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  • How hard is it to move my child from a special school to mainstream?

    My child has attended a special school all primary (ASD was nonverbal but now fully verbal). He now has a place in a special school in high. However, lately I am feeling that maybe the special school is now holding him back socially and academically. Academically he is behind but this is because he doesn't show his ability in school and isn't challenged enough or taught the curriculum as needed. Of course, I am grateful for the tremendous support he has received when he needed it and know so many families struggle to get a placement. However, having met the secondary school, they don't offer GCSEs and only FS in some subjects. Also, socially my child has struggled (outside school he socialises with children from mainstream but the gap is getting wider as he doesn't get enough social opportunities with similar children to him) and I feel it is affecting his development. I am torn between special school and mainstream. Special school is no longer a challenge and mainstream may be too much. However as I am thinking about this, please could someone help whether it is possible to move him to mainstream if the first year of high isn't suitable for him? We don't have any mainstream schools with sen units near us which would have been better. Its either or.
    What is the procedure and what do you think is the best way to deal with this? I know he wants to go to college and I don't want to hold him back but I also want him to safe and happy and do what is best for him.
    School said when I asked he isn't ready for mainstream but also admitted that he doesn't show his true self in school and have seen glimpses of him that suggests otherwise when teachers are not around.

  • EA 1996 s19 & what is suitable

    Autistic, demand-avoidant Child with EBSNA and autistic burnout not able to attend school for mental health reasons. After 7 weeks of asking the Council for alternative education, school offered a tutor to visit at home. Refused by us (parents) as not suitable (child very protective of ‘safe space’ at home & needed to be offered something they could engage with). A PAP letter was sent from our solicitor to the Council and the response was that an allocated place was available (at the school he was unable to attend) and therefore the Council were not in breach of s19. EHCP was issued the day after this, naming the same school (who say can’t meet his needs) in Section I, and we are appealing.

    Was it unreasonable of us to refuse the home tutor, and has the Council discharged its duty with any offer of education?

  • Can an academy refuse to refer a disabled child for 14–16 Youth College/AP because she cannot first attend the same school she is unable to access?

    My 14-year-old daughter is on roll at an academy but has been unable to access school consistently since October 2025 due to SEND/dyspraxia, anxiety/sensory difficulties and recently diagnosed Overt Hashimoto’s/hypothyroidism.

    The LA has agreed Section 19 medical tuition on Feb, but no provision has started yet. We still have no confirmed start date, hours, tutor/provider or venue.LA don't always respond to emails or answer all questions.

    The academy Principal originally suggested South Tyneside Youth College / 14–16 college as a good fit. However, he is now refusing to progress the referral unless my daughter first reintegrates into the academy on a limited basis. The difficulty is that the academy is the setting she cannot currently access.

    Youth College is school-led referral/SLA route where the child remains on the school roll, so parents cannot self-refer. The LA says Youth College questions are for the school because it is school-arranged AP. The school has also said further correspondence will not be acknowledged until my daughter attends school.I requested a sar after the pa told me she had ran my complaint letter through chat gpt and would not accept it as it was 100% ai generated. They refused the sar. I will raise an I C complaint

    I have submitted a Stage 2 complaint about the head refusal but that process is too slow because the Youth College window is time-sensitive they have trials in June and it's 1st come 1 served.

    I am not asking for a guaranteed Youth College place. I am asking whether she can lawfully be blocked from even being considered because she cannot first attend the setting she is currently unable to access.

    My main questions are:

    1. If the Youth College route is school-commissioned, does the LA still have to act under Section 19 if the school’s refusal leaves the child without suitable education?

    2. Could this be an Equality Act reasonable adjustments/disability discrimination issue if the school is applying an attendance precondition my daughter cannot meet because of disability-related needs?

    3. What is the quickest route to challenge this, given the LA says Section 19 is being arranged but the school controls the Youth College referral

    4. Will she be classed as disabled due to long term condition Hashimotos and ongoing anxiety she is awaiting Cyps appointment.


    Thanks

  • Should I file for discrimination and victimisation? Given how the school is now trying to remove my child after i made a complaint.

    School failed to follow complaint procedure and concluded my complaint without sending me an outcome letter. I have requested the complaint be reviewed at stage 2 which they are obstructing. I have sent the stage 2 escalation to the school admin team to foward to the Clerk to the governing body as the Clerk contact details are not publicly available, but the admin have refused to forward my stage 2 request. Should I escalate to DFE since the chair of governor has been inbolved and concluded my complaint without sending me an outcome of the investigation and denying me access to stage 2 process
    Should i file for discrimination and victimisation?

