Secondary school appeal - EHCP

[SENParentSupport]

Thank you to everyone who posted on my original thread about secondary school appeals on medical and social grounds.

Here is an update. We have been going through the EHCP process and ended up going to tribunal. The LA condeded 3 weeks before the tribunal hearing. We are now awaiting a draft EHCP.
Whilst we were in this process we have appealed the secondary school allocation, as this school will not be able to meet our daughters need. We have submitted evidence as part secondary school appeal the educational psychology report, OT report, SALT report, letters from the EdPsy, GP, paediatrician stating the school where we would like our daughter to go. We have evidenced why this school meets need compared to the school we have been allocated. Our appeal is next week.
We are going to mention we have been given confirmation from the LA to issue an EHCP which is the top criterion on the admissions policy, will this have any bearing on their decision. The LA have delayed their decision to issue for 8 months...if we had this we would have met the admissions criteria.

Ive been told the EHCP now being issued after the school application deadline cannot be an argument anymore at the appeal, just wanted others view.

Will the EHCP name this particular school once it is issued?

If so then I believe that will get your child a place even if it’s issued well after offers have gone out, and even if the school is “full” already. I am not certain about this but I think that’s how it works. Essentially, children with EHCPs have their own separate admissions process that sits alongside the regular admissions process and overrides it. Be prepared however that getting a finalised EHCP can take some time after first draft.

As for the appeal - If you can demonstrate at appeal that the (forthcoming) EHCP will name this school as the school that is best for your child’s needs, then that could have weight in terms of proving that your child needs this school.

I don’t think the delay in issuing the EHCP has any weight in itself though. It’s not an admissions error.

Does the school have a “social and medical need” criterion? If so did you apply under that criterion at the time of application, and provide evidence?

Thank you so much for your reply. Yeh we are allowed to name the school as a parental preference when the draft is issued. We will be doing this as our next steps.

Totally understand its not an admissions issue and therefore i guess we can mention it and let the panel know our nexts steps on this.

We really would like her place secured so she can be part of transition days and start in September but understand going through the EHCP route will take time.

I believe we have enough evidence for panel next week so can only hope this helps