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Mistake by Local Authority in allocation for SEN High School... help needed.

57 replies

ThisMustBeMyDream · 23/02/2024 16:06

My child has an EHCP. The annual review was completed in September with local sen high school A as parental preference named.
End of January I recieved the EHCP draft copy which named sen high school B. I immediately contacted the local authority to enquire as to the reasons for offering school B. It has taken until this week to get the answer.
The answer was that the parental preference school had been listed as school B. They knew this was an error, as they could see from the EHCP review that school A was named as parental preference.
As a result my child has not had a fair consideration for this school and is disadvantaged as a result. School B is wholly unsuitable (I visited, it was awful, current school senco agrees unsuitable, as does the LA person who attended the review and apoke to me a couple of weeks ago after the news of the placement arrived). The local authority manager who spoke to me to explain the above has told me she is attending a meeting at school A next week where she will explain the situation and ask them to go over numbers to admit him.

Is this good enough? What should I be expecting them to do to fix their mistake? I'm not sure if there is anything I can do beyond taking it to appeal - which in itself is highly unfair as it was someone else's error who has caused this. I'm so bloody angry right now, it's hard to think straight. I'd appreciate if anyone has any advice, I know it's probably quite niche from the usual high school appeal questions.

OP posts:
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claireheath · 18/06/2024 20:21

Yes you’re right!

prh47bridge · 18/06/2024 20:20

claireheath · 18/06/2024 19:45

Sorry to jump on an old post, but I am in the exact same position with the exact same LA! Our final EHCP named her old mainstream school rather than the one i had submitted in the draft copy (they claimed I never sent it) so now I am at the appeal process and there is a panel hearing in 6 weeks to consider whether my daughter actually needs specialist education (she is academically amazing but struggles with sever anxiety and needs SEMH support). She too has a place at a specialist school from september (Expanse) BUT i have to get past the panel first. Does anyone know the process and whether it is likely to be approved!? I cant sleep with all the worry xx thank you for any support you could offer!

Keep it simple. You requested a particular school. The LA has messed up and mislaid your request and has named a different school. You want the school you requested. It is for the LA to justify why your daughter cannot go there, not for you to justify why she needs to go there.

claireheath · 18/06/2024 20:16

ohhhh i really hope so - will keep you posted :-)

SearchingForSolitude · 18/06/2024 20:15

@claireheath I’m sorry, I misread your post. I read it as the LA we’re going to take DD’s case back to panel whilst you are waiting for the tribunal hearing. But you meant the tribunal is in 6 weeks. To reassure you, more placement appeals are upheld than not. If DD is unable to attend the mainstream and you have evidence you have a strong case.

claireheath · 18/06/2024 20:09

Thank you for replying. It is what I thought then, but I know we have done everything possible so it is now in the hands of the panel. The hearing isnt until the 18th of July so whatever the outcome, it doesnt give me a lot of time to organise alternatives and appeals with it being the summer holidays xx

SearchingForSolitude · 18/06/2024 20:05

@claireheath there’s no way of knowing the likelihood of the ‘panel’ agreeing to name your preferred placement, unfortunately. When is your Tribunal hearing? Do you have evidence to support the need for specialist? Try not to worry if the LA doesn’t agree to specialist. If you are appealing it isn’t them that make the ultimate decision.

claireheath · 18/06/2024 20:04

No sadly she is in year 9 at john fisher but hasnt been this academic year. So from september hopefully she will be in Expanse year 10. Has your son started Oakfield yet? We looked round it and it looks fantastic, but too big a setting for my daughter to manager. As for Newbridge - someone jumped the walls while I was there and they said it was normal and he would hopefully come back later!! So scary that school, they arent even allowed to the toilet with an escort!

It is so hard when you are chasing constantly, fighting every step of the way and not getting anywhere. I am so glad your son is sorted :-) You must be so relieved!! xx

ThisMustBeMyDream · 18/06/2024 19:58

I'm really sorry, I don't have any useful advice as I didn't have to go through that process in the end.
Is your daughter year 6 also? Is your mainstream school supporting you with this?

OP posts:
claireheath · 18/06/2024 19:45

Sorry to jump on an old post, but I am in the exact same position with the exact same LA! Our final EHCP named her old mainstream school rather than the one i had submitted in the draft copy (they claimed I never sent it) so now I am at the appeal process and there is a panel hearing in 6 weeks to consider whether my daughter actually needs specialist education (she is academically amazing but struggles with sever anxiety and needs SEMH support). She too has a place at a specialist school from september (Expanse) BUT i have to get past the panel first. Does anyone know the process and whether it is likely to be approved!? I cant sleep with all the worry xx thank you for any support you could offer!

ThisMustBeMyDream · 02/03/2024 08:33

imip · 02/03/2024 06:37

Op, just make sure to get an updated copy of the eHCP naming your school of preference. I wouldn’t rest until I see it in hlack and white!

It arrived 10 minutes after the phone call, via email 😁

OP posts:
imip · 02/03/2024 06:37

Op, just make sure to get an updated copy of the eHCP naming your school of preference. I wouldn’t rest until I see it in hlack and white!

