Secondary School Appeal could cry

Your point 5 is inaccurate. Page 12 of the Admissions Code does not suggest that foster siblings should be treated as full siblings. It says that where there is a sibling priority (and there is no requirement for there to be one), the term 'sibling' must be clearly defined, and that it should be clear if foster siblings are counted as full siblings.

Your point 4 is debatable. I haven't seen the Police letters, but if they do make it clear that there is a continuing threat from pupils in school A, that the OP has been advised to take specific action to avoid that threat, and that the only practical way of achieving that is for the two boys to go to the same school, then I think that a) the allocation of school A is approaching the threshold of Wedensbury unreasonableness (that the decision is so absurd that no rational admitting authority would make the same decision in the same circumstances), and that as school B is the nearest school, and it resolves the transport issue for both DNephew and DS, and it removes the threat from pupils at school A, that it is reasonable to hold that school B is the only suitable school in these circumstances.

Logistical issues are rarely good grounds for appeal, but this situation is one where resolving the logistical issue meets the educational and social needs of the child.

This is all with the huge caveat that I'm assuming the letters from agencies are clear and direct. If they are, in fact, "I understand Mum has concerns about DS travelling to school alone because of a past incident", then that weakens things considerably.

Op, I posted previously about transport arrangements.

in the circumstances given that you have EHCPs in progress for the children you are guardian for and there have been significant incidents with your child I would absolutely raise it.

this is above and beyond normal logistical issues.

good luck

Students with EHCPs don't need to appeal. They must have their EHCP finalised by 15th February, naming their secondary school, which is before the admissions process is completed for applicants in the normal admissions round. Parents are asked to name a preference, and they must be admitted unless the school is not suitable for the child’s age, ability, or special educational needs; attending the school would be incompatible with the "efficient education of others"; or it would lead to an inefficient use of resources.

In practice, that means that most parents will be given the school of their choice if it is a mainstream school.

It might vary in each authority.
We place ‘ looked after children’ as first priority.

It appears that every student with a EHCP wins their appeal where I work.
Once in school, they are untouchable and get away with behaviour that no other student does.
I understand that some are amazing, but we are really struggling with behaviour. One of our TAs seems to be employed just to follow a student walking round the school and she is completely fed up.
One of the other local comprehensives has 75 pupils with EHCPs and the SENDCo has resigned. No one applied for the job.

I have a little experience of this as I won an admissions appeal a few years ago and my suggestions would be:

1. keep checking the waiting list. This does change and there is always some shuffling about at the end of August when other people change their minds / move house. You obviously can’t rely on this as you are so far down it at the moment but do keep an eye on it
2. The response you have had from the school is very standard. They have to refuse on the basis of exceeding PAN (though why they have exceeded it themselves is unclear). In my appeal, the head talked a lot about fire escapes, lifts and the width of corridors. It was all health and safety based. Don’t let this put you off.
3. If the school you have been allocated is school A and the school that you would like is school B, your appeal needs to be based around why your son needs to go to school B and only school B. Don’t criticise school A or say he cant go to school A because of X,Y,Z. It needs to be positive about why he needs to go to school B, and not negative about school A
4. Regarding racism from pupils at allocated school (A), firstly it sounds horrendous and I’m so sorry that you and your son are having to live like this where he doesn’t feel safe to leave the house. My understanding though is that the view of the schools and the local authority may be that it’s not up to school B to accept your son and go over PAN to solve this issue. It’s for school A to deal with the racist bullies and to put measures in place to ensure your son’s safety while he is in their care. I’m not saying this is morally right and that they won’t be sympathetic but I’m just warning you that they may understand why there will be difficulties with school A but it’s not necessarily a reason that he MUST go to school B. Hope that makes sense. Bring it up as it’s part of the wider picture and it’s good that you have some supporting documentation from the police but like others have said, you need a way to show that your son must go to school B and that it must be you who escorts him.
5. Many school admissions policies prioritize siblings. My understanding is that children who are fostered or under guardianship with you long term should count as siblings to biological children for the purposes of school admissions. Certainly this guidance suggests they should be: page 12 https://assets.publishing.service.gov.uk/media/60ebfeb08fa8f50c76838685/School_admissions_code_2021.pdf#page29I would ask in appeal if they feel that their admissions policy has been applied correctly, fairly and in an appropriate manner considering your circumstances. Don’t tell them they have it wrong but do query it.
6. For the LA to say that they won’t help with transport for you foster children with additional needs without an EHCP is mind boggling. However I would suggest as another poster has said, make it very clear to the social worker that if this isn’t resolved via appeal, that your priority has to be your biological son and that the placement for your nephews will break down as you will no longer be able to meet their needs. (It doesn’t matter whether you mean this or not, but they need to hear it)
7. Get supporting documents from as many professionals who know your son as you can. They may not be able to say that x child must go to school B but can say ‘ it’s in child x’s interest to go to a school which is… (describe school B without naming it) for xxx reason.’

