College placement threatened due to LA inactivity (sorry, long)

[ElfDragon]

hello, long time no see - I used to hang around here a lot quite a while ago. My dc are mostly grown up now, but I’m in need of advice, and where better to ask 😁

my eldest is 21. At college currently, in third year. Placement has been bad to dismal (long story). LA has largely been benignly absent over the years - not turned up at most annual reviews, leaves everything to the last minute, often misses deadlines. It hasn’t mattered, because dd’s EHCP is water tight, and (until college) she has been in a fantastic provision, so being left to our own devices was bliss.

it is now, however, a problem.

dd is severely autistic, with learning difficulties. She is reasonably able, and can make good progress when supported well. We want her to remain in education (she wants to as well), but not at her current placement. Had annual review back in November 2025 (called 5 months early, as she is considered a transition student due to being in third year). Stated our preference to remain in education, and college made the submissions for a fourth year. Have heard nothing since, despite both college and me chasing.

college placement has further broken down, and we would like dd to move to a different college. Applied, place offered and accepted, subject to financing as always. This was 2 months ago.

we have still heard nothing from LA. New college has ONE place left. It is now a matter of urgency that we hear what is happening from the LA.

obviously they are completely out of timeline and acting against the law to not have followed up after the annual review. Again obviously if they decline to fund we would move to tribunal and therefore they would have to fund anyway while we wait for a tribunal date.

my question is - is there anything else we can actually do to get them to respond? I have contacted (again!) and it has apparently been escalated to ‘urgent’ given that we are now 3 weeks away from the end of term with no plan in place for September (or July, if they decide to try to not fund further) but this, according to LA protocol, still gives them 5 days to respond. I cannot contact dd’s case worker individually - all personal mailboxes have been disabled. There is only a central call centre number, and a central mailbox where communications get ‘triaged’ and sent on.

it is looking increasingly likely that dd will lose the college place she really wants, due to complete inactivity and inbuilt delays from the LA. What recourse do we actually have?

Post 16, it wouldn’t have been a phase transfer if continuing in the same placement for a fourth year. But it would if moving from one post 16 placement to another. Then, the EHCP must be finalised 5 months prior to the move.

Following your AR meeting in November, the report should have been circulated within 2 weeks of the meeting. Then, within 4 weeks of the meeting, the LA should have informed you if they propose to amend or not (or cease to maintain), and if they were proposing to amend send the amendment notice/notice of amendment/draft/whatever you want to call it and finalise within a further 8 weeks. If this hasn’t happened and chasing hasn’t worked, email the Director of Children’s Services threatening JR. Their email will be available online. It is also worth emailing the Monitoring Officer. Most of the time, this is available online too. Whilst doing this, look for someone with capacity to take the case for a pre-action letter.

Is DD’s preferred placement wholly independent?

Again obviously if they decline to fund we would move to tribunal and therefore they would have to fund anyway while we wait for a tribunal date.

If you mean if the LA tries to cease to maintain, they would only have to maintain the EHCP as it is at that point. They wouldn’t have to fund DD’s preferred placement if it isn’t named in I. Similarly, if the LA maintain the EHCP but doesn't name your/DD’s preference and they don’t have to fund your preference whilst you appeal.

Thank you.

yes, preferred placement is wholly independent.

dd was treated as phase transfer, as coming to end of 3 year placement. I know this, as I queried why her review was being called so early, and was told this wa sure reason. So the LA were treating her as phase transfer.

report was circulated from annual review within 2 weeks, but nothing from LA ever since.

I will check for director of services email, and monitoring officer too, thanks.

I realise that if we move to tribunal that finding would only continue for her current placement, but that is better than her coming out of education. Current placement is not good, but forewarned is forearmed and I can approach the next year very differently.

we are in a bit of a time loophole as didn’t have a place to move to for EGCP to be finalised 5 months before the move. Since we have only had this offer of a place for 2 months, where does that leave us with trying to get her EHCP finalised, since it clearly wasn’t following the review which was considered a phase transfer?

If you can’t find the email addresses, if you want to post or PM what LA you are in, I will try to help.

Legally, when moving between post 16 placements, the EHCP should be finalised 5 months beforehand. Although, just like the other deadlines, LAs do breach this, so sometimes it isn’t 5 months by the time parents/YP have the finalised version. And sometimes in practice situations arise where a sooner move is needed. Having 5 months prior as the deadline rather than a specific date also allows for moves at times other than September.

It doesn’t matter you didn’t have an offer of a place when the AR meeting happened. You do now. The LA must still send an amendment notice/notice of amendment/draft and give time to comment on it/state preferred placement.

The LA may have told you they were treating DD as a phase transfer year, but legally, they would only need to hold the review early and have the 5 month deadline if DD was to move between post 16 placements and not if she was going to remain in the same post 16 placement. LAs say a lot of things that aren’t accurate.

LAs say a lot of things that aren’t accurate - ain’t that the truth!

I have found the director of children’s services email (I am in Surrey), and am mid way through my email.

it is the urgent nature of it all that is problematic. Everything has always rolled on being late, and while frustrating and annoying (and galling that legal deadlines are so readily ignored)it hasn’t been a problem, until now, and now it really matters.

oh the joys of SN parenting. To be fair, I did have it relatively easy (in EHCP terms!) for many years, but I am now far too old for this nonsense! Need to remember and regain my fighting stamina from the early days!

Shout if you need the Monitoring Officer’s email address.

Yes please, I haven’t yet found that

The general email is [email protected]. Her direct one is [email protected]. You might see a couple of other names mentioned in relation to the monitoring officer because of the transition, shadow authorities and their interim roles, but I would use the two addresses above for now.

Thanks. I am trying to accept the fact that dd will likely lose the place at her preferred college. So disheartening for her - she really lit up when she went for the assessment day, and I have rarely seen her as enthused about attending a place (and she has generally, up until her current placement, adored school and learning and skipped in each day raring to go).

equally depressing will be keeping her at her current placement. Even more depressing is the fact that that is better than coming out of education to absolutely nothing at all. God, it’s all so horrible.

Well, I have had a response, so things are moving at least. Hopefully we can come to an agreement on moving forward

Brilliant. I hope you see progress ASAP.

You may wish to still start looking for someone with capacity for a pre-action letter in case you don’t see movement because it can take perseverance. Demand is high.

Yes, not stopping those enquiries!

response is from mediation and disputes resolution, so we’ll see what happens next. Hopefully not just another time wasting place holding move, but I’ll know more tomorrow

OMG. She’s in!

just had email from the dispute resolution lady, following our call this morning, and it’s all sorted! She’s going to her preferred placement in September 😁😁😁

Hurrah! I’m glad it has been sorted. Although the proper processes still haven’t been followed if you haven’t received the amendment notice and been given time to comment on it.

No, proper processes haven’t been followed. But the only amendments are the ones that allow the new placement, so I’m happy with them 😁

Off for a celebratory bar of chocolate (or two), and a good night’s sleep (before the next heatwave arrives 🥵)