ThisMustBeMyDream · 01/03/2024 21:51

Thank you for all the replies! I am just so relieved tonight!!!

OP posts:
ThisMustBeMyDream · 01/03/2024 21:50

Helplessandheartbroke · 01/03/2024 20:28

Op I'm very thrilled for you! Just curious is new Bridge the one in failsworth?

No, it is in Wigan. Although there may be similarly named in other areas.

OP posts:
Helplessandheartbroke · 01/03/2024 20:28

Op I'm very thrilled for you! Just curious is new Bridge the one in failsworth?

Luckypoppy · 01/03/2024 20:22

Fabulous!

Soontobe60 · 01/03/2024 17:26

ThisMustBeMyDream · 01/03/2024 17:08

I thought I'd come to update!

I've just had a phone call from the LA. The head at the school I wanted has accepted him in the cohort! He has a place! I'm beyond thrilled! I can't actually believe it!

Celebrations tonight!!! I thought I'd have no chance without tribunal!

That’s fabulous news. You must be so relieved!

SearchingForSolitude · 01/03/2024 17:24

Brilliant news.

prh47bridge · 01/03/2024 17:18

Excellent news! Well done.

ThisMustBeMyDream · 01/03/2024 17:08

I thought I'd come to update!

I've just had a phone call from the LA. The head at the school I wanted has accepted him in the cohort! He has a place! I'm beyond thrilled! I can't actually believe it!

Celebrations tonight!!! I thought I'd have no chance without tribunal!

OP posts:
SearchingForSolitude · 26/02/2024 21:10

DyslexicPoster · 26/02/2024 20:46

Sorry I didn't mean to offend you. The last thing I want to do is argue with other parents in my situation. I'm saying the OP or anyone reading this might assume they all get automatically fast tracked. Mine didn't but as I must be the only one it seems. Sorry again

No need to apologise, you haven’t offended me. Many have to request the hearing is expedited, I didn’t post otherwise. I posted it ‘can be’.

DyslexicPoster · 26/02/2024 20:46

SearchingForSolitude · 24/02/2024 13:00

I am completely aware of how the system works, thanks. I have supported thousands of parents to appeal over the years and have had appeals for my own DC. Nowhere did I say to presume anything.

Sorry I didn't mean to offend you. The last thing I want to do is argue with other parents in my situation. I'm saying the OP or anyone reading this might assume they all get automatically fast tracked. Mine didn't but as I must be the only one it seems. Sorry again

SearchingForSolitude · 24/02/2024 13:00

DyslexicPoster · 24/02/2024 12:54

Yes but it's not totally clear if your a sendist newbie. I wrote on mine on the top in bold it was KST but it was still listed as normal. So sll I'm saying us don't presume it will atomically be fast tracked as SENDIST are pretty bogged down.

As of yesterday some people was getting dates in May from what I hear. It seems very random at times. I got my school before appeal buy personally I often bank an appeal as once your two month window has gone, so does the right of appeal. I have yet to meet anyone with as many tribunals as I have done. You just can't count on anything going smoothly or per the law

I am completely aware of how the system works, thanks. I have supported thousands of parents to appeal over the years and have had appeals for my own DC. Nowhere did I say to presume anything.

DyslexicPoster · 24/02/2024 12:54

SearchingForSolitude · 24/02/2024 10:33

I didn’t say parents didn’t have to chase, but phase transfer appeals can be and are expedited.

Yes but it's not totally clear if your a sendist newbie. I wrote on mine on the top in bold it was KST but it was still listed as normal. So sll I'm saying us don't presume it will atomically be fast tracked as SENDIST are pretty bogged down.

As of yesterday some people was getting dates in May from what I hear. It seems very random at times. I got my school before appeal buy personally I often bank an appeal as once your two month window has gone, so does the right of appeal. I have yet to meet anyone with as many tribunals as I have done. You just can't count on anything going smoothly or per the law

SearchingForSolitude · 24/02/2024 10:33

DyslexicPoster · 24/02/2024 10:29

I had a phase transfer appeal for last September. It was still listed for a year's time. I had to chase sendist up to move it forward and that took months and months the of chasing. Sendist is drowning right now

I didn’t say parents didn’t have to chase, but phase transfer appeals can be and are expedited.

DyslexicPoster · 24/02/2024 10:29

SearchingForSolitude · 24/02/2024 09:58

An appeal by the OP won’t take a year to be heard. It is a phase transfer appeal and therefore can be expedited.

If the finalised EHCP doesn’t name school A, the best route is to appeal, although if it is a genuine mistake, it may not actually make it to a hearing before the LA concedes. If OP doesn’t submit an appeal and relies on the LA correcting their mistake (which may not actually be a mistake), what may happen is the LA doesn’t amend, by this point the appeal window has passed, SENDIST may or may not allow leave to appeal out of time and even if they do, there is an even greater time pressure before September.

I had a phase transfer appeal for last September. It was still listed for a year's time. I had to chase sendist up to move it forward and that took months and months the of chasing. Sendist is drowning right now