Special Needs Schools Rejecting My Severe ASD Son

[Mum0i754437]

Hi,

My son has severe non verbal autism. We had a panel meeting a while back where they agreed that he needs a specialised setting. We have applied to schools outside our borough as theres only 1 special school for severe autism in my borough.

So far all 6 have rejected him, 5 said they have no space, 1 said their classrooms are too big...their kids are more moderate.

What do I do now? Can anyone tell me the process?
I keep reading about tribunals. Is that required if the LA isnt agreeing to pay for special schools or if special schools arnt taking your child on?

Please help + advise
Thanks

You should appeal. You can appeal for your preference if the LA won’t name it. Do you currently have the right of appeal? What have the LA named in section I? If appealing section I you should appeal B&F too as they will be written to support the placement the LA have named in I.

Are the schools wholly independent? Unless the school is wholly independent the LA must name your preference unless the LA can prove:
-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.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar is high. Unless the school is wholly independent the LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons above.

The classrooms being too big is a strange one. Can you explain more about that?

Yes, thanks for the response, so they said he is non verbal and doesnt have good joint attention, he will need a smaller class size with less kids.

I wasnt aware I can appeal. I will speak to them now and ask how i can appeal.

Oh, sorry, you mean the size of the class is too big rather than the classrooms being too big. I thought you meant the physical classroom size was too big rather than the number of children.

Appealing is the same thing as going to tribunal.

Has the EHCP been finalised? You will get the right of appeal then and the letter you will receive/have received will tell you how to appeal. If the LA haven’t finalised and the LA haven’t stuck to the 20 weeks timescale, email the Director of Children’s Services informing them they are in breach of the statutory timescales and if they do not finalise you will be forced to begin judicial review proceedings as they are frustrating your right of appeal.

Ok, so I spoke to my sons caseworker,

The schools we applied are different. The one i want the most is local authority. They said they had no space. They haven't 'assessed' him. Neither has the 2nd school who are in my borough. Both haven't assessed him. And since hes not be assessed...we cant appeal. Shes saying we cant appeal unless they've assessed him.

She is also telling me to focus on independent schools as the local authority schools are going to be full. So shes going to apply to schools futhere out now and independent.

Does this make sense or r they making me go round in circles to waste time?

As I said, being full on its own isn’t enough of a reason to refuse admission. The school don’t need to have assessed DS. If the school isn’t wholly independent unless the LA can prove one of the points I posted above they can and must name your preference even if the school object.

And since hes not be assessed...we cant appeal. Shes saying we cant appeal unless they've assessed him.

This is incorrect. Once the EHCP is finalised (has it been?) you will get the right of appeal. You can appeal for any school you wish. If the school is wholly independent (not all independent schools are wholly independent) it is slightly harder and you will need an offer of a place but you can still appeal.

Have you looked at IPSEA and SOSSEN’s websites to understand the process better?

Yes he has an updated ehcp, we just updated it a few months ago. Thank you so much for this information. I have heard of these sites, will look into it more. The school i want is just outside my Borough and is local authority. The 2nd school is in my borough but he is on the wait list. Again was told they had no space.

In the ehcp section I, it says mainstream setting which is his current school.

Do you currently have the right of appeal? When you say a few months how long ago?

If you are still within the appeal window you can appeal now.

You may be out of the appeal window. If that’s the case you need to ask for an early review to try to get the right of appeal. Unfortunately, the LA don’t have to agree to an early review, and if they don’t it doesn’t have the right of appeal. In this case you would need to wait for the annual review or ask for a reassessment of needs which does come with the right of appeal.

SS don’t have waiting lists in the same sense as mainstream schools.

This ehcp letter was sent 24th aughust 2022.

If I appeal section I regarding the school place, what does the end result of that appeal mean? It will force them to give him a place in a special school?

His case worker never told me any of this. I didnt know i can appeal this. I was told they will apply to special schools and wait for a place?

If you are going to appeal you need to act fast. You have 2 months from the date on the letter or 1 month from the mediation certificate, whichever is later. You don’t need a mediation certificate when only appealing section I, but if you are appealing I you should appeal B&F too.

If you appeal section I for a place in a SS (for a school that isn’t wholly independent) and win DS will be given a place in the SS.

Don’t rely on the LA to tell you what to do. The letter you got will have told you about the right of appeal.

This is what the school said

'We have no spaces in the appropriate key stage and therefore placement would be detrimental to the education of other pupils in the groups which could be considered.

The addition of another pupil exceeding the planned admission number would have an adverse effect on the organisation of the key stage and the school.

The inclusion of an additional pupil impacts on the rest of the school by decreasing the opportunities available to each child. Health and Safety requirements, when combined with the physical space available, would mean compromised provision for existing pupils. Furthermore one additional pupil would have a significant impact on the curriculum delivery, resources, teaching and teaching assistant support for all pupils and would prejudice the efficient education of the other children in the school.

Unfortunately given the above, x's placement at said school would be currently incompatible with the efficient education of the other pupils and there are no reasonable adjustments that the school would be able to make to prevent the incompatibility.

Ok, and who do I talk to about appeal. And whats that process like. And What will the cost be? On average. Gosh i didnt realise this is what its like.

The bar to prove incompatibility is high, higher than many LAs tell parents. It is more than than an “adverse effect”, “impact on” or “prejudicial to”. Unless the LA can prove the incompatibility you stand a very good chance at Tribunal.

The process is explained more here.

The letter you received should have explained how to get a mediation certificate. Don’t bother actively partaking in mediation, just get the certificate. Once you have that you can complete a SEND35 form and submit that to SENDIST. Unfortunately hearings are taking about 11-12 months at the moment.

The cost is as inexpensive or as expensive as you like. Appealing in and of itself doesn’t cost anything. You don’t have to have representation either. Independent assessments are likely to help your case, unless you already have strong evidence, but if you can’t afford these and aren’t eligible for legal aid you can contact Parents in Need who can sometimes help fund them.

Ok thank you so much. I will go ahead with this as I think it will take even longer if i want on the LA.
Thank you!