Looking for Help/Advice/Legal rights regarding not sending Child to Local School
norfolkguy
Posts: 1 Newbie
Hi,
This is my First post and an any help gratefully appreciated kind of post. Im 35 from Norfolk, with a wife and four children.
the issue is with our 11 year old who is to be sent to Secondary School come September. He has an EHCP document for various reasons and we applied for an SEN school only to be refused as they were over subscribed.
Now the Local Authority are telling us we have to send him to our catchment Secondary school (might I mention, its the only secondary School nearby), which is massive, diverse and we have big fears he is going to be very overwhelmed, not receive the support he needs and backtrack on a lot of hard work that his current school have put in with building his confidence and ability etc.
The SEN department at secondary School have already admitted they will do everything they can but they don't think they can cater for the level of support he would need, but accept obviously that they have to take him in. The problem is funding and staffing.
So the question lies, what are our legal rights to get our son placed within a different SEN school? Is there anything we can do? Can we take the LA to court saying they aren't providing properly for our son by not giving him access to learn, I feel they are setting him up to fail as they know his issues (very extensive, detailed through the EHCP) and his SEN co-ordinator is less than bothered and seems not to actually want to do much work for us. In effect, she's just kind of saying, well he'll just have to deal with it.
This is my First post and an any help gratefully appreciated kind of post. Im 35 from Norfolk, with a wife and four children.
the issue is with our 11 year old who is to be sent to Secondary School come September. He has an EHCP document for various reasons and we applied for an SEN school only to be refused as they were over subscribed.
Now the Local Authority are telling us we have to send him to our catchment Secondary school (might I mention, its the only secondary School nearby), which is massive, diverse and we have big fears he is going to be very overwhelmed, not receive the support he needs and backtrack on a lot of hard work that his current school have put in with building his confidence and ability etc.
The SEN department at secondary School have already admitted they will do everything they can but they don't think they can cater for the level of support he would need, but accept obviously that they have to take him in. The problem is funding and staffing.
So the question lies, what are our legal rights to get our son placed within a different SEN school? Is there anything we can do? Can we take the LA to court saying they aren't providing properly for our son by not giving him access to learn, I feel they are setting him up to fail as they know his issues (very extensive, detailed through the EHCP) and his SEN co-ordinator is less than bothered and seems not to actually want to do much work for us. In effect, she's just kind of saying, well he'll just have to deal with it.
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Comments
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Not ideal scenario for you or your 11yr old, The EHCP dictates the education it must be adhered to! If the current school can provide what is contained within the EHCP, then I don't see an argument to go to disability discrimination tribunal to force a school change on the LA, If they cant, then the school must find an alternative method, while the ideal school makes a placement, its called EOTAS (education other than at school), this could be a home tuition (provided by the LA) scenario for a few months whilst a placement is sought by the local authority, you should be looking at having a meeting at the new school with the SEN and head, if they cant provide the EHCP requirements, they must tell the LA.0
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So what does your son's EHCP actually say in the section where it nominates a school - does it state the unwanted mainstream secondary school, or does it state the SEN school?
How long ago was the EHCP written, have you had this year's Annual Review? It is customary to discuss and then nominate a secondary school during the AR in the last year of primary, as the transition year. This normally results in a revision on the EHCP as, until that point, it would have named the primary school.
If the SEN school is named in the EHCP, finding a space is irrelevant, a nominated school must take the child. If the secondary school is named, your opportunity was during the AR and revision of EHCP to challenge that decision.
IPSEA and SOS SEN are the two best websites to read up about EHCP and how to appeal school nominations.:heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote
Proud Parents to an Aut-some son 0
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