My child is now aged 17 with complex needs. 16 months ago after over 2 years in hospital it was decided they should be discharged with a 24/7 carer s117 aftercare package. They have an EHCP in place for education.
Our LA failed to secure any care package and their SEN team failed to hold a suitable college place for education for Sept 2022. I asked for s17 leave to start college anyway pending a discharge that was still expected to happen. The college was however full and then refused admission. My child deteriorated as a direct result of losing the option to attend this college and then refused to come home with care, instead wanting a placement with care. Local authority have said yes to this but failed to then provide anything. My child is now 16 months into the discharge planning that can start as soon as provision is sorted. SEN have once again failed to hold the college for September 2023 so another year will be lost. Have a SEN tribunal hearing but LA contested an earlier hearing and tribunal making us wait for Feb 2024 for that.
My child is looking at judicial review now, but is there anything we can do to resolve this sooner? Any case law that effectively tells the LA they have to source the provisions themselves if providers aren’t coming forward with offers? Anything that states the SEN managers should be naming and holding an educational placement for my child for the time of discharge?
As we approach them turning 18 in March 2024 a whole new level of complexity is added when they have to advocate for themself with adults services rather than me doing it.