Council Delays Lead to Five-Year-Old’s Loss of SEN School Place

The parents of Oscar, a five-year-old non-verbal autistic boy, state that he has been “denied education” and lost his designated school placement because of administrative shortcomings by the council. Oscar’s school start, scheduled for September, was hindered by delays in council assessments, preventing him from receiving an education, health and care plan (EHCP) within the necessary timeframe. His family, residing in Hastings, successfully challenged the situation at a tribunal. The tribunal subsequently mandated East Sussex County Council to conduct an assessment and provide an EHCP. The council acknowledged a substantial increase in EHCP requests and affirmed its dedication to collaborating with parents and carers to address children’s requirements. Oscar’s parents initiated the procedure to obtain the plan a full 12 months prior to his scheduled school commencement. However, they expressed being “baffled” when the council “refused to even assess him,” leading them to feel “forced” into pursuing legal action. His father, Alex, commented: “No family should have to go to court simply to secure the right to an education for their child.” By the point his EHCP was eventually issued, Oscar had forfeited his school placement and an entire year of education. Alex further stated: “You have to first of all get used to having an autistic child, and then you do, and then suddenly the battle is not that, the battle is then the system.” His mother, Maria, described the situation as having made their lives miserable, adding: “It is like they want to set you to fail.” Alex also remarked: “You are either angry, or you are sad, or you are trying to not think about it.” ESCC stated its practice of collaborating with parents and carers of children with special needs to identify an educational environment capable of fulfilling their requirements and enabling them to attain optimal results. The council indicated it was unable to comment on specific individual cases but appended: “Although there is a much better availability of special school places in East Sussex than in many parts of the country, we are unable to meet the demands of all parents.” It concluded: “But our priority remains to ensure that children with the greatest needs are offered specialist provision in a timely manner.”