School insist on holding a SN child back a year

[Solimama]

My DS is SN child and he is about to end of his reception year. He has EHCP and on 1:1 support at mainstream school. We just had a meeting with school and they insisted to hold him back in the reception. He is a winter born child and I came to know holding him back a year in primary school, will affect his secondary school admissions, he might need to jump from year 5 to year 7 and may not give GCSE because his statutory age of schooling will end before that. My DS still doesn't have much speech (he is in few words) possible ASD and ADHD (His is on a waiting list). He has limited speech therapist support at school. But fortunately, he recently started having support from special needs school at mainstream school. He is behind his peers at school. He struggles to write (fine motor skills are behind) and read (not enough speech). He can sit for classroom teaching but he struggles to demonstrate that he understands. He doesn't have disruptive behaviour but he is a strong willed and follow his agenda. (Which we will be working on with SN school support) My question is has anyone came across similar situation? What are the pros and cons of holding him back a year? Does holding back a year really helps because research suggests the opposite?

No worries the problem is it takes so long to get them into special school
so if you asked for a ss now it’s unlikely he would actually get a place until about year 2 so you do really need to plan head

if you put his name down for a ss now let’s say it takes a year to get a place in that year he grows and blossoms you can turn the place down he can stay we’re he is no harm no foul

but if you don’t apply and in a year he needs a place you will have to apply and wait for another year or 2 most speical schools have a wait list of 18 months and that’s quick

Ours just redrafted at each key stage. Though still awaiting for it to be drafted with college name, the one the college is working with still states her old school.
Left it 2 years ago after Yr 14.
College and I have asked for it to be done, but still waiting.
Though the sen in our county is in special measures. Lots of children are waiting for ehcps to be done, got to appreciate that we are near the end of education and not just beginning it.

Phase transfer EHCPs from one post 16 placement to another post 16 placement must be finalised at least 5 months before the transfer. If that doesn’t happen parents can look at JR.

ARs must also be held at least every 12 months. If that hasn’t happened you should email the Director of Children’s Services reminding them of their duty and threatening JR. Then seek a pre-action letter if that doesn’t work.

@ThomasWasTortured LA is refusing to add offsetting in section F and suggesting to mention it in history as a notes. Do you know if apart from AB v North Somerset Council any other case laws exist which I can refer? Thank you!

To my knowledge there isn’t any other case law showing deceleration can (or importantly can’t) be SEP. Do you currently have the right of appeal? If so, if the LA is refusing you can appeal.

Thank you very much @ThomasWasTortured No we are not at the tribunal stage yet. We had a EHCP review meeting we have been told by LA that if offsetting is mentioned in section F and if in future my DS needs to enroll in special school then it can be a problem. Amended section F will be imposed on special school and they will need to keep my DS in below age peer group than same age peer group. They are suggesting to mention in history section as notes "offsetting will be included in section F in year 5". Can you please provide your comments as I am confused because as per my understanding things change if child is enrolled to the special school example 1:1 support.

Following the completion of AR process you will get the right of appeal (is the LA sticking to the AR timescales?). The LA is talking nonsense (except the bit about F must be provided, that’s true, and it is the LA who is ultimately responsible for that). However, deceleration doesn’t have to be a problem, even if in SS. Not to mention, EHCPs can be amended if DC’s needs change/the SEP required changes. The problem with it not being in F is it isn’t enforceable. 1:1 doesn’t necessarily change in SS, some DC still require it.