Wish us luck - our appeal starts on Monday

[cory]

This is for dd's secondary school.

To give a brief background, dd has a joint disorder that means she sometimes needs to use a wheelchair, can only walk short distances and cannot cope with stairs.

The catchment school was not an option as it is a large school with stairs and no lifts. Also new management who were not able to tell us anything about how they would ensure acessibility or support dd. And school is going to be a building site next year=even more inaccessible.

We therefore applied to a local secondary school just out of our catchment area, which is compactly built and where she would have access to all classrooms, and where the staff seemed very clued up the whole disability thing. We submitted letters from dd's GP and her paediatrician to support our case.

Instead, we were given a place at another out-of-catchment but local school, which is also large and has stairs without lifts. When we visited this school on Open Evening and asked about accessibility, they said they reckoned dd would have to sit and work with a learning assistant if she couldn't access the classes. (they knew that dd is in top set and does not need a learning assistant for any educational reason, so this wasn't what they were talking about)

I rang the admissions officer and asked what was going on.
-Oh, she said, the school you put as your first choice was not on the LEA's list of schools suitable for disabled children, so we didn't think your daughter could be disabled, so we didn't think the medical letters were relevant. (!!!)

My job will be to go into the hearing next week and explain, very gently, to the LEA that not all disabled people are disabled in the same way and that they therefore have different needs according to their condition. That the LEA's list no doubt is made up from a perception of disabled children in general and that we are applying for a school place for one individual in particular. Do you think there is any chance, whatsoever, of this sinking in?

My greatest fear- because I have spent the last 4 years beating my head against various brick walls- is that I will lose it and start frothing at the mouth. I have prepared what I'm going to say very carefully, but I'm still so tense. And it's ds's birthday this week and I can't concentrate on him at all, poor little lad.

Any kind words, supporting messages etc will be greatly appreciated.

good luck, fingers crossed for you

Cory there is a similar story on parentscentre forum (his name is Angrydad) at the moment, he was featured on the bbc.

bbc news

sorry meant to say hope it goes well

Good luck for the appeal.

Is it possible to get a letter from the school you want, outlining the school's suitability for dd/their general suitability for disabled pupils?

Sounds like a huge cock-up to me. In which case, I would think you have a very strong case for getting the school you want, eventually. Surely there are some discrimination issues here? Anyway, good luck. Keep us posted.

Thanks everybody! Feeling comforted now. Representatives from the school will be present at the hearing, Uriel, and though they can't intervene directly on our behalf, they were shocked when I spoke to them on the phone that they weren't considered appropriate, so hopefully they'll say that.

That's good, cory.

Cory, best of luck!
I heard this morning that I won my appeal for ds (he's dyslexic) and we're thrilled. We're in Kent. I have the code of practice and the how to win appeals book so if you have any questions I'm lesley dot ub at hotmail dot co dot uk
It's well worth going for.

You've got a few days - if you want my book/code let me know as I'm done with them and I'll stick them in the post.

Just want to wish you luck. Maybe they'll actually read the notes on this before you get there and will roll over in front of you? It is understandable you want to rage at them, but save it for if they don't listen and gove you the right answer
In all seriousness though, all the very best.

Oh, bless you Swedishmum, it's people like you that make it feel worth carrying on. I've actually found the Code online and been able to download it, and Ive got a book on appeals, so I'm ok, but that was so thoughtful of you.

Sending positive vibes cory. Hope it goes well for you.

Having the school on your side will really help I'm sure

It makes me really cross that because your dd has a physical impairment, that they assume she needs learning support . And regardless of her disability, why should she have to put up with being segregated anyway?

Best of luck

Thanks everybody.

First Stage of the appeal was yesterday. This was just the formal part of the school establishing that they are full, so they can't just take on more pupils without individual appeals processes. It's just to establish that we then move on to Stage 2 where individual cases are heard- and we knew that was going to happen.

But it was worthwhile going, to find out more about the admissions process. And not least to see that the appeal panel is not made up of monsters with three heads each. They seemed very sensible and conscientious, which makes me feel a lot happier about the thought of getting up and talking about dd's life.

Cory, it sounds to me like you have an excellent case. Is yet another example of a one size fits all rule being applied with no discretion or deeper thought.

I hope that the rest of the process is successful.

Cory, I had evidence from the school ds got in that they would be able to support him. Also had anecdotal evidence (reported conversations with Sencos etc at open evenings) that they would be unable to provide support as there were more needy people than ds. The implications of the Human Rights Act (2000) and the SEN and Disability Act (SENDA, 2001) are that schools and teachers have a duty to ensure that children receive education appropriate to their needs, irrespective of the nature and extent of those needs and whether or not the need has a diagnostic label.
One of the panel members told me that though I had a strong case I could have emailed school asking what exacly they could provide for ds. If they provided nothing or didn't respond, I could use this as evidence and contrast it to what my first choice school offered.
I also contacted my mp and had a supportive email back from him that they had taken note of - just means that you are not to be messed with!
Be polite (I'm sure you will!) - I thanked the panel at the beginning of the summing up for listening to me. But make sure they know you mean business - in the nicest possible way of course. Being on a panel must be quite stressful.
Quick quote from House of Lords (about dyslexia but the point remains the same) - the House of Lords held that
"educational psychologists and teachers have a duty of care to ensure that children receive education appropriate to their needs" House of Lords 27/07/00 - Phelps v. Hillingdon LBC.

Best of luck - I'm sure you'll do a great job!

Just had the letter- she's in!!! I was right to feel good about the panel. They did listen carefully, it shows in the letter, where they list all the key points I made in my speech.

So I can stop worrying about dd falling down the stairs or being denied an education. I will not be spending the next four years quoting the Disability Discrimination Act at a bevy of non-comprehending heads and deputy heads and special needs coordinators. I might even get some sort of life. Oh, and as an afterthought, I am not exactly devastated that my daughter will not be attending a school where the number of students achieving 5 GSCES at grades A-C has recently sunk to 20%, well under half of the national average.

You know, this afternoon I do not feel I am a complete waste of space as an (almost) SAHM. 'Twas my eloquence that did this.

Thanks everybody for supportive messages and helpful suggestions.

Brilliant !!!!!!!!!!!!!!!!!

Fantastic, cory.

Excellent, Cory - well done! It shows that the system works sometimes. Enjoy your weekend.

Great news. Well done