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Appeal help for son with aspergers

33 replies

Helpmyhair2019 · 01/03/2019 12:06

Hi applied for two small secondary schools
Close by and our third choice was one that was a bit larger further away as there may have been a possibility at the time of application of getting my son there. Things have changed and now we don’t but that’s the only school he’s been offered. There is absolutely no way I can get him there.

Also he has an aspergers diagnosis and a letter from our consultant saying he needs to go to a small secondary school. I am going to appeal but what are my chances? If he doesn’t go to this school we are facing school refusal again and I’m utterly heart broken that he has a constant battle in schools trying to get to the one with the best support for him.

Part of his anxiety is new things. No one has ever not got into our first choice from our village before! So he had his heart set on it and now is in meltdown mode so I’m unlikely to be able to physically get him in anywhere else.

Will I have any chance in an appeal?

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maxybrown · 05/03/2019 08:36

Bridge, when we do the re application, it wouldn't hurt to put on the school we've already been refused though will it?

fleshmarketclose · 05/03/2019 07:03

You could also ask for a EHC needs assessment yourself by writing to the Local Authority using this template Be prepared to appeal if you have to but if your son has already been struggling in primary and has had a spell of school refusal then secondary school could very well prove to be a nightmare.

youarenotkiddingme · 05/03/2019 06:46

Sorry to hear you've had problems.

The advice I'd give from personal experience is beware of appealing to a school who are saying things like "we don't take medical cases".

Especially an academy.

Some schools/academies (wrongly obviously!) put their budgets and image above other things and they won't be as supportive as they should and this will cause as many of not more issues than attending a larger/further away school.

Have a look at other options too. Like if the school they've offered is over 3 miles away they have to provide transport.
Meet the senco's in all local schools with his Sen plan and ask them how they meet need. La have a duty to provide a school that can meet need.

Helpmyhair2019 · 05/03/2019 06:32

Ah I see. Thank you! That’s fine if that’s the rules I just couldn’t work it out from the conflicting information I got from county hall!

So our plan is to just wait and see what happens over the next few weeks and then prepare our appeal if we don’t get anywhere! We moved house to be closer to this school when my son was school refusing from his old primary school. That is genuinely a reason why we moved as close as we could as we knew this school was the only one that would cater for his needs. Can I use that in the appeal or does the old ‘we moved house to be closer’ look arrogant? Or school refusal timeline/consultant letter and house move all match up

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prh47bridge · 04/03/2019 23:15

Yes, they might. Those are the rules. The waiting list must be ordered using the admission criteria only. They cannot put someone last on the list just because they applied late. So if someone who applies who lives closer to the school than you or is in a higher admissions category they will go ahead of you on the waiting list.

Helpmyhair2019 · 04/03/2019 22:19

I know! That’s what I don’t understand! One person said if I make a second round application to another school I would automatically lose the wanted place waiting list space and the other said I wouldn’t.

What I can work out is will people making a second round application jump ahead of me (my son!) on the waiting list of they meet the criteria more even though they’ve applied late? It doesn’t seem right?!

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maxybrown · 04/03/2019 21:49

Helpmyhair I rang our LA today to ask about the reapplying and she said I don't have to put the required but refused school down. But there was a very long pause before she answered and it's made me wobble. We were told we have to put down our offered school though if we don't want to lose the place. It's as clear as mud to me.

So, do we reapply stating

1.wanted already refused school
2.new school
3.offered school

Or

1.new school
2.offered school

It makes me twitchy not seeing the one we really want on there though! We will be appealing and in the process of gathering info.

There are 67 on the waiting list for our wanted school. No idea where we are but we will be far down for sure.

admission · 04/03/2019 21:42

"I’ve since found out if I make a second round of applications to a new set of schools then that would superceed my original application (the one where we are ‘top’ of the waiting list for our first choice) so it’s not a good idea to do!"

