Primary school admission under medical criteria

[Faz2015]

Hi I need some advise Plz. My daughter has a diagnosis of autism spectrum disorder. She is currently attending a school nursery, which is not the closest to my home. I applied to keep her at the same school( reception) u set the medical criteria or the LA admission criteria( medical is second on the criteria). I supported her application with letter from paediatrician, gp, speech and Lang therapist, health visitors, and family support workers. All supporting my application to keep her at that school for continuity.

They refused her a place, staying that we live too far and it was parental choice to put her tgere, so they won't take medical evidence into consideration.

I asked the admissions to review my application again and gave more information as to why my daughter needs to stay there. They wrote to all the 6 professionals asking if they think it is necessary for her to stay on. They all said it will be detrimental to her development if she is taken out and put into another school. Admission team has again disregard the doctors advise. Now they want proof as to why I put her there in the first pkace( we were looking to relocate at that time.)

I am appealing but I don't understand what the admission team is doing. As They won't take consultant and professional opinion into account but want proof of us trying to buy a house?

I don't know what to do.. As I'm worried we might not win on appeal cod of infant class size.pleasr advise

Faz I don't think it is fair to talk about the LA taking responsibility if her behaviour deteriorates or that they are "knowingly inflicting" anxiety and distress on your DD. They are interpreting their published guidelines for admission. Your appeal is to argue that they are applying them incorrectly. I appreciate that they seem to be ignoring the medical evidence you supplied but then you will clearly raise that at the appeal. As others have said, I can see a slightly grey area about the continuity from a nursery ( which the admission criteria doesn't link to the school) and entering reception but I am definitely no admission expert and so I am sure you are getting better advice from others about how best to present your case. But, as someone who has been in a customer facing public sector role, please don't start assuming this is a personal attack on your DD.

I fully respect and understand what you are saying.. I know they are just doing their jobs... But when it's so stressful and emotionally challenging... It does take its till.. That's why I'm on here... For advise and to keep me level headed and grounded...

It is incredible that the LA were reluctant to change the panel member. That is absolutely the first rule as a panel member, if there is any possibility of potential conflict then you declare it and step aside. Very worrying.

Hi admission... They emailed me to tell me that they have found someone new :-)) so they are being nice :-)

Hi... My appeal hearing is on Friday... And I'm getting really nervous!!! I have my questions ready.., a lot of them and I'm
Writing out what I'll say... Although I've argued my case in my head a million times since 16th of April, but now I'm really nervous!!! Any last min tips or advise???

I'm going to need all the luck there is!
Thanks and I'll update you all with the outcome x

Try to relax (not easy, I know!). Keep calm and concentrate on the strongest points in your case. If you have a lot of questions go through them and make sure they all contribute to the case you are trying to build. Don't get distracted by side issues. You want the panel to have a clear understanding of your case.

Good luck.

Thank you prh...

After asking the admissions teAm since 16th of April.. Who was on the deciding panel and if any medical/ autism professionals were involved in the decision making process... The admissions team has just come back to me with the reply.... 24 hours before the hearing!!!!

Anyways this is what they have written:

I am contacting you regarding your daughters medical application X school in response to your latest email. I apologise for the delay in this response.

We are not required by law to seek advice from medical professionals when making decisions regarding medical criteria we are only required as set out in the Admissions Code to make consistent decisions based on the evidence provided, I have included the paragraph from the Admissions Code below:

1.16 If admission authorities decide to use social and medical need as an oversubscription criterion, they must set out in their arrangements how they will define this need and give clear details about what supporting evidence will be required (e.g. a letter from a doctor or social worker) and then make consistent decisions based on the evidence provided.

As nursery places can't be considered in the allocation of school places the information was requested as you previously advised that you were moving to an address near the school and this is why the decision was made to accept a nursery place there.

The decision has been made by the Admissions Committee that your child's application will remain on the waiting list under the distance criteria and any further consideration regarding the the Admissions Committee decision will be made by an independent appeal panel.

I told LA when that we wanted to move last year.. But the sake fell through.. And we didn't take her out if nursery as we didn't want to subject her to further distress...

