To be angry there is no school place for my son?

[supersonicginandtonic]

I have been told that there is no place for my son in school. He has SEND and 2 parents are key workers. In year 7 at secondary school. They've told me there is no place for him as they've had to prioritise children of critical workers.

I'd be angry too, but if the school is at capacity then I'm unsure what the right next step would be. Does he have an EHCP? Can you ask if they have a waitlist for spaces if any of the current Y7 drop out?

@BernadetteRostankowskiWolowitz I don't know how it's at capacity to be honest as they are supposed to be prioritising as follows,
1-vulnerable and SEND children
2-children in year 7 of key workers
3-children in year 8 of keyworkers
4-children in year 9 of key workers
This is their policy.
My son falls into the first 2 categories. They said they are placing him on a waiting list but I've been told this could take quite a long time. If they announce they are closing nurseries I think I'll have a breakdown.

Does your son have an echp? When did you request a place?

I requested a place when we heard the schools were closing but he couldn't go last week as he was isolating with his dad as they've had Covid.
We're in the process of his EHCP, which has been delayed due to Covid 🙄 never needed one before.

I suspect they've used the list of EHCP students to allocate first.

It's a school with over 2000 pupils there won't be that many in school. Especially as my son falls into the first 2 categories. They have older children in.
We can't do our jobs from home either so I have got to take this week unpaid.

In all honesty though, you've no idea how many children are classed as vulnerable. It is very likely a larger amount than you imagine. Plus then the EHCP list. They may only be able to accommodate 10 kids per year or a similar amount. So it doesn't take many kids to fill that.

Are you and your dh sharing the parental leave?

What's your job, OP? They may make an allowance depending. Businesses are being encouraged to offer furlough for this reason - is this something your employer could look in to?

@supersonicginandtonic The school will possibly also go on what your job roles are too in terms of allocating places. Somebody who works in the NHS will be given priority over somebody in a supermarket, for example.

Sen for school places predominantly mean EHCP. Not entirely fair as many kids without EHCPs should have them.

Some schools appear to be prioritising certain key workers over others but they have been told by the government they are not to be capping numbers

If he's entitled to a place and your own school can't provide that, are the local authority obliged to provide a place at a different school? I realise that's far from ideal

Your DS would be accommodated at my school. I would put in writing that your son matches the criteria, including proof of both your keyworker roles, any evidence/diagnosis you have of SEN.
Explain that you have been told to take unpaid leave and include the governors/local authority in the letter/email.

That's crazy our school seem to have accepted everyone. I'm a keyworker but don't need a space and they told me if I ever do in the future just call the day before so they can add my kids on the list and its fine.

If he's in the process of being assessed then yes, he's within the vulnerable category.

www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision#vulnerable-children-and-young-people

I work in the NHS, not on a Covid ward but in safeguarding within the substance misuse team. My service users are very complex and high risk.
My partner is a probation officer with very high risk offenders.

Covid is not a valid reason in law for delaying the EHCP. Have they actually said they are going to issue one? If so, if you are more than 20 weeks after you sent in the original request, you should write to the council giving them a deadline for finalising the EHCP and warn them that you will apply for judicial review if they don't meet it.

sossen.org.uk/admin/resources/JR-2020.pdf

They may also be prioritising year 11 and year 13 children over other year groups (our is).

I'd suggest you ask the school precisely why there is no room given that you meet the criteria fairly and squarely on more than one count. If there is any suggestion that it is due to your child's SEN, point out that disability discrimination is unlawful.

Thank you for all your replies. I've contacted the local authority and head of safeguarding, they are going to get back to me.
Hopefully we will get somewhere now.

Yes I would be annoyed too but if they’re full they’re full I’m not sure what else can be done.
I am a single parent teacher and cant get my DC in either but I understand why as I can WFH most days at the moment.

In my school they are at full capacity now so can’t take anymore in however lots of parents are planning to use their holiday leave in the next couple of weeks so those who are next on the list will have priority.

Also we have a very high number of vulnerable children and it has become higher since the last lockdown which ‘trumps’ those of parents who are key workers.

If he's entitled to a place and your own school can't provide that, are the local authority obliged to provide a place at a different school? I realise that's far from ideal

I know of many place that are doing this but I don’t know if they are obliged or just helping out type thing.

@toocold54 my friends daughter is in and she says there are hardly any children in.

my friends daughter is in and she says there are hardly any children in.

Do you know how many staff are in though? If the teachers are doing online learning then it will be mostly down to the TAs to care for the children that are in.

If there was room your DC would definitely qualify so I can’t see any other reason why.

In my school we only had one place left and I was trying to persuade one of my tutor in as he’s very vulnerable but because he didn’t take it it’s now gone and if he wants a place in future he’ll have to apply and then join a priority list.

It’s also a bit of a viscous cycle as my DC can’t go into their school so I then can’t go into my school and look after other children. I wonder if something like that has happened.

@toocold54 id expect there to be enough staff in for the majority of year 7 children in a school that large. It's not as if my son can be left at home.
I've got very vulnerable families, I can't currently see, where there's substance misuse, domestic violence and mental health involved and all on child protection plans.