Feel close to giving up (EHCP for autistic daughter)

Hi everyone,

I'd be really grateful if anyone can offer some advice on an issue that's effecting my autistic daughter's education.

My daughter has been out of school for the last 3 years. She's very bright but has received hardly any education due to her anxiety preventing her going into her registered mainstream school. We've spend those last years fighting to get her an EHCP to name her a suitable school. Her current school offer no one-2-one support as she's unable to go in and all the special needs schools say they're full (including the one we asked to be named on her EHCP who did briefly say they had a place).

The EHCP has named her current school as the suitable setting which is quite ridiculous and there's no way on earth she's going to attend it. The EHCP also says she'll transfer to a High COIN setting when available, but there's a chance this may take years by which stage she'll be approaching her early 20's.

We've been through 2 tribunals, one for refusal to access, and the second refusal to issue, and am now weighing whether to appeal yet again to get the named school changed.

With all the special schools saying they're full, and my daughter unable to go into her current educational setting, is there any point in appealing as I can't see the judge naming a place that doesn't exist - has anyone else been in this position?

What's most heartbreaking about all of this is she's so bright, but it's such a waste of her talents if we can't find a suitable educational setting.

I've tried speaking to all the well known charities but it's impossible to get through to anyone to speak to.

Any advice anyone can offer will be so much appreciated and thank you so much for reading my post!

  • I agree self representation is the norm for SEN tribunals ... However you are now 2 tribunals in and I wonder if paying for 1-2 hours of a (direct access) barrister's time to get his opinion on your case might not be worth it. www.barcouncil.org.uk/.../direct-access-portal.html thats more like 200-400£ than 12k£.

  • Hi Anna, thanks for your advice. I'd forgotten about the Child Law Advice service, I've used them before to try and find out what legal responsibilities my daughter's school has when it comes to providing an education outside school and they were very helpful.

    The resources on the IPSEA website are outstanding, but being able to speak to someone there for more complex issues has become nearly impossible. A few years ago with perseverance you could talk to someone on a Friday, but over the last couple of years, despite hitting that redial button all day, I've not been able to get through. Their appointment schedule also never seems to show any availability. I can only assume it's the increase in demand or a cut in resources.

    I'm waiting for a reply from SEND Advice Surrey (local area SENDIASS) who are very helpful, but this can take a while to get a reply as they too appear to be overwhelmed at times.

    SOS!SEN I tried to call my local branch several time yesterday and have used them in the past. I'm sure you used to be able to email them, but this since seems to have been removed, and their phones are constantly engaged. I may try one of their other branches to see if I can get through.

    Given my experience over the last few years it seems these resources are becoming more and more in demand and stretched. I even had a letter the other day from Mindworks (part of CAMHS) saying their budgets have been cut by the government and were no longer providing support. I really hope the government will change their stance on funding and support for children's SEND resources as it seems to be growing in demand and shrinking in resources. I've even complained to my local MP, but his efforts seemed limited due to what's available. Hopefully better days ahead!

    Sorry to go on, and thanks again for your help.

  • Hi Peter, many thanks for your reply. I shall try the NAS legal helpline and have a look at the kids.org.uk website, everything helps! Nearly all the legal help I've got off the IPSEA website, they even have a checklist for EHCPs which is very useful together with model letters. I am lucky in a way as I've been through a complex disability employment tribunal myself where my family legal insurers were paying my expenses, and although the SEND tribunals are less formal, the format and expectations tends to be very similar. I have a work friend with a daughter with similar characteristics to mine and he's finally managed to get her into a good school, but he told me he'd spent £12k on legal fees to get there, something outside my budget. I've gone the long way of self representation, but I know most parents do this with SEND tribunals. Thanks again for your help!

  • Hi , I am sorry you're going through such a challenging time with the tribunals. If you require further support, you may like to contact the following organisations:  

    Wales  

      Scotland  

    Northern Ireland  

    The Children’s Law Centre provides a free legal advice service and legal representation for children and young people.  

    The NI Commissioner for Children and Young People (NICCY) and their work is focused on making sure children and young people have access to their rights in their day-to-day lives, so they have the best opportunity to reach their full potential.  

    England  

    • Every local area has a Special Educational Needs and Disabilities Information Advice and Support Service (SENDIASS) that can provide information, advice and support to parents and carers of children and young people with SEND, including on exclusions.   
    • Independent Provider of Special Education Advice (IPSEA) is a registered charity that offers free and independent information, advice and support to help get the right education for children and young people with all kinds of SEND.  
    • Coram’s Child Law Advice service can be accessed through their website or contacted on 0300 330 5485 from Monday to Friday, 8am – 6pm.   
    • SOS!SEN offers a free, term-time, national helpline, staffed by a team of volunteers, to provide next step advice and support on questions and issues parents may have relating to their child’s SEN provision.  Their helpline number is 0208 538 3731 

    I hope this helps.

    Best wishes,

    Anna Mod  

  • you've been through 2 tribunals already. did you have legal advice? What did they say? Also NAS used to have an education rights advice line on 0808 800 4102 but I'm not sure if this is still active. you could also try www.kids.org.uk/.../