I think that this is wrong advice. You can ask to go on the waiting list for any school, which is what you have done for the school that you had as first preference. If you find another school that suits you then you can ask for a place at that school. If there are places you get one, if the school is full, which is most likely then you can then ask to go on the waiting list for that school as well as your first preference school. What you cannot have is two offers. I am not sure whether you have accepted the offer made, even though you do not want it, or not. If you have then if an offer of another school is made then you have to relinquish the one you have accepted.

prh47bridge · 04/03/2019 21:33

I don’t see how making a second round application could affect your waiting list position, because the waiting list is held in accordance to the criteria, and your situation (distance etc) presumably hasn’t changed

I suspect that what they mean is that if the OP makes a second round application that doesn't name this school her child will be removed from the waiting list for this school.

Helpmyhair2019 · 04/03/2019 20:47

THanks Edcated! I’m getting very confused myself as the lea have given me two conflicting pieces of advice today already!

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EduCated · 04/03/2019 19:22

I’ve had a long day, so I may be having a logic failure somewhere!

EduCated · 04/03/2019 19:12

I don’t see how making a second round application could affect your waiting list position, because the waiting list is held in accordance to the criteria, and your situation (distance etc) presumably hasn’t changed?

Unless they mean you will then be treated as a late applicant and therefore be admitted after everyone else, but then should you not be given the place now if that is the case? And you would still end up in the same position on the waiting list?

Sorry, I genuinely don’t know the answer to those! Musing rather than trying to suggest something!

Helpmyhair2019 · 04/03/2019 19:01

It was the admissions lady at the school. She did say that we were top of the list at the moment but explained that someone else could come in on a second application before 22nd March and move us down the list so they did make that clear. I’ve since found out if I make a second round of applications to a new set of schools then that would superceed my original application (the one where we are ‘top’ of the waiting list for our first choice) so it’s not a good idea to do!

She did say more places come up as some independent school places are released this week

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admission · 04/03/2019 18:35

Who has told you that there is a space and you are top of the waiting list and more importantly is it in writing ?
There is always a 2 to 3 week period where the LA sorts out what acceptances and what rejections there have been before they reset the admission criteria waiting list. Normally the schools and LA would not give you the advice that you seem to have got as they know that there is always the potential for somebody else to request a place and have greater priority than the current number 1. What normally happens is that the new admission criteria order is created on 22nd March and then they allocate to places based on this list
If you have something verbal then I would go back to whoever it was by email and "say it is my understanding from our conversation that a place has become available and that as top of the waiting list the place has been offered to me. When can you confirm this is writing."
If it is already in writing that is even better.
The reason I say do this is that it creates an expectation that you have been made an offer, even if it was not in writing. Most appeal panels if they got an email saying what you have said was indicated would say that the expectation had been made and therefore should be given a place. I suppose what I am doing is trying to counter a position where on the 22nd March you are not top of the waiting list and therefore miss out on this available place.

Helpmyhair2019 · 04/03/2019 12:07

Hello again
Just wanted to say thank you so much for your help so far and see if anyone has any answers to my next questions!

I’ve just found out he’s number one on the 75 long waiting list which is obviously amazing. A child apparently dropped out this morning meaning today he has a place. However this cannot be confirmed until March 22nd. March 9th is the cut off date for second round applications. Am I right in thinking any one who lives closer or meets the criteria that applies for a second round date will bump my son further down the list?

Also, I am going to apply for another school in the second application round (9th March deadline). If we get offered a place here does that take us off the waiting list at our number one current waiting list (I think it doesn’t?). If I accepted the second application school (if they even have a place), can I still stay on the waiting list at the first?

Blimey this is all a huge wake up call! I thought primary was tricky!

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AornisHades · 02/03/2019 18:52

@AAA20 I've replied now

AAA20 · 02/03/2019 11:59

@AornisHades, can you please check your mail . Have just PM you . Thank you .

maxybrown · 02/03/2019 07:03

Hi helpmyhair! We chatted briefly via inbox as my son also has been refused and has autism.

Hope you don't mind me following your thread!

