Understanding change of placement in section I after permenant exclusion?
My son is in year 7, EHCP and been permanently excluded.
He was in mainstream and I was trying to get a change of placement but the LA had not put the paperwork through in time and told me to wait. In which time he was PEX. I'm not appealing the PEX as it's pretty pointless, he lasted 10 weeks in Mainstream school.
Now the PEX has prompted a change of placement under section I. I have named a specialist, the LA are consulting on Parental preference. But they feel his needs can still be met in Mainstream and consulting with them.
Due to the PEX he is now educated outside of school and the LA have set him work online with a tutor online. Which obviously does not meet provision F. I also work full time and after next week I have zero childcare. I have complained to the director of children and suprise, nobody cares.
I have two questions with anyone that has been through this:
1.When the LA name a school that is not parental preference I have the right to appeal under SEN tribunal, this is currently a 9-12 month wait, is this triaged as more urgent as he is not in school? Also will the 'tutoring' remain in place whilst I appeal?
2.I have contacted every solicitor I possibly can to proceed with judicial review, can anyone recommend anyone that could take legal aid and has availability?
I actually have no idea what to do and I don't actually no how I'm going to keep my job. Anyone that's been through this experience and could share would be much appreciated, I can't find this situation online anywhere.O
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 18 Dec 2025
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No
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Simple
On what basis does the LA consider that mainstream will work? What went wrong in first M/S sch why will it not happen again? If he is on PEX then he should be receiving a full time education under s19 Education Act 1996. There is no duty on you to provide child care. The duty is on the school. If he is not getting that then the remedy is Judicial Review.
RE Q1 If you appeal to the Tribunal then you need to mark your application as “Child out of school ” and ask for an accelerated hearing. The Tribunal will do their best to accelerate a hearing but even then it will be difficult. I do find that an application for an Equality Act appeal can also help in these circumstances.
RE Q2 Follow the link here https://educationadvocacy.co.uk/legal-aid/ and that will take you to the Legal Aid web site for education lawyers. They are very busy and you may need to ring around. There is no need for a provider to be local so any provider will work no matter where you are in the country.
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