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Advice on tribunal when Sen school is full

(6 Posts)
stridesy Sun 09-Dec-18 22:33:39

My son has been out of school since easter and we are appealing as la just named specialist school in section I. We've exhausted specialist independent schools and any within an hour radius. We are appealing a free school which is new and expanding in sept 2019 by 20 spaces. They can meet needs but say they are full. Any advice be great. Tribunal is in Feb.

Claw001 Mon 10-Dec-18 07:21:13

“If one of the type of nurseries, schools or colleges listed in section 38(3) CAFA 2014 is named in section I of an EHC plan then they must admit the child or young person (section 43 CAFA 2014).”

Lougle Thu 13-Dec-18 21:37:50

How full is full? If this was a normal admissions appeal, you'd be advised to get the Published Admission Number, then look at their Net Capacity and compare it with their Number on Roll. If there is a gap, you'd ask them to explain it.

Also, they may be nominally 'full' but does the Prejudice to them and their current students by taking your child outweigh the Prejudice (detriment) to your child by being prevented from attending that school. What arguments can you mount that he needs that school over the school that the LA names. What benefit will it bring him that is so great that it justifies making everyone budge up a bit at the school to squeeze him in?

DeepanKrispanEven Fri 14-Dec-18 08:53:46

A free school is effectively in the same position as an academy, i.e. they can only refuse to be named if having the child in school would be incompatible with the efficient education of other pupils and there are no reasonable steps that can be taken to overcome the incompatibility. If the school is expanding and accepts it can meet needs, on the face of it they have no good reason for refusing to be named. Refer the tribunal to sections 33 and 39 of the Children and Families Act 2014.

stridesy Fri 21-Dec-18 22:59:57

Thanks for the advice. I now now longer need to go to tribunal as la have conceeded as there is no other provision suitable.

DeepanKrispanEven Thu 27-Dec-18 08:15:57

Did you appeal against sections B and F? It's going to be very important that properly specified and detailed support is set out in section F.

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