Preemptive secondary school appeal question

[user672345]

We live very close to two schools. Both outstanding and well thought of.

One is very academic & smaller. The other is slightly larger, more creative and pastoral.

My son has ADHD, ASD and dyspraxia. He is medicated and does well academically at school. He thrives at primary, without the need for an EHCP as they have outstanding pastoral key and they just get him.

We have now visited our two local schools. The larger more creative one will absolutely be best for him. Their SEND depart is brilliant, they have a very strong pastoral system and it's a less 'rigid' school.

The smaller schools is very good but the rules are very strict, the pastoral system is weaker and the SEND department is overrun with EHCP'S as the school really does genuinely suit some children well, so many request it.

We don't live in catchment for the larger school which we prefer. They are generally oversubscribed and very rarely take children out of catchment. They do take about 6/7 children on appeal every year though.

I want to prepare myself to appeal, but I also don't want to assume I will get a place.

What is the best way to approach an appeal on these grounds?

I've been told to just an EHCP and name it, but that feels like playing the system. He doesn't currently need one, he is thriving without so it seems disingenuous.

I wouldn't write off an EHCP application without careful thought. My child was doing well in a supportive primary where everyone knew them, but needed a lot more support in secondary school. It's a lot easier getting all the evidence from primary school in my experience.

That said, at least locally it often takes a lot longer than the 26 weeks as most people I know have had the initial application rejected and had to appeal. So it may well be too late in terms of getting a school named for September.

We had to appeal for my eldest, we were just a few metres over the last distance admitted) lots of threads in the school section here and some really helpful posters got us through.

The most powerful evidence was a letter from the community paediatrician saying she felt xxx would be the best for for our child. It was the closest to her primary, so the route was familiar giving her independence. Almost all her year group were moving to that school and the same school nurse covered both sites who was already working with her.

In the appeal we also pushed that a descion at appeal would give her chance to attend the transition days. At that point she was top of the waiting list and the school usually find there are places that come up in the first term but DD would have really struggled with that change.

If it’s for 2026 entry it will be too late to get an ehcp now

6/7 kids on appeal sounds reasonable but how many appeals were there?
I think for our high school it gets 40-50 appeals of which 3-4 are successful. I wonder if it’s worth trying to get info on successful appeals (may not be possible)

in your shoes if it’s for 2026 entry apply and hope for the best.
if your dc is younger then absolutely look into getting en echp.

It depends on when your son transfers to secondary school, since the process of obtaining an EHCP can be lengthy and, although there are timescales to be adhered to, they aren’t always met.

If you have an EHCP you can name the state school you wish your child to attend. Otherwise, all schools are deemed to be able to meet the needs of their pupils. If, you are applying shortly, for September 2026, I think you just have to put down your preferences and include all the options you have. If it’s not for 2026, you could apply for an EHCP. Since the primary school meets your child’s needs so well, I’d discuss your reasons with them. Do they feel your child would be better suited to a particular school?

Look at this page.

https://www.gov.uk/government/publications/admission-appeals-for-school-places/advice-for-parents-and-guardians-on-school-admission-appeals

Successful appeals usually point out that the oversubscription criteria were applied incorrectly or there are strong reasons your child should attend that school. Siblings often have a better chance of successful appeals.

also the possibility you’d get in on the waiting list. That may be where people subsequently get places.

For a normal appeal, it is about the balance of prejudice. Showing the disadvantage of DS not attending outweighs the disadvantages for the school admitting another pupil. One element of an appeal can be about creative opportunities at the school.

Any EHCNA request in the lead up to transition to secondary should consider the upcoming transition. One way you can get an EHCP is via showing DC is only doing well because they are receiving support in excess of what is typically available at a SEN Support level.

You won’t have an EHCP by this year’s deadline for submitting a normal application, so you should also make a normal application, but it isn’t too late to request an EHCNA. Even if you don’t have one for the start of Y7, it is still worth doing. The EHCP process takes 20 weeks unless you have to appeal, which many do. LAs like to think this deadline doesn’t apply to them, but it does and parents can challenge LAs who breach the deadline, including via JR if necessary.

As a PP said, appeals are won either on 1) an admissions error that cost your child a place (rare) or 2) showing that your child’s need for that particular school outweighs the disadvantages to the school and its other pupils from taking on an extra child.

To win on 2) you need to show very specific reasons why that school is clearly better for your child than the other available schools. IME it really needs to be quite specific - a general description of a less rigid ethos and strong SEND dept/pastoral won’t cut it. You would need to point to things their SEND department or pastoral team offer that aren’t available elsewhere, and why your child needs those particular offerings.

