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Original poster

Moving school in year

16 replies

Mumof2boys11 · 12/10/2024 08:44

Hi, hoping someone can answer my post. I'm looking for my child to move school he has a SEN. (Adhd) he has no ehcp but has had a ed physc to visit him. And ehcp declined. Can the new school refuse to have him even though there is space? They've come back to say they don't think needs can be met. But I'd still like him to go there as this is better than what he is currently receiving.
I've gone back to say why I think it would be suited to him, they've said they will speak with current school and let me know by next week..
Can they decline him?

OP posts:
TheSquareMile · 12/10/2024 10:37

@Mumof2boys11

Why doesn't he have an EHCP, OP?

Original poster
Mumof2boys11 · 12/10/2024 10:54

@TheSquareMile he was declined one just had the email yesterday.

OP posts:
Original poster
Mumof2boys11 · 12/10/2024 10:55

@TheSquareMile he was declined one just had the email yesterday.

OP posts:
roses2 · 12/10/2024 10:57

They've come back to say they don't think needs can be met.

I would gently suggest listen to them when they say this. They won't give your child the attention they deserve and sounds like they don't want the responsibility. Are there other schools you can look at? I would recommend looking at the government website for your area and the special needs funding each school has. This will give you an indication how much they are willing to help your child.

EndlessLight · 12/10/2024 11:21

Appeal the EHCP refusal. Was it refusal to assess or refusal to issue?

Think carefully whether moving schools without further support in place would be jumping out of the frying pan into the fire.

The school could in theory refuse to offer a place if they have good reason to believe DS may display challenging behaviour and they have a high proportion of pupils with challenging behaviour or previously permanently excluded pupils compared to other local schools and admitting another pupil with challenging behaviour would prejudice efficient education or efficient use of resources. This isn’t an easy thing for the school to prove.

ThatsGoingToHurt · 12/10/2024 11:39

I would appeal the refusal to issue an EHCP. Local authorities often refuse to issue as it saves them money as they are kicking the can down the road for a couple year. Appeal now. At the moment it is a year wait for an appeal. I appealed in July 2024 and my appeal date is July 2025!

Original poster
Mumof2boys11 · 12/10/2024 11:39

Behaviour is little it's more semh needs attended is 100%
He needs movement breaks and forest school. Which they can meet. The other things are group sessions which he doesn't get now nor does he get movement breaks now or forest school so a move would be better. I'm not asking him to go In and have everything as I understand the waiting lists. He's never been excluded ever.
I believe this school is more suited for him and there isn't many other school places in the area. . I just wanted to know can they soley refuse him? If they have a space but just saying they can't meet all the needs right now?

OP posts:
TheSquareMile · 12/10/2024 11:40

@Mumof2boys11

Is there something specific about how things are in his current school which is prompting your request for a move?

You mention that the school you have in mind would be better than his current one - in which respect do you think that the school he is at now is failing him?

In your own view, what do you think his needs are?

EndlessLight · 12/10/2024 11:41

If there is a space and the last paragraph in my previous post doesn’t apply, the school can’t refuse a place.

Original poster
Mumof2boys11 · 12/10/2024 14:51

I currently work at the school he is in, he sees me daily getting hurt and this makes him so anxious too. He's been known to bite this has only happen during football and the same child each time the new school does not have football.
He should have movement breaks frequently he doesn't get these. The new school said they can facilitate this. They said forest school can be facilities eventually. And elsa intervention can be at a later date to. He is medicated so mornings he is very settled from 1 he's just fizzy and needs to move more. The school he is currently at is maybe giving him one movement break a day when he's ment to have 3. The elsa lady can only see him sometimes and this is never 1-1 like it's ment to be as she ends up with other higher need children. Their other comment was concerned about friendships. He's not happy where he is and when we viewed the other school he couldn't wait to start. But they are saying they need to speak with the other school first and to confirm some of the things as it says he's has his own work station they can't facilitate that I said he doesn't have that now. He used to eat lunch in the office with the staff but he doesn't anymore he eats in the lunch hall. They have said they are not saying no they just need to speak with the school he is in no and do paper work and go from there. But there is a space and I said I am happy for now that he can just access those movement breaks. His SEMH needs I would be willing to pay for counselling to support this, and the school my son is currently in say he doesn't need an ehcp but the new school are saying they believe he does from the Ed physc report however the Ed physc report says these needs can be met under universal provision. I will look to apply but I'm just hanging on to find out if he gets a space which I was told I will find out by this Friday coming. I think they will find it hard to decline him as he is not physically violent no more than children that fight in the playground. He doesn't flip furniture etc. He's very low key but he is fizzy and can be silly. There is no documentation of him being physically violent. The Ed physc report has put them off I think

OP posts:
Original poster
Mumof2boys11 · 12/10/2024 14:57

The report is also not 100% accurate like it states he smears poo at school. He doesn't actually like to use the public toilets to poo he hates it. However he does smear poo at home. It also says he's Climbed the school gate to try get out. He's never done this either. He climbs out our windows and we have locks for that reason. Accademicly he is about a term -2 terms behind. He is a bright caring boy who just likes to make people laugh. I will look to appeal and go to tribunal but based on the reports I was shocked he was declined his ehcp. But there are days I believe he doesn't need one! And that's why I think with the move and the right setting it wil be better for him.

OP posts:
TheSquareMile · 12/10/2024 15:06

Mumof2boys11 · 12/10/2024 10:54

@TheSquareMile he was declined one just had the email yesterday.

@Mumof2boys11

When you say 'he was declined', do you mean that you asked your Local Authority to carry out the necessary assessment for an EHCP and that it refused to do so?

https://www.gov.uk/children-with-special-educational-needs/extra-SEN-help

Original poster
Mumof2boys11 · 12/10/2024 15:21

@TheSquareMile they said they aren't going to issue a ehcp. They carried out an assesment that's why we have the Ed physc report.

OP posts:
Apolitia · 13/10/2024 18:58

Ok, so the school has to admit him unless: someone else has higher priority on a waiting list, or they believe he will display challenging behaviour. However, they can only cite challenging behaviour in some limited circumstances.

They cannot refuse to admit him solely on the grounds he has SEND and they think they can’t meet his needs on that front. That is definitely not allowed.

Apolitia · 13/10/2024 18:59

You can appeal the decision not to issue and EHC plan following an assessment. I’d get your appeal in pronto.

Apolitia · 13/10/2024 18:59

*issue an

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