LA won't name special school in section i of EHCP when son has severe autism and complex needs

[Whyarecouncilssoableist]

I'm having an utter nightmare with an utterly useless and underhand LA and getting an EHCP issued for my son who has severe autism, GDD and other needs. He's in a mainstream which is supportive, but I'm not sure how long they will support us. He is only 4.5, but he is very full on and needs 1 to 1. He is non verbal, has PICA and will put himself at risk of harm without supervision. He is not able to engage in classes and is segregated from other kids and basically on reins at school to keep him safe. It is utterly soul destroying taking him to school among NT kids when he is very obviously severely mentally disabled.

We are on week 40 of the process and about to have a finalised plan and they have told us that they have not found a specialist placement locally for my son out of 5 schools. Three are maintained schools. They refused to say whether the schools will meet needand there is just no place, they are just saying they haven't found a placement and will not confirm. Can I ask the schools for the details of the consultations? I think the LA are deliberately keeping from us whether the school said they could meet need or not as that means they can force them to take the child (so I have seen on an ombudsman report of my LA). I am trying to find the law relating to this.

They now are asking schools that are likely to be an hour and a half commute away, which is utterly nuts considering the needs and age (4.5) of my child. The placement and transport is probably going to break down very quickly and I think they know this and it's intentional. They are hoping I refuse the place so they can wash their hands of us and say they offered us something.

I am utterly, utterly broken by this to be honest. My son can be really challenging, but is a beautiful, cheerful boy. He doesn't deserve this and dealing with this as well as a FT job and dealing with his needs and sleep issues is breaking me. Anyone know what I can do now? I don't want the hassle of a tribunal and it's likely to delay things further. I am collecting a lot of info for the Ombudsman, and have told my LA of my intentions, but they don't seem bothered - it's par for the course for them. Any idea how I can get them to do their jobs and sort this out? I've emailed a local Councillor. My MP is a Tory, so probably doesn't give a fuck.

You can ask for the consultation responses. The LA and schools may make you formally submit SARs.

I know you don’t want to go to Tribunal. But that is the resolution. The LGO won’t deal with your disagreement over the placement named in section I.

Once the EHCP is finalised you will get the right of appeal. Don’t bother with mediation just get the certificate and submit to SENDIST. LA’s use mediation as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate and submit to SENDIST.

Have you emailed the Director of Children’s Services threatening JR if they do not finalise ASAP?

Have you looked at all schools within travelling distance, including out of area and independent ones?

The maximum recommended travel time for primary is considered 45 mins. However, many do travel further. Is the 1hr30 on dedicated transport or shared transport? If the latter, how long would it be if it was an individual taxi?

Also, if it is inappropriate for the provision to be made in a school you could consider EOTAS.

Thanks for responding. i want my child at school really, we need this as we both work full time.

is there any way i can get them to name that he needs specialist on the EHCP. They are obviously looking for school places at specialist, so i dont understand why they won't add this to the EHCP. I need to know the legislation really. Is it common place to email the director? Will they read it? I was going to draft an email stating all of the laws they have broken, but I think this naming of out of area schools is a bully tactic.

We haven't been given transport yet as it hasnt been finalised, but they have said they don't have to provide outside local authority. Mine is a local authority of a conurbation of towns, so not a county.

The only way to force the LA to name a SS is via appeal. When you got the draft you would have been able to state your preferred placement. Unless the placement 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.
(s39(4) CAFA 2014)
However, that doesn’t stop LAs refusing and forcing parents to appeal.

Yes, it is common place to email the DCS. If you want evidence of that look at IPSEA’s model letters.

Don’t listen to the LA about transport. It can be provided OOA.

Of course you can pursue SS, but just so you know EOTAS is possible even if you work full time.

Thanks blue brick. I don't understand why they are naming his mainstream and refusing to name a specialist place judging by what you've added above. Is it purely chancing it then and trying to buy time. How long is the appeals process typically?

LAs name MS because it is cheaper and SS places are limited.

Tribunals are taking 9-11ish months. Sometimes quicker. And it can be quicker for DC who are out of full time school &/or in phase transfer years. Long waits, which is why it is important to push the LA to finalise ASAP, but the only way to force LAs to name a SS. Even if the LGO would look at your disagreement over the placement named that would also be a very long wait.

Thanks Blue Brick. I've been reading up on JRs versus an appeal. I understand they are different and getting changes made to the EHCP only really happens through appeal, but do you think threatening JR might make them name the SS we chose? I'm not sure how to time things and If I should wait for them to issue but without SS named and then appeal, or send a JR preaction letter now before it is issued. As they are not following due process in both timings of issuing and not naming the SS and naming his inappropriate school that have said they can't meet his needs, I'm wondering if this will scare them. I don't want to spend money on a pre-action letter if it is pointless.

I think this is why they are withholding information regarding the results of consultations,because we know they have to name the school and can force them to take my son if they are maintained schools.

No wonder my son has had 8 case officers since February, who in their right mind would do this to vulnerable kids.

JR (or at least threatening JR and then a pre-action letter if the threat doesn’t work) would be for now to force the LA to finalise because they are in breach of the statutory timescales and frustrating your right of appeal. It is worth it for that to get your right of appeal. JR won’t deal with you disagreeing with what is named in section I. Once you have the right of appeal, you can then appeal to SENDIST over section I. You should also appeal B&F because they will be written in a way that supports the placement named in I.

In my experience, going to tribunal is the only way to get what your child actually needs. It does sound as though your ds would be better off in a specialist school where there are more services on site and probably much smaller class sizes.

If the LA have already shown how underhanded they are, you'll have to fight to get it. But once it is in place, the rest will follow.