Appeal primary admission rejection “prejudice provision of education”

[Mcdreary]

I took my child out of local primary because he escaped after a meltdown (He is being seen my umbrella pathway ASD, SPD). I wasn’t happy with their lack of safety, Ofsted inadequate and refusal to accept change was needed. My complaint was handled terribly and so I pulled out my child to Home school.

My own health is awful and I just don’t feel I can give the time he needs 100% of the time.

So I applied to a school that is most suited to our family overall. Sibling has been offered a space but no space for my home ed son.
“To admit your child to the school would prejudice the provision of efficient education and the efficient use of resources.”

Is there anything I can say or do to over turn this, or does anyone have a suggestion please?

Due to his struggles, and born in May, could he stay back a year? He struggles a lot with maths, handwriting, comprehension.

Due to my own disability the children are pupil premium, and I believe the school will get more money for my sons ASD too, helping to fund resources etc. Could I mention this?

Thanks

That is just the standard refusal. A diagnosis and ehcp might help get priority for a place but if he is younger than year 3 infant class size restrictions apply.

Does he have an ehcp? Or statement?

I take it you're in England? Contact ipsea.

We are in England, yes.

I only have a statement from 3 sessions between him and an Educational & child psychologist.

We have no official diagnosis but professionals I have spoken to have suggested ASD (Aspergers) and SPD. He has just recently been accepted on to the umbrella pathway, and will be seeing community paediatrics for neuro development and a clinical psychology assessment.

I am physically disabled. This school is 3 miles away, however oldest has a place at the high school which is next door. My parents live three roads away from both schools and will be helping, my husband and carer, with school runs.

We do intend to move to the little town, but don’t want to if we can’t get School spaces as only 1 primary and high school there.

My son gets DLA also personal care at middle rate and mobility at lower rate. Also get carers for him.

Can you apply for an ehcp for him? Unfortunately logistics are unlikely to influence an appeal unless there is a specific medical and social needs category including parents . Have the LA offered an alternative place? Where is he on the waiting list? Does Infant Class Size apply?

I think you appeal with the points you make, but contact ipsea to get some advice, I haven't used them, we have a different system in Wales, But our version is great so hopefully ipsea can help. They an advocate for you if you need that too.

But, in the meantime, write down the points of why you desire that school, contact in any council educational department emails you can, and hopefully someone can direct you to the right support.

He is yr4, so no.
He would be the top of the waiting list. I only got the letter today, so not yet on the waiting list, but will be. No one else is waiting for a place.

He was offered a place at the original school I withdrew him from.

I will apply for an echp next week. I didn’t think he could get one without a diagnosis, previous School said so, but just looking now he can get one?

Which school year are you appealing for? If R-2, then short of an EHPC, then it is very unlikely you can secure an offer because Infant Class Size regulations would apply.

If for year3 or above, the it becomes 'balance of prejudice' - ie is the detriment (prejudice) to your DC by not attending, greater than the prejudice to the school in admitting another pupil. Don't worry about how the school has phrased what it has said so far - that's a standard statement that they are full. That can be unpicked a bit. Do you know how many DC they have in the relevant year group, and what are the sizes of the other year groups in the school? If they can frequently cope with a couple more than the admission number, you can chip away at their case that going over is a problem (OTOH, if they are already over numbers, you can still try but may bpneed to be more realistic about outcome)

Thank you! Very helpful, I will call Monday and ask for all those details.
It is yr4. He would be top of the waiting list. I am sure year 6 had space and year 2 had multiple spaces, with his sibling having one of those.

We get help from Homestart, the charity, so I’ll ask them for advice etc also.

I do not know how many children are currently in yr 4, but I will ask.

@LIZS

“Unfortunately logistics are unlikely to influence an appeal unless there is a specific medical and social needs category including parents”

Sorry if this is a stupid question, but can you expand on this please?

Logistics of having children at same school, alternative people locally who could drop off/pick up for you etc are not normally taken into account. However some schools give higher priority category for admissions to those children with a demonstrable health or social need, supported by hcp, and occasionally may also include parent's health needs. This is primarily for when the Reception application is made or for ranking a waiting list , neither of which apply to your circumstances, but if this school does use such a category you could mention it as part of your appeal.

Ohhhh okay I understand now, thank you very much for explaining that to me, I appreciate your help!

You need to find out the number for year 4. That there are spaces in other year groups isn't really relevant (unless school is trying to say that common parts are riskily over-crowded). And the size of all the other year groups, to see if they can cope with being over.

The logistics that don't affect appeals are the nature of your school run and your before/after school care arrangements. But some admissions authorities do give weight to disability in the immediate family of a candidate (counting it as exceptional social need in the main round), so it is worth mentioning though may not be appeal-winning in itself.

What you need are reasons why this particular school is is so very, ideally uniquely, suitable for your DC. Things to consider would be whether they have particular expertise with DC's needs (special unit? staff members with specific knowledge/experience?) It's not enough to have evidence of your DC's condition/investigation/expected eventual diagnosis; you need also to demonstrate (with professional evidence) that it would be detrimental to DC if the school did not have certain features, which this one does, either uniquely in the area or head and shoulders above all others.

And anything else which makes this school particularly suitable. Only one with a choir, band it even orchestra and your DC is musical? Teaches a language that DC is particularly interested in? Has a coding club? Anything that sets the school apart, and which you can demonstrate would benefit your DC.

What sort of area is it in terms of population movement. Being first on the waiting list in some areas would mean there's a reasonable chance of getting a place in year 5 just because the chances are that one child's family will move. You might be OK just waiting it out on the waiting list.

How long is it since the incident at the school you dislike? Is it possible there have been improvements?

Reading your replies OP, I am not sure whether or not you have registered an appeal for your year 4 child. If not then that is the immediate priority so that you will have the opportunity to argue your case for a place at the preferred school. You also need to establish with the school and LA exactly how you get onto the waiting list of the school and where you currently are on it. You mention getting on the waiting list but you need to get confirmation in writing that you are on the waiting list. That needs to be done quickly because it would not be beyond the realms of possibility that a space will become available after the easter holidays because of a house move.