how easily can LA move a child from independent to a free school?

[bjkmummy]

if your area which currently has no special schools, decide to open a free special school and your child is happy in an independent asd specific school, could the LA at a annual review try and move the child into the local free school?

 

i have just won an independent asd school placement which is an hour away. now the LA have announced that they are looking at opening a free special school in 2015 - the exact time when my son should be going into secondary school so have a gut wrenching feeling that the LA will try and move him there as his secondary placement whereas of course I would want him to stay where he is. his statement states he needs an asd special school. the free school would be a generic school for complex needs children. im also guessing all therapies will be bought in by the NHS. the people opening it run a maintained special school in the next county that my other son goes to.

 

maybe panicing over nothing as theres no guarantee they will be able to open it but just want to get prepared now for the next battle - my son has been in his independent school for two morning and here i am now plotting the next blooming battle!!!!

[bed32]

I think it is too early to start panicking

 

If he is in an independent school and making good progress then it would be difficult for the LA to move him - particularly if you got the placement as a result of a tribunal. I think the chance of them getting the school up and running in 2015 is slim anyway - these things often slip a year or two - and when they do with no track record it would be hard to force anyone to send their children there. I think that would be an easy win in tribunal.

 

Note the LA cannot move him without you having the chance to go to tribunal - if they want to modify part 4 then they have to wait for your appeal before they implement the changes.

[bjkmummy]

i think i am still in fight or flight mode post tribunal as it was such a humdinger of a battle - i know i need to relax and chill but the dirty tactics used during tribunal have left me scarred and full of worry and doubt with my LA. in principle i think the new school is a good thing and could see my elder son there but by the time it opens i would not want to move him from his special secondary as he would be too settled there but if the go past 16 then i could indeed consider it. mad at myself really cos i blooming suggested it to the head that he should open a free school in my county and now he blooming well is trying. wheether it would be ready in 2 years is difficult to say and im expecting there would be some delays along the way

[bed32]

Doubting the LA on principle is probably a very good idea.

 

I think it would be very hard for the LA to move a child who was happy and established in a school - to be honest I have never heard of any LA trying to argue that before tribunal (but I'm sure some have tried).

 

I think now is a time for a bit of relaxation now you've won the big battle - don't cross your bridges before you come to them

[Sally44]

I have found that since we won our tribunal they have just left us alone.

 

The LA EP does attend Annual Reviews, but he just sits there and doesn't assess my son or anything like that. It is very hard to get a child out of an independent school because you have to prove they are not making progress, and they generally are. Also the LA will not have anything equivalent or better to offer.

 

We've got our second AR in May. His school are also holding a seminar about the changes to the SEN bill proposed by the Government, so I want to go along and see that as a SEN Solicitor firm is delivering the seminar [sEN Legal].

 

I also received a cheque yesterday for £675 compensation, and an apology letter from my LA regarding a complaint I lodged to the LGO. And I would use them again now if my LA tried any underhand tactics again.

[bjkmummy]

Sally, I think I am going on a similar course in may and got excited thinking it could be the same one but just retread your post so. I not sure if it is. The one I am going to is in Nottingham in may.

 

I am also going to start my OU law degree in sept and want to specialise in sen law. I am yet to do my complaint and I need to do it. My social worker came yesterday and my younger son is to have a new reassessment re his care needs so we may get more respite.

 

He has now started his new school. On done 2 mornings so far but he is getting there and so far he is very very happy to go to school and we have had no vomiting. He is in a class of 3 children - the other 2 kids are just like him so he does have a good peer group.

 

Another online friend has gone last week to view your school. She loved it and is now in the process of trying to get her daughter in there hopefully by may

[babnye1]

Mmm, LGO can be less than effective if a LA is happy to lie about what they have been upto. LGO will often back LAs up even when they are acting illegally.

[Sally44]

Yes, I have complained to the LGO before, and the LA lied and the LGO backed them up. However before my second tribunal I carried out a Freedom of Information Act search, and uncovered a paper trail that proved they had lied, acted illegally, ignored their own professionals advice and even had meetings about how they could write a Statement that was not legally enforceable!

 

I also found, on my first complaint, that the LGO used case law to back up their findings, and that case law had been overturned! So I also wrote to them about that.

 

However they did come good on my second complaint.

 

As a lawyer you will know how important it is to know what the LGO can investigate, and to ensure that you are absolutely clear about your complaint and what it should cover.

 

I complained about how long it took SS [who are also employed by the LA], to put together his respite package.

 

I did not complaint about the fact that I was writing to them for over a year and they just ignored my letters and phone calls. I don't think I will complain about that.

 

However, if something similar happens in the future, I know who exactly to complain to at the LA, and if nothing is done to lodge a complaint with the LGO.

[Sally44]

Regarding your original post. I don't think a Panel would agree to move your son. Even if they do build this school they are unlikely to have SALT and OT on site.

 

If your son is making progress in school they cannot move him. I'm not saying they won't try it on. But if you lodge an appeal he would stay where he was until the appeal and it is unlikely the Panel would agree to move such a child. And at the transition review i'm sure everyone will be saying positive things about his new placement. Also, unless the law has changed, LAs still have to go with the parental choice of placement.

 

From your Tribunal papers it is clear how anxious he is. It is clear how mainstream failed as a placement.

 

And his current school are not going to recommend he leaves them. So the LA would need an NHS SALT and OT and their own EP to all assess him and agree that he no longer needs that placement, but he needs one at the new LA school [which will be new and untested].

 

And there is also the fact that they are probably building this type of school because of the amount of tribunals they are losing. So it will probably be oversubscribed anyway.

 

Until I know more about the changes to SEN law, I am more nervous about changes in that area. Especially if a child is to receive an SEN 'budget' that is capped and which maybe less than the cost of the placement.

Edited April 21, 2013 by Sally44