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Independent schools refusing EHCP application

NAS85258

Hi

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. 

Parents

  • 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.

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  • 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.

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