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Original poster

Secondary school appeal help needed for medical grounds

32 replies

DaisyB22 · 08/06/2024 17:27

Thank you reading this long post and will be grateful for any advice regarding secondary appeals so I can make the right decision.

My son didn’t get a place in any of the secondary school we applied for but in particular our first choice. It is a Church of England schools that is taking its 3rd cohort from September 2024. We applied for a faith based place (other world religion), SEND was not an admissions criteria and nor do we meet any other criteria.

We chose this school as it is the only school we feel that can meet our son’s needs. He has a rare blood disorder cyclic neutropenia where his white blood cells drop causing him to fall ill on a regular basis and he needs to be at home or hospital to recovery, under the pathway for ASD/ADHD. Social communication delays. I spoke to the school on 3 occasions and they confirmed that they can meet his needs through the universal provision offered as they offer before and after school classes which can be used for catch up lessons as he will have low attendance (consultant letter states with his condition he will fall ill every 3 to 4 weeks needing 3-5 days away if he has a persistent high temperature), pastoral support and classes to develop fine motor skills.

Now I have appealed under exceptional medical circumstances and in my appeal letter I’ve stated all of this and my GP has written a letter saying this is the only school that can meet his needs. However they’ve had 1036 applications PAN is 240 and 100’s of appeals. School have stated they cannot admit another single child and have sent an extensive pack highlighting their case and I feel like I don’t have a chance.

I have sought legal advice where I’ve been told I have a good case but not articulated this correctly in my appeal but I can’t afford further representation. Now I have appealed other schools in our area who have refused him a place unless I can secure an EHCP and I know this is legally incorrect but the panel decided admitting him will cause prejudice to the school.

He doesn’t have a school place for September as I cannot send him the school the LA has given as they cannot meet his needs.

How do I do this appeal on my own with a good chance of winning. I would be grateful for any help, any case law.

Thank you

OP posts:
Bluecrumble · 09/06/2024 08:20

There are wonderful appeals experts on here and I will leave that side if things to them but wondered if there were additional things you could add to supports some of the medical needs..? I know someone with a condition that sounds a lot like neutropenia. One of the things that she relies on is air filters as she gets ill less often. She doesn’t use public transport and if she is in busy environments she uses a mask. If this is a new build is there ac / air filters and if so does this benefit your child? Also, if the school is only in its third cohort are there less children overall and is this a benefit re infection for your child? Although if he would be going to school on public transport this may not be a good argument.

Original poster
DaisyB22 · 09/06/2024 07:11

thismummydrinksgin · 08/06/2024 22:52

Ok, representation at appeal is best done by YOU, the emotion and truth of the matter will come through.

1.Did you make the local authority aware that this was the only school that could meet his needs when you applied?

  1. Are you sure other schools can not meet this need? The need to catch up before and after school clubs is not necessarily essential in all hoensty - so I would word that carefully.
3.the case you put forward does not need to be perfect, you need to go and tell your story to the Panel and answer questions. But also be realistic, is this really the reason you want the school or is it just the school you want?
  1. All school cases will read that they couldn't possibly let one more child in, if the panel felt the school hadn't made its case - they would have to let all appealants in.

Thank you for your reply.

Yes I provided all the information to the LA and the school and prior to this spoke to the school on 3 occasions to ensure they can meet his needs without an ehcp through existing send provision.

It’s not catch up club but time with teachers to make sure he’s had the same teaching as the rest and anything he’s missed they will cover and opportunities to learn ahead as it is expected he will have significant time off due to his health condition.

My son has had negative experience in a previous school setting and therefore we are cautious and we need to make sure the school that he attends can understand him and his needs. His current primary school have taken the time to do this and communicate with him as he understands he’s making excellent progress. The send support has enabled him close gaps in his learning and boosted his confidence. We need a secondary school that can carry on this support for him and we found our first preference was the only one that communicated with us and my son to understand his needs. Yes other schools should be doing this universally but what I’ve found in this past year is barriers. I’ve been told by a few schools I need to secure an ehcp first otherwise they can’t meet his needs. Another school will not communicate with us unless he was allocated a place there as it a waste talking to me prior to this.
In all honestly the school I want for him is the only outstanding secondary school in our area isn’t ideal for him as he wouldn’t be able to cope in that environment. Hence why we chose the one that could meet his needs. But it’s turned out to be very popular.

