Permanent exclusion and EHCP experience

[SMO212]

My son is in year 7, EHCP and been permanently excluded.

He was in mainstream and I was trying to get a change of placement but the LA had not put the paperwork through in time and told me to wait. In which time he was PEX. I'm not appealing the PEX as it's pretty pointless, he lasted 10 weeks in Mainstream school.

Now the PEX has prompted a change of placement under section I. I have named a specialist, the LA are consulting on Parental preference. But they feel his needs can still be met in Mainstream and consulting with them.

Due to the PEX he is now educated outside of school and the LA have set him work online with a tutor online. Which obviously does not meet provision F. I also work full time and after next week I have zero childcare. I have complained to the director of children and suprise, nobody cares.

I have two questions with anyone that has been through this:
1.When the LA name a school that is not parental preference I have the right to appeal under SEN tribunal, this is currently a 9-12 month wait, is this triaged as more urgent as he is not in school? Also will the 'tutoring' remain in place whilst I appeal?
2.I have contacted every solicitor I possibly can to proceed with judicial review, can anyone recommend anyone that could take legal aid and has availability?

I actually have no idea what to do and I don't actually no how I'm going to keep my job. Anyone that's been through this experience and could share would be much appreciated, I can't find this situation online anywhere.O

The LA cannot compel you to facilitate provision. Neither can they compel you to accept provision in the home. Under section 42 of the Children and Families Act 2014, they are responsible for the provision in F. Under section 19 of the Education Act 1996, they are responsible for ensuring DS receives a suitable full-time education.

Contact the schools consulted and any you think may be consulted to give them a complete picture. LAs consults are notorious for only giving part of the picture.

Is your preferred placement a wholly independent school?

The normal wait for a hearing is longer than 9-12 months currently, I’m afraid. Appeals being registered now are already getting 2027 hearing dates. However, you would be able to request an expedited hearing on the basis DS has been PEX and is not in school full time. Still a long wait, though.

If the LA finalise the EHCP naming a placement, they are likely to stop the tutoring. They are likely to see the named school as suitable and appropriate. If DS can’t attend (legally, not just that it isn’t your preference) it is possible to challenge that.

When looking for a firm to take your case on, it is a matter of perseverance, I’m afraid, because capacity comes up and goes very quickly with case turnover. Someone who may not have capacity today, may do next week. You can search for firms here. Two I know who have had capacity recently are Sinclairs or Watkins, but that doesn’t mean they do now because it is about catching them at the right time. You could get on SOSSEN’s list for a pre-action letter, but some LAs are sometimes ignoring these because they know if they ignore it, a legal aid firm still has to them take your case and that delays things a bit longer.

The pre-action letter is only covered by legal aid if you yourself are eligible for legal aid. JR proceedings themselves would be in DS’s name so he can be eligible for legal aid in his own right.

Thank you, it's a section 41 independent specialist school.
The school won't be suitable legally as there is so much safeguarding around it which I literally have in CPOMS proof.

I just have no way of taking it to court.

Thank you, I'm not going to give up, I just feel like I have brick walls everywhere I go and I'm being backed into a corner.

I will continue to just keep writing to solicitors. Could my MP help at all do you know?

For section 41 independent schools, the LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs 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 bar to prove one of these is higher than LAs and many schools admit. However, LAs regularly ignore this and force parents to appeal.

Once you have the finalised EHCP, the route to challenge the school named in section I is via appealing to SENDIST.

Failure to provide provision under section 19 of the Education Act 1996 and breach of section 42 of the Children and Families Act 2914 is separate from an EHCP appeal. It is possible to enforce these via JR, but it takes perseverance to find someone with the capacity to take your case. Obviously I haven't seen the details, and I am not suggesting you post them here, but CPOMS entries aren't always enough to prove the placement named in section I is unsuitable, inappropriate and inaccessible.

Try calling rather than writing.

By all means try, but MPs are often useless with EHCPs and s19 provision.