When the school is not the right fit

When the school is not the right fit; Navigating challenges for children with Special Educational Needs and associated Learning Difficulties

Every child deserves an education that not only meets their unique needs but aids them to thrive within the learning environment. For some children with Special Educational Needs (SEN) finding the right school can be challenging. When attending a school that is not the right fit for a child’s needs, it can have a detrimental impact on the child’s academic progress/success, emotional well-being and overall personal development.

Recognising the signs that a school may not be meeting your child’s needs

Whilst it is often obvious if your child is not thriving within the school environment, some children mask their emotions in and out of school. It is therefore important to recognise the signs that the school they are attending are unable to meet their SEN.

Your child may be exhibiting academic struggles and be unable to keep up with the curriculum despite having additional support. There may be emotional distress in the form of increased anxiety, depression or behavioural difficulties that seem to be linked to school. Further signs to be aware of is their lack of progression within school and poor communication between the school and yourselves as parents/carers regarding the child’s progress and needs.

What do you do if you suspect that your child’s current school is not the right fit?

Communicating with the school and seeking alternative placement:

In the first instance, it is best to communicate with the school and express your concerns regarding their inability to meet your child’s needs. If the school agree they are not the right environment for your child, or you feel that you child would be better placed elsewhere on account of the current placement being unsuitable, you can research alternative placements that may be suitable to meet your child’s needs which may be specialist schools, independent placements or other public schools. However, the next steps you take will vary depending on whether or not your child has an Education, Health and Care Plan (EHCP)

Considering an EHCP?

If your child experiences SEN or associated Learning Difficulties but has not been issued an EHCP, either yourselves as parents/carers or the school can request that the Local Authority conduct a formal assessment. When you make a request to the Local Authority you are asking for an ‘Education, Health and Care Needs Assessment’ (EHCNA) to be conducted.

If the Local Authority agree to assess your child, the assessment process will begin. Further to assessing your child, the Local Authority will need to make a decision as to whether they will be issuing a draft EHCP for your child. Once issued, they provide you with 15 days to provide your written representations (requested amendments to the draft EHCP). As such, they will possibly amend the draft EHCP and issue a finalised EHCP to yourselves.

This EHCP process must be completed within 20 weeks, from the date the Local Authority receives the EHCNA request. If it is not, please contact our specialist education law team so they can establish if an exception to this time applies, and if not, they can assist you challenge your Local Authority for the failure to comply with the deadline.

What can you do if the Local Authority refuses to assess your child or issue an EHCP?

After making the EHCNA request, the Local Authority will need to decide within a set time if they are going to assess your child. Further to this assessment, they will need to make a decision on whether they are going to issue a draft EHCP.

If the Local Authority refuse to conduct an EHCNA of your child, you will be granted with the right to appeal their decision to the Special Educational Needs Tribunal (Tribunal). You will have to submit your appeal and all documentation evidencing your claim and begin the appeals process.

If the Local Authority later refuse to issue a draft EHCP for your child, you will be again granted with the right to appeal their decision to the Tribunal and progress with the appeal process.

Our specialist education law team, can assist you, if you need to appeal to the Tribunal

What can you do, if the contents of the EHCP are inaccurate, out of date and require further adaptation:

When issued with a draft EHCP you will be granted 15 days to provide your written requested amendments (written representations). Further to receiving this the Local Authority will either decide to amend the document and issue a further draft or they will finalise the EHCP as it is.

The Local Authority will issue the Final EHCP alongside a cover letter, this letter will outline the next steps you can take including your right to appeal to the Tribunal. The deadline to submit your appeal is the latest of the following 2 dates:

• Within 2 months of the date on the cover letter from the Local Authority
• Within 1 month of the date of the mediation certificate, which must be requested within 2 months of the date of the covering letter from the Local Authority.

You can appeal to the Tribunal against Section B (the description of the child’s special educational needs), Section C (the description of the child’s health needs), Section D (the description of the child’s social care needs), Section F (the special educational provision outlined), Section G (the health provision outlined), Section H (the social care provision outlined) and Section I (placement named) of the EHCP. Our specialist education law team, can assist you, if you need to appeal to the Tribunal.

Changing Schools; the challenge of adjustment

For some children, changing schools can be a daunting process, even if they do not like their current school. It can however, be a positive step towards ensuring your child receives the education that they deserve and that will help them thrive.

Whilst you can never fully prepare your child for the transition into a new school, whether it is just changing the school itself or phase transfer, there are some things you can do to ease your child’s worries, and yours!

It is important to prepare your child for the upcoming change by talking about it in a positive and supportive way. Talk about what the new school can offer and how this can better meet their needs. Visiting the new school can help your child familiarise themselves with the pupils, staff and environment around them. The new school and where applicable the child’s current school, should also work with you to prepare a transition plan to ease the transition for your child.

To ease your worries, it is very important as parents/ carers to stay involved in the process! Continue to actively be involved in your child’s education through regularly communicating with the teachers, support staff etc. Continue to monitor your child’s progress and address any and all concerns. 

Needing further advice:

Does the above resonate with you? Are you currently in one of these positions or just beginning the request process?

We have experience in all the areas above and can aid your process from start to finish. If you require help requesting an EHCNA, drafting the written representations, appealing the refusal to assess, appealing the refusal to issue, appealing against the contents of the EHCP or anything in between, please do not hesitate to contact us in this respect.

Conclusion

Every child has the right to an education that supports their individual needs and helps them reach their full potential. If your child with Special Educational Needs is attending a school that is not right for them, even if named in the EHCP, taking proactive steps can make a significant difference. By advocating for your child and exploring all available options, you can help ensure that they receive the education and support that they need to succeed and thrive. If you would like discuss your matter with one of our SEND lawyers, please contact us on 0333 202 7175 or education@hcbgroup.com