Appeal on medical grounds

[JustMouse]

Hello,

Just wondering if anyone has been successful on appealing a reception place on medical grounds?

First choice school is out of catchment but I work there. Unfortunately there is no criteria for staff on the admissions policy.

But little one is tube fed twice daily, whilst at school and needs alot of support around it. Only 2 members of staff can be trained and often we have had staff off sick, courses etc. This means they can't attend school, let alone even have a basic need met. Until now I've been able to step in and bridge the gap, as we are onsite together.

My biggest concern is how detrimental this will be on their education, emotional wellbeing with days being missed. We miss enough due to appointment, hospital admissions with this added in.

An EHCP has been submitted and just waiting here if they will assess. But they may push for the medical ipra funding over an EHCP. Although his paperwork from health states a 1:1 is needed at least 3 times during the school day.

Any advice would be welcome. Just trying to get the best outcome for us.

I think you might get some knowledgeable advice on the SEN thread. What works might also be down to your LA, because I feel they may have varying interpretations and practice around your DC needs. Good luck!

Does the school you're appealing for have a medical grounds criteria? If it does, was the medical information on your application? The difficulty with reception class appeals is that they are often restricted by the infant class size rules, so it's not like other year groups or secondary where you'd be trying to prove that the detriment to your child is greater than the detriment to the school. The only other way is if a clear mistake has been made in the admissions process (ie as I've said above, application has had wrong criteria applied)
I'm wondering why you've waited until now to submit an EHCNA, as 'normal' timing is 20 weeks once assessment is agreed with most local authorities taking longer at the moment. Also, they wouldn't be able to use you as a member of staff for him?

Thank you. I will have a look at the sen thread as well.

No, none of our schools have that criteria unfortunately. Medical needs were explained on the application but I'm guessing overlooked if there was 30 catchment children.

I am aware that they can go over, but I don't know if that is a school decision or county one.

I've spent a year being on at the pre-school to put together his EHCP, but they didn't have a senco in place for 7 months. They are overstaffed, so any needs hasn't had an impact on them, but it will at school.

In the event that trained staff are off I would be able to step in. So we wouldn't be loosing more school days.

I know it's not really the point of your thread, but why can the school only train two members of staff? I've got a peg fed child at school and I got 6 people to attend training (including me) so there's never an issue with absence or cover.

I'm told it's because if too many people are trained then not everyone retains the skills and i' guess this is where problems arise.

So far they've only ever agreed to train 2 members of staff. So we have a number of occasions where I'm having to bridge the gap.

Have you met the allocated school Sendco? Ask them how they would meet your dc needs and how many they would train.

I don’t know anyone - myself included who has won a school appeal but I really hope your DC will, clearly necessary. Good luck.

“Although his paperwork from health states a 1:1 is needed at least 3 times during the school day”

This is too vague. It needs to be smart. Who when what where how.

3 times a day - could be a minute or a second. It needs to state how many minutes / hours plus any qualifications / courses they need (as it could be the postman etc) everything needs to have no wiggle room.

You need evidence that’s what all EHCP are based on. Gp / consultant / hospital wrote a letter? They never go off mum says. Plus a report from the pre school. Plus document evidence that’s you have had to step in to cover when staff can’t do it.

Also what would be useful if the new senco could say can meet need and the other school senco says can’t meet needs as they don’t have the staff / time etc

Good luck. Hopefully you could speak to the head at the school you work at and see what her view is (maybe there might be a better school number 3 to pick).

(ideally what you want if you get your EHCP that your child’s needs section b ties to the provision in section f and name the school in section I so it all interlinks - not just the health section to focus on)

Who’s said only 2 staff can be trained?
The fact that you, as his mum, works in the same setting currently is actually a red herring. The school has a responsibility to ensure enough staff are trained to support his medical needs - they should not be suing him home if there are not enough staff that day.
In addition, there is no reason why you cant apply for an EHCP for your child.

That's is all booked in for a few weeks time. I have a long list of questions for them

Thank you.

Sorry, just me vague on here. EHCP paperwork and health care plan all states in detail what is needed. This is why I have spent a whole year on the pre-schools back about them submitting the EHCP because it has more weight to it that if a parent does it.

My head is more than happy to take and has no problem tipping them to 31, but I wasn't sure who gets the final say the school or county.

Third school is 6 miles in the wrong direction, to then be 20 miles from the hospital. Doesn't give me enough time to get to the hospital in the event of a problem. I can just do it from work in the time frame we get given and I've had too more than once.

Sometimes I think it would be easier to just stay home, but it's not how I've been brought up and it's not something I want to do. Just would like the balance for us both.

The nursing team. They will only train 2 people. Pre-school request more and it was refused.

EHCP has been submitted. Just waiting to hear if they will assess.

Surely the specialist nurses will train the school in how to do tube feeds. Ours will.

They will only train 2 members of staff. We've often has times were both members of staff are off and nobody has been trained to feed. So I've had to go in.

It depends on the “type” of school who has the final say on the placement. It could be the school or it could be the LA.

I think you will defo have to have documented proof of how many times you have been in hospital with your child within the school scheduled timetable / term time.

Plus documented proof that there was no one else to assist and you was the “emergency person”

LA are horrific for school placements (well they are here)

You need to make sure your statements are in the correct section for health on an EHCP so that it can be enforceable by law. If you can get some in the education section and section F then the LA shouldn’t be able to bail out of it (but they do 🤬🤬🤬).

Tribunals take a LONG time. Hopefully you have a nice LA.

Look up Ipsea website - they are great with the law.

No, it absolutely does not have more weight than if you submitted the request for an ehcp needs assessment. Exactly the same weight. Common lie they tell people to put them off applying themselves!

I'm told it's because if too many people are trained then not everyone retains the skills and i' guess this is where problems arise.

This makes no sense - why would the number of people being trained mean that fewer retain the skills? Surely it can only help for more people to be trained, especially as two have been insufficient to cover things so more need training. As with the 'more weight if echp is done by staff than parents', I fear you're being fobbed off with duff info so need to take the reigns and not be flanneled by them. It's a shame it has to be that way, but often you just have to fight for everything or they'll say whatever it takes to make you give up and not be their problem.