Special schools full. No place to do GCSEs. Need some help

[Maltesersarethebest]

DC is in a PRU, just 3 per day due to MH needs. we are waiting for the finalised EHCP (currently at week 18). EHCP stipulates a setting with access to a wide range of GCSE options in a small setting so DS can progress to 6th form and uni. He has ASD and general anxiety. Insanely bright. Would not cope in MS. He is y9 and due to start GCSEs in Sept.

Issue is: our LA has no maintained provision for academically able Sehm children. it's all really focussed on learning disabilities of various degrees.

There is a free school and 5 independent provision in the area (some in my LA, some further afield) which can meet need. I have spoken to all of them and all said they will not accept consultation requests from the LA as the are at full capacity. I have still put them down for consultation as there isn't anything else . But I am pretty certain it will be a no. Mainstream already said they cannot meet need. Since there is no maintained provision, I don't think I can insist on naming them as they are all independent. We have one small alternative setting locally which has space but only offers 2 GCSEs which goes against section E and F. (Plan specifies a setting with access to a wide range of GCSEs). Also, DS is very academic and it's the only thing that keeps him going. If we take that away from him, things are going to go downhill.

LA is incommunicado and won't let me know whom and when they consulted and what the outcome was (been almost 2 weeks, so not the full 15 days yet). I have asked for a list if alternative schools that offer GCSEs in a small setting but been told by caseworker that they cannot advice and guide and it's my job to identify schools. Home schooling/Eotas is not possible for a number of reasons).

Anyone any idea where to go from here. I expect a no from all schools. Then stalling with finalising the plan which will exhaust my right to appeal. There will be, by the look of it, no Scholl that can be possibly named.

I am completely running out of ideas? any thoughts or ideas are massively appreciated..

For non-wholly independent schools, 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 for non-wholly independent schools, 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 for this is higher than many LAs admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. For non-wholly independent schools, the LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons above.

Free schools are not wholly independent. They can be named against their will and can’t say they won’t accept a consultation request. If the free school could meet DS’s needs but the LA refuse to name it, you will be able to appeal when the LA finalise.

Stalling with finalising the plan will frustrate your right of appeal. Not exhaust it. If the LA breaches the deadline for finalising the EHCP, you can force them to act, via judicial review if necessary.

Are the independent schools wholly independent or section 41 independents? You only need an offer of a place for a wholly independent school. For section 41 schools, they can be named even if they object, just like a free school.

Or do you have any suitable non-maintained special schools in travelling distance (normally considered 1hr15 for secondary although some travel further) because these are not wholly independent either?

You can search for schools here. If you post where you are, someone’s problem may have suggestions.

“Access to” is vague and woolly. “Small” needs defining.

EOTAS/EOTIS is only possible if it is inappropriate for provision to be made in a school. That may not apply to you if there are schools who can meet needs, but why do you think it isn’t possible? That is a genuine question; I’m not being funny. I ask because there are often misconceptions about what EOTAS is. For example, many parents feel it wouldn’t be possible for them because they work and they wouldn’t be around to deliver the provision. However, EOTAS is not EHE. Parents cannot be compelled to organise, facilitate or deliver the provision. The LA is responsible. Another example is people often think it will be socially isolating and their DC doesn’t want that. However, it doesn’t have to be. Packages are bespoke and can include a lot of social interaction where that is appropriate.

Is other provision being made in addition to the 3 days at the PRU to ensure DC still receives a suitable full-time education? This doesn’t have to be academic provision. It could be therapeutic provision.

oh wow, @StrivingForSleep. thank you so much.

Free schools are not wholly independent. thank you, did not realise this and thought the independent rules apply. No other schools in a 1h15 min radius. The independent schools are not section 41 schools.

Our LA does provide Eotas but only via online schooling. I work, have no family support and my other children have all SN, one is very severely disabled so after work when all DC are home from school it's just manic and I don't feel I can leave DS alone all day behind a laptop. What other forms does Eotas take? I gave genuinely no idea. but in any case, we want a school.

Despite what your LA may tell you, EOTAS does not have to include online provision. Or, where appropriate, it could include online provision for some of the time (with an LSA/TA/HLTA… to facilitate the provision if necessary) with other provision as well. And you cannot be compelled to organise, facilitate or deliver any of it. That extends to the fact you cannot be compelled to accept provision at home if you don’t want it there.

EOTAS/EOTIS is completely bespoke to the individual child. It could include F2F tuition (individual or small (defined) group. At home, in the community, at a tuition centre, at an alternative provision…), therapies (e.g. OT, SALT, CBT, DBT, EMDR, animal assisted, art…), mentoring (F2F &/or online including things like mindjam), alternative provisions (e.g. some tuition centres, care farm, forest school, outward bounds, there are APs that cover music/art/plumbing/gaming…), music/drama/cookery/coding… lessons/groups, sports/exercise (individual and/or groups), preparation for adulthood and accessing the community (individual whatever form DS wants/can manage). The possibilities are endless. And not forgetting things like professional time, equipment, resources and a budget for e.g. accessing the community, subscriptions/memberships.

However, all that is irrelevant if it isn’t inappropriate for provision to be made in a school because EOTAS/EOTIS is only legally possible if it is inappropriate for provision to be made in a school. And you don’t need an offer of a place from a free school.

If DS has ASD, have you looked at ASD schools as well as SEMH? Lots of DC at ASD schools will also have SEMH needs and for DC with ASD, their SEMH needs often stem from, and are exacerbated by, their ASD (and co-morbidities where relevant).

Have you all had social care assessments? If you need to appeal the EHCP, you could look at an extended appeal. Depending on your other DC’s needs, it is also worth looking at continuing care funding.

If DS has ASD, have you looked at ASD schools as well as SEMH?. School I looked up cover both

I had a social care assessment which resulted in 6h of respite per month for my eldest and was only approved after years of fighting and when DS tried to commit suicide (struggles with this sibling in particular). no social care provision for DS and I haven't got the strength to fight that now.

If you have to appeal the EHCP, and you may well do to get your preferred placement, you can look at social care needs as part of an extended appeal.