LAs misrepresent the truth and have unlawful policies all the time. Don’t take their word as gospel.

EHCP students can choose where they want to go.

Not quite. Parents can state their parental preference and there are limited reasons LA’s can refuse to name the school, but it isn’t as simple as saying EHCP students can choose where they want to go.

Don't think that is quite right- a child is LAC or PLAC if they have been subkect to a care order. If the children have gone straight to an SGO from their parents care they won't have had LAC status.

Looked after children, if you are legal guardian, takes top priority. So either you are not the legal guardian or foster parent, or you are applying for a school well out of catchment area.
For the record, EHCP students can choose where they want to go. So due to the increasing number of parents pushing for EHCPs, you can see what is beginning to happen….

That again is an unlawful policy. The law does not require a child to have an EHCP before an escort is provided.

I'm a foster carer, and in this situation would tell DFCs social workers that unless they were given transport to school, I sadly couldn't continue the placement. I know the rules are somewhat different for guardians, and funding can be lower, but it would be worth a try to tackle it that way round.It would be incredibly shortsighted for social services to let the placement break down with a loving family member due to something as minimal for them to fund/arrange as school transport.

https://childlawadvice.org.uk/information-pages/transport/#elementor-toc__heading-anchor-13

Try reading this. Your LA is not allowed to have policies that fall short of their legal obligations.

I'm not an expert on this but I think you need to put all your reasons down.

One thing I do know is that there are trusts who will make grants to individuals. It's not easy to find them but they are there. A grant for travel, I would imagine, would make a huge difference.

Can your social worker refer you to auriga? You cannot self refer. I was referred to them by Severn Trent water.

www.aurigaservices.co.uk

This book is too expensive to buy but you should be able to find a copy in your local library.

https://www.dsc.org.uk/publication/the-directory-of-grant-making-trusts-2026-27/#

It's boring and time consuming but s a student, I was successful with quite a few. Also because they are one of charitable funds they do not effect benefits.

Other funds here https://www.turn2us.org.uk

I know you are probably thinking, "I have enough going on right now" but it can be worth it. Auriga go through your needs in a phone call, maybe leave the others for now.

And good luck.

That is an unlawful policy. DC who are attending their nearest suitable school who cannot reasonably be expected to walk to school because of their SEN do not need an EHCP to be entitled to transport. When your complaint wasn’t successful, did you take it further?

Is the LA sticking to the EHCP timescales?

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

Get in touch with your local SENDIASS to support your application, as your DS can be considered a child carer for your DN.
Your DN needs to have an assessment for an EHCP (doesn't need a diagnosis for that) and ask your SW to write in support of your appeal and the assessment request.

If DN1 attends your nearest suitable school and cannot walk to school because of his SEN, did you challenge the LA’s refusal to provide transport? An EHCP is not required. Same when DN2 starts.

Where are you in the EHCP process?

But a panel might take the view that his dad could help or you arrange someone else to take him. Is there a reason dn is going to that specific primary and not the one your ds currently attends? Might he qualify for transport?

I guess the question you need to address is why the “escort” has to be you. How much further is the allocated school? Do you allow your ds out independently at other times? Are you not already managing three drop offs?