BUT ALSO it will depend on how crowded and stretched the school is, so how much of a problem it is to take an extra. Successful and oversubscribed schools have often been persuaded by the local authority to take more pupils and so are bursting at the seams. If the school is really stretched it will take an incredibly unusual situation for someone’s need for that specific school to outweigh the problems for the school.

In your shoes I would apply for an EHCP no question. If successful it bypasses the whole usual admissions process. It’s worth it IMO even if you’re out of time for the admissions process - as a panellist I would also take a child’s needs more seriously if you have applied for an EHCP, even if it hasn’t fully gone through yet, than if you haven’t even applied.

@user672345 very many children have the same conditions as your child, with greater or lesser need. EHCPs are for the children with the greatest needs. Otherwise, the default assumption is that any school can cater for them. If you are lucky, then the school you want will not have a watertight case for being full, and you'll be the only parent appealing, or else you'll have stronger appeal reasons/evidence than others. But make sure you don't invest so much emotional energy into the appeal that you or (worse) your child are catastrophically disappointed if/when it fails. It is more likely to fail than not.

This is helpful thanks.

I wish we had started looking last year. He is y6 now so too late to move and too late to apply for an EHCP I suspect.

I appreciate it will be helpful for an appeal to have an EHCNA but I'm just so reluctant as he is genuinely fine at the moment.

I have info re appeals. They usually have 4 or 5 and let most in.

Out of the past 6 years, we'd manage to get a place on distance in 3 of those years.

100%, his need is quite low in comparison to others, despite his multiple diagnosis. He needs the right support quietly sustaining him in the background, things like trusted adults, safe spaces and time out cards.

He would absolutely need an EHCP without this, but a good school will have what he needs.

I work on a school so I'm also well versed in SEND provision 🙂.

The schools PAN usually is exceeded by around 10 children for one reason or another.

It is not too late to request an EHCNA. Even if you have to appeal and don’t have a finalised EHCP by the start of Y7, it is still worth it.

EHCPs are based on needs, not condition or diagnosis.

But I'm not sure he does need one. This is the thing. He may need one in secondary but he doesn't need one at the moment.

If he needs one in secondary you should start the process now.

i’m sn ex secondary teacher and every year we’d get kids in where the primary had provided shitloads of support but not documented anything.

it was a nightmare as on paper these kids weren’t given any suppprt because they weren’t entitled to it. The Senco spent most of the autumn term doing emergency EHcp applications for kids who were running out of lessons, self harming, you name it, and there was no bloody documentation.

seriously, don’t risk messing up his secondary transition because he’s fine at primary.

As I said, any EHCNA request now in the lead up to transition to secondary should consider the upcoming transition. Case law established that.

One way you can get an EHCP is via showing DC is only doing well because they are receiving support in excess of what is typically available at a SEN Support level. It sounds like that could (remember for an EHCNA you don’t need to prove an EHCP is needed only that it may) apply to your DS when looking at secondary.

Ok this is really interesting, thank you. I will make an appointment to discuss this with his current, wonderful, SENDCO.

He is also is only fine because he is medicated. Medication can be volatile for a child with ADHD. If he turned around and refused to take his medication or it stopped working, he would absolutely spiral, very very quickly.

As a secondary SENDCo; if an EHCP has been even mentioned by primary; it’s needed at secondary. Primary will have put in support that secondary just can’t without additional funding, it’s just not the same at all.
He can’t thrive academically if his other needs aren’t being met.

Even if the SENCO says DS wouldn’t get or doesn’t need an EHCP, I would request an EHCNA. Unfortunately, some schools incorrectly tell parents their Dc doesn’t need or won’t get an EHCP but the parent goes on to successfully apply themselves. Although they may have to appeal, but they might need to even if the SENCO agrees it is needed.

Thanks all, this thread hasn't gone at all how I expected, but I'm so glad I asked 😄.

It actually sort of confirms what I had been thinking in that he would probably end up needing an EHCP in secondary school. It's absolutely possible he will be fine, but it's also true that a lot of what helps him currently will not be available in secondary.

If we apply / appeal etc we can name the school, right? 20 weeks from now is Feb, so should be done by end of the year even with delays?

If an EHCP is issued, you will be able to state your preferred placement. For schools that are not wholly independent, there are very limited reasons in law that your preference can be refused.

Unless you have to appeal, the process takes 20 weeks. Although LAs often think these timescales don’t apply and parents have to chase and sometimes take enforcement action.

However, many do have to appeal, sometimes more than once, and that takes time.