand this process and why it's so slow moving. Is the only way to fast track it by doing private assessments? That seems so unfair. So much of helping our DC is early intervention. But it seems that's impossible. I also don't understand if I already have diagnosis and reports for my child, and I know what he needs why would I be forced to send him to a mainstream school just for him to fail again to then begin the seemingly years long process to get assistance.

My son is already in a SN independent school here in the US. There are 5 kids in his class, there are 2 full time therapists on staff, a sensory room, etc. He is doing much better, but still struggling there. Why on earth should I put him back in a classroom of 30 kids? It would be awful for everyone involved, the other students, teachers and administrators. No one would be happy. Is there a way around this at all? This is my biggest stressor and fear about the move.

Any help anyone can offer is greatly appreciated.

But it doesn't name any school at all...

It doesn’t necessarily have to. The 20 weeks deadline is to finalise. Section I is sometimes blank or only names a type of school. The recourse is via SENDIST.

Ok. Thanks. So as long as they delay, don't name or don't name school we want then we should go to tribunal.

But since we have finalised plan and what's in section F how do we make sure they are providing that if they haven't named a school and he is already in school?

As the LA haven’t named your preferred school you should appeal. The LA not naming any school doesn’t change this. Case law states there’s no absolute duty to name a school in all cases. Case law also states where MS is named as type a particular school should normally be named, but that doesn’t apply to you. Generally it is advisable to appeal B&F as well as I.

As posted previously if the LA delay and don’t stick to the statutory timescales parents can force them to via judicial review. But that now doesn’t apply to you as the EHCP has been finalised.

Provision in section F doesn’t necessarily have to be provided via a school place. Email the LA’s Director of Children’s Services making it clear you are not EHE’ing (which would relieve the LA of their duty to provide the provision in section F). Remind them of their duty to secure provision detailed, specified and quantified in F under s.42 CAFA 2014 and ask how they intend to do this. If the provision is specified and quantified go on to state if it isn’t provided you will be forced to pursue judicial review proceedings. However, if the wording in section F is vague and woolly with wording such as “access to”, “would benefit from”, “regular”, “or equivalent”, “opportunities for” “e.g.”… it isn’t enforceable and the recourse for this is via SENDIST.

After 4 weeks of waiting for a school to be named despite a "finalised" EHCP the LA came back on Friday and named a state school with a resource base. They also stated that the school would be ready for DS after the Easter break.

My DH and I just about lost it. I was in tears most of Friday evening. After taking the weekend to calm down and after speaking to DS current school (who agreed this was ridiculous to move him mid year) we drafted a strongly worded email. We outlined how we felt the LA didn't carry out the process to the legal requirement and how this move would be damaging and detrimental to our DS and his progress as well as his mental health.

The LA in about one hour's time reversed their decision and have agreed to fund a placement at current school through end of year. This way we can accurately assess if new school is suitable place for him.

I'm so thankful that he can stay where he is and we can transition properly if that is what's best. But I am still so frustrated and angry at the process. I am so lucky to have resources to help, the invaluable knowledge of this board, english as my first language, personal mental capabilities to handle this and the time to deal with this. What about the scores and scores of people who don't have all those things. The barrier to access to care is appalling. This isn't supposed to be like trying to get a membership to Soho House. We are all just trying to access the best support for our children.

Thank you to all of you who have chimed in and offered support and advise. I am grate to you who have helped me understand the one million acronyms that plague this area, the policies and statutory requirements. I have continued to update this thread for some future US mom with a SN kid who is moving here and trying to get the best care for their child without forcing them to fail again.

I still can't get over that part. I've known what my DS needs since before we got here. That means if we didn't have the means to pay for his school (which is bleeding is dry), he would have been stuck in an environment harmful to him and his mental health for 7 months. That is disgraceful. The system is broken in many ways and my circumstance is just illuminating one.

I don't have any good advice for you (you've done better than I have!) but couldn't pass without saying serious respect for hanging in there. I have so recently said myself "why do we have to wait for them to fail" to an LA official. I'm also American (though have lived here longer so it wasn't a total shock as to what I was in for) and it truly is astounding that you can do all the work, all the research, sourcing the support yourself, making a well-evidenced case for support in school, and still get these sorts of responses. You literally come to them with a ready-made solution that they don't deny is a good one, but are still told no because they'd rather wait and see what happens if they strip it all away from you and your DC. It's like they are simply testing you to see what they can get away with. It's just mind blowing. And (almost) the worst part is that, when you talk to them on an individual basis they will quietly agree with you that it's all shit, but that's the way it is.