LA have refused needs assessment for ehcp as he isn't significant behind but ignored the amount of support school and home are providing to close the gaps.

I think is struggle with explaining and answering questions. In the last hearing for another school the panel asked which condition of my sons is more important- his asd/adhd or neutropenia (low white blood cells making it hard for him to fight a simple infection). I just didn’t know what to answer so I chose the latter as it can potentially be life threatening. I didn’t understand the relevance of the question tbh. He was refused a place as school stated with ehcp they couldn’t admit him and I understand this as they would be over PAN.

OP posts:
Original poster
DaisyB22 · 09/06/2024 06:42

Thank you for your reply.

There is nothing legally wrong with the other schools. The school allocated by the council is not suitable as recent Ofsted states the send provision isn’t adequate and needs to be improved significantly- teachers are not implementing send provision for the children. Teachers are failing to identify gaps in learning and thus pupils are falling further behind. My son needs send support and this needs to be consistently implemented. He will be having significant time off school and thus it is expected there will be gaps in knowledge and he will fall behind and thus he needs teachers to identify this and support him in this area when he is in school and provide opportunities for over learning.

The GP letter says “From speaking with the family and health professionals reports and recommendations, it appears that B C* Academy is the most
appropriate and suitable educational environment for A. Then goes to explain why.

I do apologise the legal representative wasn’t referring to the GP letter but my appeal statement correctly- it wasn’t articulated correctly as it was too vague.

I have sent you a PM. Thank you. ☺️

OP posts:
thismummydrinksgin · 08/06/2024 22:53

prh47bridge · 08/06/2024 22:43

The first thing to say is that an admissions appeal is not a court of law. There is no case law and previous cases do not set precedents.

The legal advice you've had may not be good. Most lawyers have little to no knowledge of school admission appeals. I have seen some give appallingly bad advice, to the point where they have turned winnable cases into guaranteed losses.

I am unclear what you think is legally incorrect with the other schools in your area. They cannot go over PAN for you. If a place becomes available, it must be allocated in accordance with their admission criteria. Unless your son is at or near the head of the queue for these schools, the only way he is likely to get a place is to get an EHCP naming the school.

Turning to the school for which you are appealing, as long as the letter from your GP is clear that they are giving their own professional opinion and not merely echoing your views, you have a very strong case. I have no idea why the lawyer you consulted thought it wasn't articulated correctly. If it is as clear as your post here, you should be fine.

If you want a proper opinion from someone who really knows appeals, feel free to PM me your case and I will be happy to review it for you.

It is a formal hearing though, and the decision is binding on all parties.

thismummydrinksgin · 08/06/2024 22:52

Ok, representation at appeal is best done by YOU, the emotion and truth of the matter will come through.

1.Did you make the local authority aware that this was the only school that could meet his needs when you applied?

  1. Are you sure other schools can not meet this need? The need to catch up before and after school clubs is not necessarily essential in all hoensty - so I would word that carefully.
3.the case you put forward does not need to be perfect, you need to go and tell your story to the Panel and answer questions. But also be realistic, is this really the reason you want the school or is it just the school you want?
  1. All school cases will read that they couldn't possibly let one more child in, if the panel felt the school hadn't made its case - they would have to let all appealants in.
Rebusmyfire · 08/06/2024 22:47

Contact IPSEA (check.out their website for details). Very useful for assistance and explaining SEND law

prh47bridge · 08/06/2024 22:43

The first thing to say is that an admissions appeal is not a court of law. There is no case law and previous cases do not set precedents.

The legal advice you've had may not be good. Most lawyers have little to no knowledge of school admission appeals. I have seen some give appallingly bad advice, to the point where they have turned winnable cases into guaranteed losses.

I am unclear what you think is legally incorrect with the other schools in your area. They cannot go over PAN for you. If a place becomes available, it must be allocated in accordance with their admission criteria. Unless your son is at or near the head of the queue for these schools, the only way he is likely to get a place is to get an EHCP naming the school.

Turning to the school for which you are appealing, as long as the letter from your GP is clear that they are giving their own professional opinion and not merely echoing your views, you have a very strong case. I have no idea why the lawyer you consulted thought it wasn't articulated correctly. If it is as clear as your post here, you should be fine.

If you want a proper opinion from someone who really knows appeals, feel free to PM me your case and I will be happy to review it for you.

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