Errr!!!!! I hope the panel is more understanding

They don't have to include any medical professionals on the panel to consider claims for medical need but failure to do so puts them in an even weaker position if they aren't going to follow the advice of medical professionals, i.e. the evidence you submitted with your application. This reply just shows that they are failing to consider the medical evidence and are instead treating this purely as an attempt to get a school place through attendance at the nursery.

Thank you Prh, i think i am ready... like you said.. ill try my best to stay on track and hammer in the fact that medical evidence was ignored... and hope for the best..x thank you again for your advice!!

One last question... If the LA say that my daughters condition isn't life threatening... Can I argue that tge doctors have said that tge effect of change is detrimental and can cause long term effect?

Also can I bring in equality act 2010 sec 20 and ask that LA should have make reasonable adjustments instead asked for further evidence evidence which prejudice my dd

I know it's last min... But thank you x

I'm no expert, but I don't think any of that is relevant.

You have an Infant Class Size appeal, on the grounds that the LA has not applied the admissions arrangements correctly (quoting prh above).

The LA chose to ignore the medical evidence from professionals, that you provided.

Whether the condition is life-threatening is not relevant. Their published admissions policy doesn't say that a medical need must be life-threatening.

I don't quite see the relevance of the equality act either. Their admissions policy allows for medical need. They chose to ignore that policy in your daughter's case. That's your appeal.

I may be missing something, hope one of the experts comes along.

Good luck today!

I agree with ljny. There is nothing in the admission arrangements to suggest that medical conditions are only relevant if they are life threatening.

I'd leave the Equality Act out of it as well. This isn't about needing to make reasonable adjustments. It is about the LA failing to follow their own admissions arrangements correctly. Concentrate on that.

Hope the hearing goes well.

I'm confused. Cannot you provide evidence that a move was intended when you put your dad into the nursery school? And why then you decided not to me. It seems to me that given the LEAS argument this would strengthen your case considerably.

DO not dd

What?!? Stupid autocorrect DD not dad

I don't think the burden us on the OP to show that she was reasonable to put her DD in this nursery. The burden is on the LA to justify disregarding medical evidence.

I want to fully concentrate on the
LA not following the arrangements... Everytime they asked a question I ewillfully told them until they turned it around and fully concentrated on a potential sale... And they will keep on asking me for irrelevant infor stead if actually looking at our application properly...thanks everyone... Fingers crossed will be there in one hour now x

Fingers crossed for you.

Also watching with interest- hope you got on ok

Hey just got back from the appeal... And we lost :-(( ill update you with tge details a bit later.... Thank you everyone for your support and advice

I'm amazed you were told straight away. I'm so sorry.

Oh no. I'm staggered. How on earth could they justify ignoring the medical evidence?

So sorry :( that sounds incredibly unfair and frankly immoral. Ignoring medical evidence - unbelievable

I'm surprised you were told straight away. That should mean you were the only appeal for this school. If you were not they've got the process wrong. But even if you were the only appeal it is unusual for you to be given the result immediately.

I can think of two possible ways the appeal panel could have come to this decision:

• they decided that the LA followed the correct process and just communicated it badly and that the LA's decision was reasonable

• they decided that the LA did not follow the correct process but you wouldn't have got a place even if they had

You may have a case to refer this decision to the LGO on the grounds that it is perverse. If you want me to advise you it would be useful to see:

• your medical evidence. I need to see the exact words used in the medical evidence you submitted with your application as this may be critical

• the LA's written case to the appeal

• the decision letter when it arrives

• anything that happened in the hearing that you weren't happy about

I suggest you PM me with this information if you want me to take a look. I will be happy to advise whether I think the panel has made a perverse decision. On the surface it looks like they have but I'd like to take a more detailed look before recommending a referral to the LGO.

Hi Faz sorry you lost your appeal

My DD (also ASD) started out at the primary school most of her nursery peers went to (not a from a school nursery, the school didnt have one), like you i thought staying with children she was used to would be best. I was totally wrong, it was horrendous :( ! The school were actually fab and bent over backward to support her, but it was just totally the wrong environment (to busy). We moved her to a small village school with a SNs unit, she thrived!

In your shoes id be looking for the smallest school possible, who have experience of working with children on the spectrum. If you have a local SNs parent support group, this could be a good starting point to ask for advice on what schools have good inclusion ethics. Sadly many dont!