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!

Parents
  • 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/.../

  • 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!

  • 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£.

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