Admission to full reception class!

[GloriaTheHighlyFlavouredLady]

sorry to be asking again but with a statement can ds start any school as an excepted pupil.

If he has a statement he will be an excepted pupil for one year. The school named on the statement must admit him even if they are full. If they are still over the infant class size limit after one year they have to employ an additional teacher.

Will the LA argue that as he already has a place at a school with space he should go there? Will it be considered unreasonable use of public expenditure?

Are you asking if you can pick any school and insist he goes there?

Or are you asking if the school named on the statement is full do they have to take him?

He has a different school named on his statement. I now want this changed to a school that is full. (all schools within walking distance are full so wanting to name the local).

His statement is open btw as we have a tribunal pending.

In theory the LA can argue that they have already given you a named school and that is what is on your statement. However the presumption is that the parent has the right to name the school on any SEN statement so whilst they might argue with you about it to start with, the probability would be that providing that you can put forward a sensible reason to move schools, that eventually they will rewrite the statement.
However don't expect it to happen overnight because the LA will almost for sure want to review the statement in terms of the resource offered in the statement. Not sure also how much bearing the tribunal will have on how the LA react. Can you say anything about what the tribunal is about?

Are you likely to get them to change to the other school? ie have you a reasonable reason other than you prefer it. I think you'd need to show why that and only that school can meet his needs.

I don't think that and only that can meet his needs. I think pretty much anyone can except the one that is named in his statement. The one we want is simple the nearest (statement one 2nd nearest).

The 'evidence' I have against the state enter school is lack of transition plans, refusal to engage with parents, strongly worded letters to the LA saying the don't want him.

The 10 other schools local are all full.

Against the statemented school...

The tribunal is about his level of support within school and the appropriateness of it.

Bump

Listen to admission. S/he knows her/his stuff.

S/he thanks comeintothegardenmaud for their kind words.

Gloria, the tribunal issue is therefore completely relevant to the change of school as clearly you need to ensure that they are prepared to make suitable support available. Obviously the current school not meeting your child's needs is a very appropriate reason for looking for another more suitable school but you do need to ensure that the support will be there and that you are not expecting something that cannot be delivered.

Thank you admission. The support we are asking for is bolt on and so coukd technically follow ds. The school is inappropriate due to their attitude and refusal to engage with parents as they know best. They are standing against us at tribunal to fight against the bolt on provision as they say they can meet his needs without it. however they have also written many letters to the LA indicating they don't want him and can't meet his needs.Whether we get bolt on or not, ds being in that school will be a disaster.

I suppose I'm worried that there is another school just inside the three miles that has vacancies that due to having 3 children under 5 and no car would be a living he'll, albeit legal.

Btw he's never set foot in the currently named school.