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.

The academy's funding agreement almost certainly says that it must admit children with a statement of SEN naming the school. If you would care to name the school concerned I will check. PM me if you don't want to name it publicly.

If they refuse you can take them to SENDIST.

You don't have to go to SENDIST if the school is named in the statement. If the school thinks it shouldn't have to take your son it should be complaining to the Department for Education, but unless and until the Minister overrules the council the academy has to take him. If they refuse to, you could apply for judicial review in the High Court. This is a case you can bring in your son's name so you would presumably get legal aid for it. You should go to a solicitor specialising in education law who also does legal aid work.

www.guardian.co.uk/education/2012/may/24/academies-refusal-pupils-special-needs
Sorry - not sure how to turn this into a proper link but I knew I had read something about acads refusing SEN pupils. This news items appears to be allowing academies to not accept Statemented dcs but if anyone knows any further news would be interested.

The article to which you link is out of date.

The funding agreements for most academies compel them to admit any child with a statement naming the academy. Mossbourne is one of the few academies that does not have this in its funding agreement. SENDIST initially agreed with Mossbourne's argument that they did not have jurisdiction but this was overturned on appeal.

CodandChops - how the HELL did you get a statement in Essex?! I have been trying, for TEN YEARS, applying every bastarding 6 months, for my DD, who has been on SA+ (and not making adequate progress on it, and the school can't even follow her IEP through funding issues) since she was 3yo, at Nursery, and on EYSA+.

The Primary school were unsupportive, but her Secondary have helped me a total of 7 times so far, for my DD in Y10 now. She has been assessed as needing a reader, a scribe, and 25% extra time in all her CA's and GCSE exams - but this wasn't able to be provided (apart from the extra time) for the GCSE she sat in Y9. Which she failed due to the lack of help.

Honestly, if you got a statement in Essex, I'd love to know how. My DD has medical needs and LD's, and I still can't get one, because she doesn't have behavioural problems. At school. She saves it for home.

She hasn't seen the EP since Y6, and before that Y2. I am on my knees with Essex LA.