Definitely collect together as much evidence as possible. We are going to make an appointment with his GP and see what she says. Our difficulty is we moved 300 miles away 2.5 years ago. Our current area is absolutely atrocious for any help whereas where we were before he had a paediatrician. Obviously we have tons of paperwork from said paediatrician but not sure how valid because of time difference?

Not that he has recovered from his autism of course! The only up to date report we have is a report from our communication and interaction team that came to see him in school, albeit it is an excellent report that clearly lists his issues connected to his autism and several other things that I feel would be beneficial at an appeal.

We are also in the same boat no ehcp. Always been told he isn't bad enough.

We have one failed school place already where he was out of school for the whole of year 3, left old primary at the end of year 2. We then moved and he went back into school in the January of year 4.

After initial upset he has settled beyond our wildest dreams but still always teetering on the edge. He is a bright boy but needs constant encouragement and pastoral care to succeed. By his own admittance he has said if he can get away with doing nothing then he will. He told us at the open evening of the offered school (that we went to with a totally open mind by the way, dh is a teacher and I was a ta before I had my son) that he felt it was a school where he could easily get away with doing nothing Shock Shock

School we want is run by a female head (who is ex army!) and it has super clear boundaries and expectations - realise I've probably made that sound extreme but I knew as soon as we went there it would make him feel safe.

prh47bridge · 01/03/2019 23:27

I would keep away from the "he is bright and the school is quite achieving" point. It can easily come across as "my child is clever so needs a good school" which can't win your case and could put the panel's backs up.

Whilst you shouldn't criticise the offered school, it is absolutely fine to point out ways in which it is unsuitable due to his condition. So, "it is an awful school and no-one in their right minds wants to send their child there" is not a good argument but, "the corridors are very narrow and are likely to set off his claustrophobia" is fine (provided, of course, that is truthful).

AornisHades · 01/03/2019 17:47

Also, although I stayed away from criticism of the offered school, I did compare them and in the appeal I did ask if I could tell them a couple of things that made the offered school completely unsuitable.

AornisHades · 01/03/2019 17:44

All of those things are good. Can you get Google views of the school or lift photos from the school website to illustrate its open aspect? Is his claustrophobia mentioned by the consultant?
Are there any inclusion clubs he might specifically benefit from that the offered school don't have?
The panel won't necessarily know either school so you will need to explain and evidence things. Same goes for his diagnosis. Make it clear how it affects him and how the school will help that.

Helpmyhair2019 · 01/03/2019 15:08

Sorry not ofsted report -
Consultant report!!!

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Helpmyhair2019 · 01/03/2019 15:07

That sounds positive. Evidence all round is what I can provide without a problem and I know his current school will write a letter echoing everything I’ve said so far. Is there anything else I can look for evidence wise? So far I’ve got the medical diagnosis, letter from consultant re small schools, evidence there are no other schools of this size near by. He is claustrophobic (this school is on a field with open surroundings), he is bright and this school is quite achieving (though this really isn’t our reason for wanting him there and don’t want to sound pushy), he will thrive with some of the opportunities they offer, we live in the village near and the bus leaves from our door and he is confident with the route and has become familiar with the school as every child pretty much in our village already goes there (apart from this bulge year!), i Have evidence of school nurse involvement due to school refusal (would I get in touch with the hospital to get copies of this) and he repeatedly refused school until we moved him to a smaller one in year 4) which is mentioned in the ofsted report. He has been happy for two years (with the odd niggle!) but as soon as he found out he hadn’t been offered a place this morning all the old melt downs and school anxiety resurfaced in a matter of moments. I’m just wondering if there’s anything else I can add

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AornisHades · 01/03/2019 14:58

You can submit a far wider set of evidence at appeal than in the admissions round. We had a letter from the primary school considered at appeal for example.

PanelChair · 01/03/2019 14:50

Simply to echo what prh47bridge has said - even if there is no social/medical category in the admissions criteria, you can still argue an appeal on those grounds.