Special school help

[littleHen84]

Hello i have got excellent advice here before so wondered if anyone had any words of wisdom. We feel pretty desperate at the moment, i posted a while ago re the EHCP we have and problems we where facing, things don't seem to be moving forward. We have Special School named in section I our preference school came to our home to meet our son and do an assesment. The conclusion to this was that they don't think he is ready for School and they won't be enroling him this year (he will be 6 next month). We have been offered home tutoring, we have had one short session at home and my son didnt cope at all. What do we do now i feel lost, if the special school wont enrol until next September (2024) not sure where to turn now, thank you

I think it would take a bit of time for him to settle in with the tutor and get used to them and the routine. Was he in ms before?

Has he been offered any other clubs like farm school, riding etc.? All areas of his EHCP need to be delivered even if he’s not in school.

He hasn't been in main stream, they have offered at home tutor with messy play etc but he can't cope with anything happening at home. They have offered to meet us outdoors if we can get him there, it was only offered once a week. Think i just feel very drained from pushing and fighting for help and this just doesnt feel enough.

Email the Director of Children’s Services informing them of the situation, reminding them of their duty to a) provide a suitable full time education under s.19 of the Education Act 1996, and b) anything specified and quantified in section F of the EHCP under s.42 of the CAFA 2014. If that doesn’t work email again threatening judicial review if provision isn’t provided ASAP. If that fails contact SOSSEN for help with a pre-action letter.

When you say you have special school named in I do you mean a particular school or just the type?

If a particular school is named and you want him to attend assuming it isn’t wholly independent they can be directed to admit. If the school is named in section I they must admit. Email the headteacher (depending on the type of school copy in the governing body if the school has one, head of the academy trust etc.) informing them under s.43 CAFA 2014 they must admit and if they don’t comply you will be forced to pursue judicial review proceedings. If that doesn’t work contact SOSSEN for help with a pre-action letter.

If it is just the type named do you have a finalised EHCP and are you still within the appeal window? If the answer to both is yes then you should appeal. If you are out of time to appeal request an early review in order to try to get the right of appeal. Unfortunately the LA don’t have to agree to an early review so if they did refuse you would have to either wait for the AR or request a reassessment of needs which does come with the right of appeal if refused. If you don’t have a finalised EHCP are the LA sticking to the statutory timescales? If not threaten JR to get them to finalise.

Are therapies included in the EHCP?

I think it’s better to start small
and build rather than overwhelming him but there should be a plan to add more. I would call your caseworker and ask what the options are. You could also get some advice from IPSEA. When my ds was out of school they sent me a link to a database all of the alternative options availability in our LA. It sounds like something more holistic and outside of home would be a better thing to start with.

Are there other school options or would you prefer to wait for this school?

Does he get any SALT or OT provision?

If a particular school isn’t named in I and you have a preferred school you want named it’s also worth pointing out unless it is wholly independent the LA must name it 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.

And on its own being ‘full’ (which isn’t defined in law) 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, higher than an “adverse effect”, “impact on” or “prejudicial to”. Unless the school is wholly independent the LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the reasons above.