Independent schools refusing EHCP application

We have just had a draft EHCP come through in July for my autistic son. He is 10 years old and was managing fine in primary school where he was in till July 2022. He moved to Middle School in September 2022 and he has had 3 exclusions since then. Since November he's been on a reduced timetable where he only goes into school two hours a week.

However, the council are currently funding alternative provision for him where he is being home tutored. He is doing well with this and I have been told he is very academically able and a joy to teach.

The report by his current school in the appendices of the draft ehcp raised alot of behaviour concerns and section b has used the wording from this here. The la have agreed to fund an independent school for him as he needs a school where he can stay till 18 and a smaller setting like in primary.

The la have sent applications to 3 independent schools and all 3 have rejected saying they can't meet need due to behaviour mentioned in his current schools report.

I'm at my wits end with worry as this whole process has been exhausting.

Shall I try and challenge the ehcp so it can be changed before it's sent to any more schools? I've asked the la to remove the appendices with the schools report and to take out certain sentences from section b. They have said they can't as this affects section k. Shall I take this to tribunal?

Or shall I push for a special needs school and can they reject him too saying "they can't meet need"

Any advice would really be appreciated as I don't know who to turn to for help.

NAS68345 over 2 years ago

Hi

I went through something similar with my daughter. She had extreme school anxiety in year 6 and her attendance became very poor. She only attended part time for a few weeks and then refused to attend. Her EHCP was late and the LEA believed that she coukd attend a .manstream with one to one support. The secondary school disputed this and so did I, as she could no longer cope within mainstream.

The LEA then consulted with a autism unit and 3 other special schools and they all said no as they couldn't meet needs. Only one accepted her but with a one to one, which the LEA didn't want to fund as it was very high (£94,000). They tried to persuade the school to take her without one to one as there were going to be taught in small classes. But the school wouldn't agree to this.

Anyway a few months later. By now feeling very desperate and lost, we were offered a place at an independent school which catered for social, emotional and mental health needs specialising in autism and trauma

My daughter started last Easter and has been attending every day since then.

Sometimes due to a child's complex needs, schools including independent ones csmt cater for certain children. My daughter is very able and has never hurt anyone outside the home but due to her anxiety and sensory needs she has challenging behaviour.
Peter over 2 years ago

The ECHP exists for a reason so I certainly wouldn’t try and have it reduced in its requirements to try and get him in somewhere. Ultimately it is a council job to see that the ECHP is met weather there’re schools willing to do it or not.

also are you absolutely certain, and indeed does the local authority agree, that it’s a question of them not been able to provide the support needed as opposed to not wanting to. If you believe it’s a question of won’t and not can’t admit your child then the question of discrimination arises and you should probably seek legal advice because in that scenario forcing and independent school to take him is theoretically possible.

if there isn’t a legal angle and the ECHP specifically says that he has to have a school with a small class size which he can stay in until 18 The local authority is still obligated to do that. I would imagine by setting up a small class in existing high school if they can’t find any other way to do it.