Autistic son didn't get the perferred reception school: considering appeal

[TLSP]

Just found out that my DS2, who is autistic but do not have a statement, has not been offered a reception place at the any of the two schools which I really want him to attend. Prior to the application, I have visited the nearby schools and met their SENCOs to see what helps they can offer Autistic children and it was based on the info that I ranked these two at the top of my preferences. I have also ticked the "medical" box in the application and included a supporting information pack which contains a supporting letter from the Nursey's SENCO, the EP's report and my findings.

The local authority response was that they have considered my info and in their opinion any school will be able to provide my DS2's SEN needs, and therefore he has not been given any priority in the consideration.

I am considering an appeal as I thought Autism, being a mental disorder, is a medical condition. I also like to understand what processes the authority uses to arrive at the fact that any school will be able to provide his SEN's needs as autism has such a wide spectrum. I would really appreciate advices from parents who have gone through similar problem with school placement, and understand how they have gone about creating a successful appeal case. I am planning to challenge their sweeping statement that any school can provide his SEN needs.

Actually, I have just remebered one interesting point, at one stage there was an indication that statements for AUTISM would continue, followed by a mad rush for parents to get children with ANY form of disablity diagnosed as autistic, whether they were or not. Several children with Down's managed to get an ASD diagnosis, also severl children with tourettes. None of these children ar autisteic,

asiatic - I work in this area and in London and completely disagree with you. Statements are very much alive and kicking as are annual reviews and targets etc.

asiatic - some LAs do not provide funding alongside a Statement; the school is expected to anticipate a range of need, and use their annual budget accordingly (iyswim - ie school is not given a cheque the day a child with a statement arrives) but the rest of what you say is quite shocking! Hopefully, your job is too far away from statement processes for you to have realised that statutory stuff is still happening?

asiatic

"at one stage there was an indication that statements for AUTISM would continue, followed by a mad rush for parents to get children with ANY form of disablity diagnosed as autistic, whether they were or not. Several children with Down's managed to get an ASD diagnosis, also severl children with tourettes. None of these children ar autisteic,"

That doesnt sound remotely plausible. Are you saying that people went to see a doctor, said that they needed a diagnosis of autism and got one purley because the child needed funding, and they didnt meet diagnostic criteria?

Also, on what basis are you qualified to say that the children didnt have an ASD?

I thought this, too@catsareevil.

As if parents can just walk in and demand a diagnosis for ASD just like that. Ha. If only.

It is true, however, that some LAs are consistently breaking the law, and despite rulings by the LGO school adjudicator etc are continuing to try to avoid issuing statements, saying that schools now have devolved funding and can provide support within their own budgets, therefore statements aren't necessary.

Some are misquoting the green paper and are telling parents that statements are already no longer applicable. They are consistently refusing to specify and quantify provision and are writing statements using the most woolly language possible, so much so that they aren't worth the paper.

Parents are having to go to appeal as a matter of course to get Statutory Assessment, and then again to get the statement specified and quantified. It seems that LAs are refusing to assess most DC unless they have parents who are willing to fight the system, and the initial refusals are almost a filtering system to put off those who won't or can't fight.

This isn't universal, but sadly is becoming more common.

I thought Asiatic was a parent who had been badly treated by her LA. However, her claims to work for LAs and schools lack credibility.

She claims to work for schools where she makes judgements as to whether or not a pupil with a statement of SEN is suitable for the school and hence whether or not the pupil should be enrolled. When the LA proposes to name a school on a statement the school can object but once the school has been named there are no further decisions to take. The school must admit the child. It doesn't matter how full (or overfull) it is. It has no choice.

She claims her LA does not issue new statements. That clearly shows that she doesn't have a clue. Every single LA in the areas in which she says she has worked issued at least 55 new statements in 2010, the most recent year for which information is available. She mentions Kent. The two LAs covering Kent (excluding that part in greater London) issued 870 new statements in 2010. Similarly the two LAs covering Surrey outside London issued 670 new statements in 2010. The three LAs covering Essex outside London managed 1000 new statements in 2010 between them.

I could add the figures for innner and outer London but there is little point.

Asiatic's opinions do seem to be merely hearsay, uncorroborated by facts. My opinions above are anecdotal, I must admit.

We are in exactly the same position with our DS except we have also had his funding cut because he no longer fits the new funding criteria that has been implemented for Sept 2012. He has received funding for the 2 previous years and only found this out by accident.

Like you, we thought they would accept his medical needs to be at a school he had settled into and we felt could provide the best chance for him to be educated.

His Academy school will have to provide all of his support with no additional funding as the LEA will now only fund those at the severe end in all 5 developmental areas.

Do you know how you are going to start your appeal letter TLSP?

I really have no idea what to do

tootymaloo - Can you clarify please. Your situation sounds different from TLSP whose son has been refused entry to a school. It sounds like your son is already at school. Is that the case? Does he have a statement of SEN?

Hi Prh47 , DS has been at a school nursery (in 2 different settings) for 2 years on early years plus with additional funding to support his needs in both.

He has been offered a school which he has never set foot in, that have no idea who is and to top it off we have found out that he will no longer receive any funding as the criteria has changed so he no longer qualifies as his delays are not severe in all 5 areas.