Sorry to rant, but when I read "wait for them to fail" it struck a nerve. That seems to be the name of the game in the SEN system. It's bullshit and a waste of human potential. Well done for getting a great result for your darling boy, he's lucky to have you in his corner xx

I am glad you have sorted the immediate situation. Unfortunately DC whose parents know the system and can advocate get better support. It shouldn’t be like that but sadly isn’t going to change any time soon.

Unless the LA is going to name the school in section I I suggest you still continue with an appeal. This is because
a) the LA could withdraw the funding at any time and you wouldn’t be able to force the matter. You would have to request an early review of the EHCP, which the LA doesn’t have to agree to and there’s no right of appeal. So then you would be left either waiting for the AR or having to request a reassessment of needs, which does come with the right of appeal if refused.
or
b) if the other school is left named in section I and the current school isn’t formalised in any way the LA may not continue to fund the current school in September even if that is what is best. And again you would be left requesting an early review which the LA may not agree to.

Just to point out he would have been stuck in an environment harmful to him and his mental health for 7 months. wouldn’t have had to be the case. If DS couldn’t attend school, including because of his SEN or MH, the LA have a statutory duty to provide a suitable, full time education under s.19 of the Education Act 1996. Although yet again it is a fight to get the provision.

Thanks for the reply and useful advice. We will make sure to either appeal or get it in writing after I visit the "new" school, hopefully this week.

To the part about the LA proving suitable education you said it yourself it's a fight to get the provision. And to be honest if he would have been at home with me that would have also been an environment harmful to his mental health. We did that for so much of covid and it was awful. It affected our relationship so poorly. We thankfully now have a beautiful relationship because he is at a school that looks after his needs.

s.19 provision doesn’t have to be at home. It sometimes is but if that isn’t suitable for DC’s needs it could be at an AP, in the community, lots of LAs have a specialist centre where it can be delivered, hospital school, in a library, a community centre… And parents don’t have to deliver it, it is the LA’s duty to.

Good to know. Glad we don't need that. Or need to fight to get it.

I went to a coffee morning at the new named school today and it seems lovely. Doing a full tour tomorrow. If it seemed suitable they are excited about helping us with DS transition over the next term to be ready for the fall.

It is lovely to hear the school was supportive, it makes things a lot easier.

I'm sorry it's been such a nightmare to navigate. I agree it must be impossible if you don't have the financial and mental resources to do so - and yes for many children it seems to be a case of waiting until there is a crisis before doing anything (you see this in CAMHS too) - just massively underfunded (but also, many heads seem to reject relatively simple/cheap accommodations that might prevent the crisis and save cash and more importantly heartache and trauma in the longer run). It's such a lottery - really hope the named school turns out to be suitable and supportive and/or the LA agree to continue to fund his current school. The idea of moving him away from all his friends and teachers over a holiday with no notice is just horrible - I'm so glad you managed to stop that from happening.

Hi could I ask what school you went for in the end Chelsea Hall School or Riversdale.

Hi. In the end we went with Chelsea Hall and were so excited and happy with the school and DS made a lot progress. We moved schools after a year to a resource base in a mainstream school. The LA wouldn't fund Chelsea. It's been pretty much a disaster of a year and we are potentially looking at trying to move back to Chelsea Hall next fall.

Did you appeal the refusal to name Chelsea Hall?

no we didn't. we said we would give it a try. we too were hopeful he could manage in a larger setting. we also couldn't afford to keep self funding while we waited on appeal.

@krobhix20
I have been reading this as I research schools. How is your DS doing?

We've moved back to the states. The school placement fell completely apart and I had to home school my son the last 6 months. They failed him so terribly and to make matters worse not a single person asked us how he was doing once he left, even though his little brother was still at the school.

Oh wow. I’m so sorry to hear that. It wasn’t a school beginning with a G was it?

Are there better options in the states where you are? How is he doing?

Your DS must be 8 now?

No. It didn't begin with a G. He is 8. We are back at a school in Houston, TX that is almost tailor made for him. It's very small only 40 students and all with similar profiles. 4 full time counselors on staff. Weekly therapy meeting for kids, parents and parent groups. It a wonderful place full of community with no judgement and everyone working towards helping the child cope in the world.