8yo without any school place at all - advice please

Laurenxsned

Hi

By this time next week my autistic daughter will be without any school placement at all.

Nov 2024 - annual review process started at current mainstream school and consult with specialist requested to ensure she has specialist in time for phase transition, followed by day after delay without explanation or just cause (as validated in stage 2 complaint resolution in August 2025)

July 2025 - draft EHCP completed, this was very out of date and not reflective of her current needs nor any of the specialist work that had been completed over the course of the year and incorporating any of the feedback into EHCP from this. Feedback was given and consultations sent to SEN schools

Sept 2025 - visited a number of schools.

School A - appropriate and we loved but needs “incompatible with current cohort”

School B - appropriate and we loved, and have offered a place.

School C - inappropriate and unable to meet needs based on discussions with SENCO, but have offered a place.

October 2025 - local panel agreed upon place at School C, I challenged this and sent in depth and evidential letter to panel to reconsider changing to school B.
Subsequently, county panel agreed again that she is to go to School C, final EHCP issued, with keyworker stating that she had finally done the required updates to the EHCP from mine and schools feedback in July 2025 on the same day as the final EHCP was issued. Start date 2 weeks after date of publication stated within that, without discussion with myself or current school, for daughter to start at school C.

Myself and current school have challenged this, and I have started the tribunal process, however have been told that current placement will no longer be funded as of next Friday (14.11.25), and if I do not take her to School C (as this will not meet her needs and impact on her and our family in every way) then it will be dealt with that I am refusing to take my child to school and will either be prosecuted or have to electively home educate (which isn’t what we want and isn’t possible at all)

I’m confused as to where we stand legally, as her current school are happy for her to stay there through the tribunal process and school B have held her place so I don’t know why she can’t just stay where she is while tribunal takes place. SENDIASS and IPSEA haven’t been helpful with their advice on this matter.

Has anyone else been in this same position? Did your child end up out of school? Is this legal? Is this all my fault, because that’s how I am being made to feel by the LA, school C and my family members?

Most importantly, how do I explain to an autistic 8yo what is happening and why she can’t go to school?

onlymeagain

Sadly it's all to common these days. I know you have stated you don't wish to home educate, but your LA won't want you to either. So you could state that unless your child gets a place at school B, you will HE. This worked for us when the LA were insisting on Mainstream even though we'd had to pull him out. We were happy to HE though as he had already been for several years.
I believe a child does not have to attend a school just because it is named on the EHCP and they should never have finalised it without you agreeing.