All of our local Primarys are Academys so will be expected to fund additional needs out of their own budget

We are very worried about his transition and need to appeal on the grounds that he needs to be somewhere familiar and with people he knows. He actually made friends in this setting and participates with group activities which he would never do in the first nursery we tried.

How on earth do we word that for appeal?

He has no statement as he isnt severe enough and i would agree with that but he does have needs so we fall between the cracks.

prh47bridge, like I said, they maybe do still issue statements, but if they do, the are an irrelevance. They are DEFINATELY no more likely to be accepted than a non statemented child, I know, I do the enrolling!

asiatic - I do not believe you. In the highly unlikely event that you are telling the truth you should be removed from your job immediately as you clearly have no idea of your legal responsibilities. But you lost all credibility when you asserted that your LA had decided 5 years ago to issue no further statements, a claim on which you have been rapidly backtracking as it is provably false. If you were behaving as you claim your LA would order you to admit the children concerned. Should it fail to do so the parents would be advised to appeal to SENDIST who would issue a court order telling you to admit the children and may also award compensation. The school would have no possible defence as it would clearly be in breach of Education Act 1996 324 5(b).

tootymaloo - I would put the funding issue to one side. Most LAs delegate the bulk of the SEN funding to schools. That means that schools have to fund any provision for the needs of SEN children out of their own budget. The LA only provides for children needing expensive tailored provision. It has been like that for a number of years.

The wording you have used in your last post is perfectly adequate for an appeal. However, the crucial question is whether or not this is an infant class size appeal. That depends on the class sizes in infants. If it is an ICS appeal you will find it harder to win. You could argue that the LA has acted unreasonably in that, although they are clearly aware of your son's needs, they have failed to take adequate account of it within the school admission process. I'm not sure an appeal panel would accept that argument but it is worth a try. If it is not an infant class size appeal you stand a better chance of winning. In that case I would simply argue that your son's needs as you set out in your last post mean he should go to this school. It will strengthen your case if you can get an independent expert who has examined your son to write a letter stating that in their opinion he needs to go to this school.

To reinforce prh47bridge's points in Islington while statements that name a school are rare the admissions criteria for all schools published by the LEA give first priority to such cases (followed by looked after children).

Some of the primary schools have a recognised specialism in an area of SEN which would result in parents being advised that that school should be named on the it if appropriate.

The school I am a Governor of in Islington has a number of statemented children, although, as it happens, none of them named the school.

tootymaloo I am preparing a appeal pack which match the school provisions against the EP and speech and Language reports' recommendations. I have submitted the details of my meetings with the SENCOs, so I will also reference to this information again.

prh47bridge - the situation is exactly as I say it is, and if you find it hard to believe, you clearly have no understanding of what is going on in the real world.

asiatic you obviously do not work in Essex then - my son had a Statement issued 18 months ago. And I have been categorically told that my choice pf secondary school is just a formality - he will have a place because he has a Statement.

Are you sure it's not YOU who has no understanding of what is going on in the real world?

Where do you work? If you are not saying I am suspicious that you are either lying or afraid that someone will point you out what your LEA does in regard to Statements which will prove you wrong.

TLSP, I hope you can get hold of someone at IPSEA who will help, your DS needs a Statement of SEN to help him access the curriculum.

prh47 Thankyou- yes it is down to class size but we will give it a try.

TLSP Thats exactly what we are trying to do with all of the reports, so at least we are thinking along the same lines and I havent missed some easier option!

Goodluck

I have a friend who's son was recently statemented. He has just got into the preferred secondary for meeting his dyslexia problems, even living way out of catchment, but there was no doubt he would, because he had a statement.

tootymaloo, it may worth you looking at the DfE's School Admissions Code (Feb 2012), under infant class size. I can imagine the school will argue that the year is full and they can't accept any more children and are under resourced to do so. According to section, they can admit additionsl childen if the appeal goes the parents' way. What this mean is that temporary the year will be oversize until some children move away from the school.

Just trying to guess how the school will argue their case not to admit and preparing the answers to neutralise them.

Perhaps other more knowledable parents can comment.

Yes, if you win an appeal the school has to admit your child, class size regulations not withstanding. However, as it is an infant class size appeal the rules are that an appeal should only succeed if a mistake has been made and tootymaloo's son should have been admitted or the refusal to admit was unreasonable (which is interpreted as meaning irrational).

In this case whoever is presenting the case to refuse admission will simply argue that their admission arrangements comply with the law and the Admissions Code, that they have been correctly implemented and that tootymaloo's son did not get a place as he was in too low an admissions category, lived too far away from the school or whatever. They will show that they have classes of 30 in Reception, Y1 or Y2 and that infant class size regulations therefore apply and there are only limited circumstances in which an appeal can succeed.

By the way, the Admissions Code on the DfE website does not apply to this year's admissions. These are still under the 2010 Admissions Code. If you Google it you will find copies online. Alternatively myself, admission and PanelChair are experts and can advise.

its not difficult to get a statement, but they will try and get you to not apply, then they will try and not assess, and its a pain, but if he needs one, he will get it and its worth applying.

I was told it wasnt worth applying, that he wouldnt get one, and in the end it was fairly straightforward

I read up about in the internet and IPSEA has a model letter so I'll be drafting up a statutory assessment request letter this weekend.

I'll have been warned by my nursey SENCO be prepare for refusal for a statement and appeal.