To be this upset about a school place

[cdoth]

Been in tears since I found out my DS didn't get offered a place at the school I applied for.

For background - he has significant speech delay and is on the pathway for an autism diagnosis. He is currently at the nursery of the school we put as our first choice, he is really settled there and they have been fantastic with regards to his SEN. They are helping us to gather as much evidence as possible for his EHCP. The school is also the closest one to us.

I am distraught with worry for what the future holds for him now having to go to a completely new school. I can't stop crying because this seems so unfair for him. He is not good with new places/people, when he started his current nursery last year it took weeks for him to settle in because he was so upset. And for him to have to go through that again genuinely breaks my heart.

I know we can appeal but I don't feel hopeful. Has anybody else been in the same situation? I just don't know where to go from here now.

I’ve seen non contentious plans issued early - one of my own kids’ was issued at week 17. Sen officer wasn’t bothered, nothing controversial in there anyway.

No chance. Trust me. I work in this field.

Agree totally.

It’s not about it being contentious. It’s about a shortage of EP’s.

Me too, funnily enough.

Also many schools have a graduated plan for new receptions kids/one might be advisable for OP's DS in any case, so even if it was the second or third week of term before the plan was finalised that could be ok too.

With an oversubscribed school that isn’t possible.

If you’re a senco then you do not work close enough.

Not all areas are short on EPs and soem parents have already had an EP report which they can use. Plus if you have a complex case the EP report may well only be a part of the needs and required provision and they can issue a plan (and trigger right to appeal) with other evidence, including for example, an SpLd report and a note that they need to see the EP as soon as one is available.

@niugboo what is to gain by being so negative? The OP is in a situation where her best bet is to try all of these avenues - request needs assessment, join waiting list, consider appeal, consider what other schools can offer. No use being defeatist.

Thank you, I’m not a Senco.

Nationwide shortage. Did you miss that?

also, if you work in the field why don’t know that they must have an EP assessment. It cannot follow when available.

No, they have to seek advice from an EP. That isn’t the same as a full assessment. And they can issue the plan in the absence of it, which is actually helpful because then it triggers the right to appeal to tribunal. Which is where I come in. So how about calming your tits a bit eh?

@GastonHaugh Regulation 6(1) of the Special Educational Needs and Disability Regulations 2014 (the “SEN Regs”):

they must get advice from EP, it’s a minimum. They cannot complete an assessment without. That would be unlawful.

It may have been well considered, but if they’ve a large number of siblings, or those already with EHCP’s in place, or live closer than you do, then he wouldn’t necessarily get a place as he doesn’t fall into any if the priority categories.

OMFG advice. Yes.

And assess later. And you can argue at tribunal that they issued unlawfully but at that point the OP would have a plan then, with a placement on it.

You have literally just said that they can issue a plan with SPLD advice with a note to get advice from EP when available. They cannot. It must be accessed as part of the assessment.

I am not being negative. I am being realistic. Telling the op they can sort this by applying for an ehcp is misleading. If you work in this field you will know the enormous amount that are declined to assess, the number where they are refused to issue. Plans being issued by 20 weeks is unusual let alone early. It doesn’t help the OP to not be realistic here.

Not all local authorities work on the basis of catchments, it's important not to confuse OP with anecdotes from other local authorities.

For example, our LA (a London borough) does not have catchments. You can apply to any school you want and after they have allocated siblings, "looked after" children and any other non-distance criteria, the remaining places just go by distance from the school in a straight line. The LA will tell you on request exactly what the distance is from your address by their official measurement from any school they administer. So some years the last place might go to a child who lives 2.1 miles away. The following year it might only be 0.8 miles. If a school is undersubscribed you could get a place even if you live 5 miles away. There is usually a published list so you can see what your likely chances are based on how things have gone in previous years.

Literally as I type I have a plan in front of me which is now at appeal, and was issued without an EP report because the LA couldn’t get one and the private ones are booked out so the LA rather sensibly took the view that it was better to issue the plan with incomplete advice which they have admitted, than delay and the child not get the phase transfer placement he needs.

It is far from ideal. But it is more sensible and it is possible. And the EP advice has been sought, although it was utterly inadequate because he didn’t actually meet the child, he reviewed the evidence available and said he needs an assessment but not to delay placement. So arguably it was just about over the line as lawful, even though we will be arguing to the judge that it’s admittedly inadequate. Advice was sought.

Plenty get declined first round. And plenty don’t. And without seeing all the reports this child has, it’s hard to call it.

So you’re telling the OP plan will be miraculously issued early because the LA will act unlawfully and that will sort the placement issue? That’s the scenario you want the OP to rely on?

and this plan you have does it name an over subscribed setting where the child wasn’t already placed?

Catching up with everyone's messages now. I've been crying again this afternoon, I'm a mess I know I have to stay positive but finding it extremely difficult at the moment.

That isn’t what I’ve said at all.

I have said that it could happen because it does happen.

Sen parent here, OP I’m afraid you are going to need your hard hat on.

Today is the first real experience of the educational system. When you go through the process of the ehcp, it’s going to get even harder. It’s worth seeking out some groups that have been through the ehcp process so you can prepare yourself for that.

Let go of any thoughts that the system is going to help you. The only important factor to the system is how much money they have to pay and whether they can pay less.

It’s not fun but once the provision is in and right it’s only transitions that you have to worry about.

If you can afford to seek legal advice for the process it takes a huge weight off you.

Exceptionally rarely and in context it’s not useful advice.