A hard choice: secondary mainstream vs SEN school plus SENDIST (time frame issues)

[secondaryschooltrouble]

I have posted on the topic before, quite recently. In short, our DS is in year 6 in primary school in the LA of Islington, but we live in an adjacent LA. DS has been diagnosed with ASD, and very recently with ADHD. DS has speech and language delay. On the positive site DS manages ok at his primary school, but is quite behind on most subject compared to his peers. For the very recent ADHD assessment, it was clear that speech and language understanding was quite affected, but it was also concluded that DS does not have a learning disability.

We applied for mainstream and our LA will not name our preferred mainstream school in EHCP. We now realize that there are many issues with the EHCP as it was never updated correctly, likely due to issues with cross LA update forms. We always felt that DS might be ok in mainstream school, but now (very recently) that it may not be a good fit after all. Thus, we are considering our options now.

So we are at a complex crossing where the LA will not name our secondary school of choice, we are not sure that mainstream is a good option. And the time is running out for time for the SENDIST submission and are risking that we have no suitable secondary school before September. We are working on an appeal case to update the EHCP correctly, and name a school of choice (which are not sure about anymore). We have gathered a lot of info on the process, however it is nearly impossible to get to speak to someone from IPSEA or SOSSEN (we are on the waiting list).

In the time given, it seems nearly impossible to make the case for an independent SEN school (e.g. needs for more independent (costly) reports). The few places at LA SEN schools have no spaces. At the same, the mainstream choice we had thought of just does not feel right. Also because the mainstream schools decision letters were really negative, and there was never a feeling that our DS was welcome at these schools (e.g. SENCO's were not available to chat etc..). Again, please, any advice is welcome.

Just get the mediation certificate and submit a BFI appeal to SENDIST ASAP. Then inform them it is a phase transfer appeal as these are being prioritised.

You don’t need the independent reports prior to submitting an appeal. If you are eligible for legal aid this can fund assessments. If you aren’t but are struggling to fund them contact Parents in Need as they can sometimes help.

If you no longer want mainstream forget about that part.

Unless the school is wholly independent (are the independent schools you are considering wholly independent or section 41 independents?) the LA must name your preferred school unless:
-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 few places at LA SEN schools have no spaces.

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 (wholly independent exempt). The LA has to prove the school is so full admitting DS is incompatible. The bar is high, higher than many LAs claim. It is more 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.

We now realize that there are many issues with the EHCP as it was never updated correctly, likely due to issues with cross LA update forms.

It is your LA’s duty to ensure the AR process is completed correctly. That doesn’t necessarily mean amended, but you would get the right of appeal. DS attending school in another LA doesn’t change that.

Thank you. That is useful. Two short follow questions:

Do we need to get the mediation certificate from the advised LA mediator. I have been asking for a call back for more then ten days, but nothing yet. This will need to be arranged this week.

We can describe the type of support and provision that we want. At what stage of the appeal should list/name our preferred schools? Given our new strategy, we still considering schools. It is all very rushed.

For a BFI appeal you need a mediation certificate.

If you know your preferred school you should include it on the form 35. If you don’t yet know which school is your preferred school just state the type and then inform SENDIST of your preference ASAP.

Here a brief update. This whole thing has been a real struggle. The school of our choice is effectively not responding to us and is likely not interested in our application. The LA are not willing to communicate and seemed to have put our DS in school that we have not listed and nor visited. Getting independent expert reports on time is impossible as all services are overbooked. On top of that the tribunal date is early September. So now we are in situation that school and LA do not communicate, no expert reports, and tribunal date that is at the beginning of school year. It seems that everything is turned against us... and likely have no school in September. Any advice is welcome.

Is the preferred school wholly independent? If they aren’t you don’t need them to offer a place.

Persevere with looking for independent assessments, there is still time. Cancellations do happen.

seemed to have put our DS in school that we have not listed and nor visited.
and likely have no school in September.

I’m not sure if you mean this school is named in section I? If so, you should visit/speak to the SENCO. If you mean section I is blank the LA must still provide a suitable, full time education and anything detailed, specified and quantified in F.

Our EHCP section I is blanc. We opted for a school that said it could not meet the needs of our DS. Hence, the LA kept the school name section blanc, but wrote "main stream" as type of school. By email correspondence the LA offered a place at another mainstream school that was not our preferred, which we refused. Nevertheless that school recently send us an information package for the start in September. Do we need to make it clear again to LA that we refused the school they offered?

We appealed with the aim to re-write the EHCP section E/F and name our preferred school. However, both the preferred school and LA have not responded so far. And the tribunal date is in September. If we wait for the tribunal date it would mean no placement in September and beyond. We are both working parents, so we are getting a bit desperate.

If the LA has named mainstream as type case law shows they should normally name a particular school. If they have placed DS in the mainstream you don’t want the LA must name the school in section I - I know you don’t want it, but it is important that they follow the law. If they name it in the EHCP you don’t officially need to do anything as you are already appealing BFI, but it wouldn’t hurt to inform the LA you don’t think it is suitable, why and you will be continuing the appeal.

Have you approached the school yourself (sorry you might have I’m just not sure from your posts)? If the school won’t speak to you directly and the LA continue to ignore/refuse SENDIST can order them to consult. Unless the preferred school is wholly independent you don’t need them to offer a place/agree they can meet needs, they can be named against their will.

yes, I have contacted the school several times. They seem to refuse to talk to us (no response). I also have writing LA several time that we are appealing that the tribunal date is in September. How can I get SENDIST to force the school/LA to consult? Can this be done before the tribunal take place? Thank you.

Yes it can be done, before the final hearing. Via a RfC (SEND7) form, don’t forget you will need to consult the LA first, but if they ignore, you can send it stating the haven’t replied.