    Suddenly, they called an ehcp review last week and said they cant meet my childd needs on the basis pf limited progress and lack of engagement. They said my child requires a provision for children with severe learning needs. I disagreed because my daughter does not have severe learning needs. She has made some progress at her own pace. Limited progress is not a valid reason to say a school cannot meet needs. The techer said my daughter does not respond to her name. I disagreed because my daughter responds to her name all the time
    The teacher then tried to argue that my daughter doesnt transfer her abilities/skill across a range of different setting even though she is able to perform the task. As an autistic child. I feel that she learns differently and as long as she is able to perform a specific task in one setting, that should count as an achievement . She needs to build confidence to be able to transfer that skill to another setting
    During one meeting i had with the head teacher last year when i raised concerns a obout recurring injuries, she mentioned that staff find me difficult and they are worried that i might accuse them of harming my child despite i have never accussed anyone.
    My concerns were regarding lack of supervision due to the frequency of injuries and school not being able to tell me how the child sustained the injuries.
    During the same meeting with the head teacher last year, she suggested that i remove my child from the school i told her it was my childs first year in school and she should give her a chance and all i was asking was enhanced supervision.

  • Taking children out of school during term time

    I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.

  • Can a school refuse a child with an ehcp who previously attended the achool

    School are refusing to admit due to relationships with peers

  • Can the LA refuse to consult an Independent mainstream

    My LA is refusing to consult a mainstream secondary independent unless I agree to pay the school fees, and they will pay any top up from the EHCP (very little support needed at the moment) my child is mainly SEMH does not want sen in a mainstream but wants to go to a small class size mainstream (independent) LA is refusing, I will appeal but is it lawful to refuse to consult the school? they seem to be using a loop hole by re stating they are not refusing to consult, they will consult if I agree to pay the fees is this lawful?

  • Can a council move an EHCP (to a 'receiving authority') while the EHCP is going through appeal?

    This is a complex situation explained to me by one of our members. The mother, while resident in Camden, applied for an EHCP and requested 3 secondary schools to consider her child (early 2025). The EHCP was so inaccurate (and included out of date information) that she believes this caused all 3 schools to say they can't meet need. She then appealed to have the EHCP updated but the appeal has been pushed back over and over again.

    In the mean time, the parents divorced/separated. The Dad remains resident in Camden but due to cost of living, the Mother (around 18 months ago) moved to Hertfordshire, temporarily. The child was fully resident in Camden when the original EHCP application was made (and attended Primary school in borough). The child had to start secondary school (sept 2025) in Hertfordshire.

    The EHCP appeal is ongoing. The Mother wants the outcome of appeal to name one of the 3 schools in Camden, then she can move back in Borough (can't move now as has to get child to school each day in Herts). Camden have just sent a letter asking for proof of residence in Camden by 10 April. If they don't get proof of residence they will pass the EHCP onto 'the receiving authority'. Is this allowed? (Note: Mother is a fire fighter, does this give her any special consideration as a key worker?) Thank you so much to anyone who can advise.

  • Can my son take Functional Skills for Maths and English instead of GCSEs?

    This is at a mainstream school with ARP (which covers Maths and English). He has an EHCP and school think he will struggle even with the Functional Skills, but they say as a mainstream school they cannot let him only do the FS, he has to do the GCSEs in both subjects as well.

  • Advice Sought: Refusal of Place by Independent School and EHCP Implications

    Hi, hope you are well.

    I am seeking advice regarding my son’s recent refusal of a place at an independent secondary school, Latymer Upper School.

    He successfully passed both the entrance examination and the interview stage; however, he was ultimately not offered a place. We are trying to understand whether there is any legal basis to challenge or review such a decision, particularly where academic suitability appears to have been established.

    Specifically, I would be grateful for your advice on the following points:
    1. In the case of an independent (non-Section 41 approved) school, is there any viable legal route to challenge a refusal of admission, absent procedural irregularity?
    2. To what extent, if any, could disability discrimination under the Equality Act 2010 be engaged if a child with an EHCP is refused a place, assuming academic criteria have been met?
    3. Does the existence of an EHCP typically create a structural barrier to admission to independent schools, and are such schools lawfully entitled to decline admission on the basis that they consider themselves unable or unwilling to meet SEN provision?
    4. Would withdrawing or ceasing an EHCP have any material impact on admissions prospects at an independent school, and what risks would that carry from a legal and educational standpoint?

    We are trying to assess whether there is any meaningful legal remedy available, or whether the school’s decision is effectively final absent their voluntary reconsideration.

    I would appreciate your candid view on prospects before taking any further steps.