LA forcing my ASD son to move residential placement named on EHCP, injunction, tribunal, Judicial Review?

[mummy1970abc]

My 17yo son (ASD and complex SEMH) has an EHCP that was updated in spring this year. It has a dual registration placement listed in section I. He’s a section 20 kid. He goes to a mainstream college that stated that they could not meet unless the (at the time current) residential SEN placement took over the aspects of the EHCP that they could not fulfil. This dual registration has worked really well.

The LA then sent notice (last week) to the residential part saying that he will no longer be attending as of the start of August… 4 weeks time..
They have given us no reason, just that they will no longer fund that placement. They want to put him in alternative accommodation where he can transition to adulthood in a supported environment. Which is exactly the support he is currently getting.
The residential setting is an independent therapeutic Sen school and home.

He is at the end of his 1st year of a 2 year course and will therefore be leaving both places in 11 months and then going to uni. This battle has been going on since Jan of this year and has caused a significant decline in his mental health. He has a history of ASD induced psychosis caused by an increase in anxiety.

I have notified the LA that they are breaching section 42 of C&F Act.. but they don’t care and are doing this anyway. I am being fobbed off with delays to the tier 2 complaint. I have raised it with the LGSCO who are waiting to see what happens.. I have contacted our councillors and MP.

We have an EHCP meeting on Monday as reports were not available at the review meeting from Ed psych etc. and these are needed to make changes to the support and outcomes section. I know that the LA will use this as an opportunity to change section I.

And when they do we will go to tribunal.

I asked them whether going to tribunal would put a hold on their changes and make them adhere to the current EHCP - and they said “no” they will push ahead with their changes.

So in 4 weeks time, my son, with no explanation will be forced to move, possibly to live on his own, they have no intention of listening to his wishes documented in the EHCP meeting as they have already served notice.

None of the professionals involved want this move to go ahead. But the LA have made the decision to do it anyway..

Please give me your thoughts and advice - please be kind - I am at my wits end.

If the ehcp is current they can not move him until you get a new final. So that would be judicial review

If they are changing it it would be appeal but you need to final letter to lodge it.

Your best bet might be kicking up a stink with the director of children's services.

That sounds absolutely horrendous. I’m so sorry. I’m not sure I have any advice, just a bucketload of sympathy.

Is your MP useless or a good one?

The meeting is tomorrow.. so the current EHCP will only stand for as long as it takes for them update it.. and even though this L.A. is notoriously late for updating them, I know they will do this one as a rushed job.

which means by the time we get the JR we will be needing to apply to a tribunal instead..

and a tribunal will not stop them from moving him.. according to them.

do I get an injunction?

I’m really not sure yet.. she’s trying.. but we still have no resolution

And thank you ❤️

I’ve written to all of the directors - and this is still where we are at. Thank you for your help though. 😢

You may want to report this thread and asked to be moved to the special-needs forum.

There are plenty of people who could give you some advice on there. even if it’s where to go for legal advice.

When is he 18 and does the residential have registration to take adults or is it for under 18s only

Has there been a care act assessment and if so does this confirm an accommodation package?

Can you afford a solicitor as I really think that would help. If not then contact SSS!SEN or IPSEA. Your LA are acting appallingly.

You can get a fast tract tribunal but it will still take ages. The judge can over rule anything on a ehcp so they could reverse it, but it would take time.

Can you go to the press?

Are they suggesting he comes home are do they have a place lined up? To be brutally honest if it's to come home I would say you can no longer parent him so he is going into their care, but no sure how that works after 16. It's a threat I have made a few times myself.

Sorry I only know about the appeal, Jr routes.

Thank you - I did try to find one.. but couldn’t.. will have a look

I have a meeting with one lined up on Tuesday.. but I was just hoping for a glimpse of light at the end of a very long dark tunnel

They are wanting to put him in alternative accommodation. But they have nothing lined up even though it is meant to be in 4 weeks time.
he needs stability and routine.. so the potential of moving and the not even knowing where he is meant to be going is killing him.

He is 18 later this year. And the residential placement have already confirmed that they will continue to take him until he finishes sixth form next year.

the time issue is why I was wondering if I would need to get an injunction? If that is even a thing..

Ive tried contacting the press but I’ve been pretty useless at getting their attention so far. So if anyone knows anyone.. I’d be very happy to scream this from the rooftops.. obviously keeping his details anonymous.

How much is the new placement and how far from his school / home? You could argue case law that it has to be the nearest place that can meet need and that under 12k isn't disproportionate cost to the tax payer. If that works in your favour.

Tell the LA if you win a tribunal you come after them for your costs as they are being unreasonable and that you will also go to the lgo to recover the cost of distress for your child.

You could try Ofsted. Email them and cc your mp and director of children's services. Ultimately this kind of thing is happening daily in England

Have you considered JR on the grounds that the LA has accepted without legal basis given that there is no evidence supporting the change of placement. And that this is an urgent matter and SENDIST is not an appropriate recourse given the length of time for a hearing?

I am so sorry. We have a 16 year old DS with asd and mute and have had awful dealings with LA refusing to give support to extent he was then sectioned during my cancer treatment. We have found complaints route does nothing. A lawyer may be able to help though pricey but the price is part the reason why it works.

The other way we have had a tiny bit of success is by getting cahms etc to say damaging to his mental health what doing and ganging up against them. You could try for a best interests meeting if LA are really alone though ultimately they do own thing and ours only care about saving money.

I'm so sorry you and your lad are having to go through this.
It's awful they can just do this and not really give an explanation.
Is this more costly? Not that it matters but it will to them.

And the care act assessment?

The existing EHCP will remain in force until the amended EHCP is finalised. When was the AR? If the LA is going to amend they must send the amendment notice and draft within 4 weeks, and finalise within a further 8 weeks. Unfortunately for you once the new EHCP is finalised that is the legally binding version even if you appeal.

You mention the LA is in breach of s.42 CAFA 2014. Is the SEP in F detailed, specified and quantified? With no vague or woolly wording such as “access to”, “would benefit from”, “opportunities for”, “regular”, “such as”… If it is detailed, specified and quantified it can be enforced. If it is vague and woolly it can’t be, unfortunately, and if/when you appeal you should try to get the wording tightened up.

An injunction is one of the possible remedies of JR. Although many don’t get that far, the majority don’t go further than a pre-action letter. JR may be possible - SOSSEN can help with a pre-action letter but there is a wait for them at the moment so you could look elsewhere.

I was worried that a JR, although right for now as they have not changed his EHCP would be null and void as soon as they have, through the lawful routes, changed the EHCP.
but that my legal redress, sendist, would not work because it would take too long.. and they will move him before then.
which is why my head was then going down the route of an injunction? Would a jr manage the whole thing?

I’m not sure - I’ll need to find out about that..

I am not a lawyer but my understanding is that Judicial Review (JR) is typically a remedy of last resort, used when there are no other adequate remedies available. In most cases, if there is an alternative legal remedy available, such as an appeal to the Special Educational Needs and Disability Tribunal (SENDIST), the court will not allow a JR.

However, there are exceptions to this rule. If the alternative remedy is not effective – for example, because it would not provide a resolution in time to prevent serious harm or injustice – the court may allow a JR. The court would consider a number of factors, including the urgency of the situation, the potential harm to the child, and the reasons why the SENDIST appeal would not provide an effective remedy.

To add that JR is a review of the lawfulness of a decision, rather than a re-assessment of the facts of the case. The court would look at whether the LA has followed the correct legal process and acted within its powers, rather than re-evaluating your son's needs or the suitability of the proposed placement. That is why I referred to acting without evidence and so on