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Original poster

Ehcp child refused first choice

65 replies

Aya1979 · 07/03/2023 11:41

Hi,

My son has been refused his first choice school and offered his second and only other choice. The problem is I know this school cannot meet his needs because I have had 2 older children go there and we had a very difficult time there. My children not supported in that schl snd we are still traumatised by the lack of support especially in my older son's mental health.

My son's first choice school is where all his friends are going including anither sen child that my son is very attached to. They've both been quite distraught about not going to the same school.

I do want to appeal the decision but I'm not sure if it will be worth getting his hopes up.

Please help!

OP posts:
Lougle · 07/03/2023 12:06

MelchiorsMistress · 07/03/2023 12:03

Why are they saying the other school can’t meet his needs? They must have a reason if they’ve been questioned and that’s the answer.

You can appeal if you have valid reason to believe that the first choice school can meet your child’s needs and the other can’t, but you’ll need to find evidence. I wouldn’t worry about getting his hopes up, just don’t tell him if you appeal.

This is not true. In the case of an EHCP holder, it is for the Local Authority to prove that his needs can't be met at the preferred school, not for the EHCP holder to prove that they can only be met at the preferred school.

Lougle · 07/03/2023 12:05

They have to set out their reasons so you can appeal. Being oversubscribed is not a reason because your DS should have been allocated a place at the top of the list because he has an EHCP.

SheilaFentiman · 07/03/2023 12:03

Which council/borough are you in? It may be that the waiting list is administered centrally and not by the school?

MelchiorsMistress · 07/03/2023 12:03

Why are they saying the other school can’t meet his needs? They must have a reason if they’ve been questioned and that’s the answer.

You can appeal if you have valid reason to believe that the first choice school can meet your child’s needs and the other can’t, but you’ll need to find evidence. I wouldn’t worry about getting his hopes up, just don’t tell him if you appeal.

Cornelious2011 · 07/03/2023 12:02

You will have to wait until the LA issues the final plan (ask them to do this asap if it hasn't been done). Then you can lodge an appeal through the SEN team.

Cornelious2011 · 07/03/2023 12:00

Did the SEN team apply for the school or did you apply through normal admissions? Schools can refuse a place even with a child with an EHCP, but they would need to have very good reasons, especially if his EHCP names a mainstream provision. Ask the SEN team for the reasons they gave.

Lougle · 07/03/2023 12:00

You need to find out why school 1 turned down the place. The Johnny acceptable reasons are:

  1. The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
  2. The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
  3. The attendance of the child or young person would be incompatible with the efficient use of resources.

Any other reasons are completely against the SEN Code of Conduct.

You can appeal and would win if those criteria aren't met.

Original poster
Aya1979 · 07/03/2023 11:59

The sen keyworker is refusing to even add him to the school's waiting list whilst I appeal. Who do I call to complain?

Everywhere I call I'm being told "his chosen school can't meet his needs, you just have to accept it." And "that school is extremely oversubscribed".

OP posts:
Soontobe60 · 07/03/2023 11:54

You need to speak to the Senco asap, and the Sen team as well as school admissions. Ask for a face to face meeting with them all. Someone has screwed up big time!

Original poster
Aya1979 · 07/03/2023 11:53

He had one in place before we applied.

OP posts:
Original poster
Aya1979 · 07/03/2023 11:52

Can I appeal on the basis of lack of clear instructions? I'm so confused right now. I sent the school form in last April and never got any letters about what to do.

OP posts:
Sirzy · 07/03/2023 11:52

Does he actually have an ehcp in place or have you just applied for one?

Original poster
Aya1979 · 07/03/2023 11:50

I am new to the ehcp process. They never sent me any letters or anything to suggest the process was different to the usual way of applying. I literally had to phone up last week because I was waiting to find out the same way as everyone else.

I applied back in May last year by filling in a form and emailing it to the sen team. Now I'being to should have recieved a letter in February.
Now I'm being told both schools were consulted and his first choice was refused. So why didn't I get a letter?
Even last year I called a few times because I was surprised about the lack of correspondence.

OP posts:
Lougle · 07/03/2023 11:44

You should have been asked to name a school and have that confirmed in February. Why were you using the normal school application process?

PanelChair · 07/03/2023 11:43

I don’t understand. What does his EHCP say is a suitable placement?

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