Feeling sad

[CleverQuacks]

Tonight I am feeling very sad about the hand my son has been dealt. My son is 10 years old and has significant SEN. Has had an EHCP for 3 years which we had to fight for. I won’t go into all the details because we would be here all night but once again he finds himself out of education because the council refuse to pay for a suitable placement. He is an intelligent, amazing, funny boy who is having his self esteem crushed by the big wigs in the local authority.

Today we went to look round an amazing school and will be putting it as our choice but even the head admitted that it is hard to get our local council to agree. My son wants to be in school and has the ability to achieve if given the right support so why is it so hard???

Tomorrow I will get up and send yet another email to try and get hold of the EHCP team at the council. I will google solicitors and prepare for yet another fight but for tonight I will allow myself to cry for my son.

If DS is unable to attend the placement currently named in the EHCP, have you requested provision under section 19 of the Education Act 1996? If not, do that. IPSEA has a model letter you can use. If you have requested it but the LA has refused, delayed or ignored you, email the Director of Children’s Services threatening judicial review. If that doesn’t work, you need a pre-action letter. SOSSEN can help with this but there is a wait so you may want to look elsewhere. Then, if that fails, JR will resolve the situation.

If there is anything detailed, specified and quantified in F, remind the LA they are also still responsible for ensuring the provision in F is provided. If they refuse, it can’t be enforced in the same way as I describe in my previous paragraph. Sadly, if it is all vague and woolly it can’t be enforced.

When you have the right of appeal, you can appeal for the preferred school. Since DS is out of school, you can request an expedited hearing.

Thank you! This is very helpful.