My son won't start school if the appeal is unsuccessful. What are the chances it will work first time?

[RBBMummy]

He has multiple additional needs which means the school they've assigned is not possible. He will have the backing of the senco at his preschool and I can prove the relevant professionals have repeatedly failed him. Surely my son has the right to a proper education? What are the chances we will end up having to go down the more aggressive route?

Does he have an Education, care and health plan?

Not yet. That's one of the failings

Does your LEA have an admissions category for social and medical need? Did you apply on that basis? Why did you not get a place at your preferred school? What it is about the preferred school that makes it the best one for your child?

If your preferred school has a PAN of 30 or a multiple of 30, this will be an infant class size appeal and - unless you can show there’s been an error or irregularity - you’re unlikely to win. If you’re determined not to accept the offered place, you need to plan what you’ll do instead. Appeal panels don’t like to feel that they’re being pressured, so don’t try to use your refusal of the offered place as a bargaining chip. It won’t work. Instead, join waiting lists for other schools or consider private schools or home education.

Yes. Yes. No idea. The good school is close (the other one is 50 minutes away which is not physically possible for him), smaller but open (no obstacles in the halls), it's close to a Sainsbury's (trust me that's important), he already knows the route, when we looked around he was able to use his words, they have safer allergy safeguarding (also the way the other one is set up he likely won't be able to eat at all), it has a calm place he can access, it's less escapeable (the other one when asked about a potential out said they tell them not too) the senco understood what provisions he would need Private or homeschool is just not an option

Does he have autism? We're going round the same loop at secondary school level with a child with autism.
Apparently all schools can cope with autism so they're reluctant to admit under the medical need.
My advice is

1. Accept the place
2. Get on waiting lists asap
3. Get your EHCP request in.

When is he 5? Can you keep him in pre school while you try for the EHCP?

Yes autism is one of his additional needs. He turns 5 in September and should have actually been in the year before if there wasn't medical mistakes... Could I apply to have him go in to year 1? Is that a thing? Does the EHCP take a long time?

If your ds turns five in September then reception is the correct cohort not year one.

I'm confused. If he turns 5 in September, then why should he have been in school the year before ?
Why would he go into Yr1 ?
If he turned 5 in September, then his 'correct' year in September is Reception. (I'm assuming you are in England? as haven't used P1, etc.)

The EHCP overrides the admissions process. A school named to meet his needs has to admit him as it is all about meeting needs. There's a process that gives deadlines for each stage of the process and ideally it takes 26 weeks. In practice it is likely to be longer as the LA will probably contest it and then you have to appeal and so on. The SN boards on here will have better advice than me (because we're in the depths of applying for it) on how the process works.
You can request an EHCNA (Educational and Healthcare Needs Assesment) which triggers the process.
You can't defer past December for YR because of the September birthday but it does buy you time.

If you're in Wales, ignore me though! I only know the English horror

If there where no medical mistakes he would have been born early August

Wow ok so it can take a really long time then. I fear this is going to end up the hard way. It's so frustrating that the professionals can just do this to my son

I don't think it works unless they were very premature.

Oh believe me, I share your frustration. This is our second time at appeal for an appropriate school!
It is a ridiculous situation. I have the NHS, the current school and one department of our LA supporting my appeal but still we have to explain to a panel why the LA should accept it and then we need an EHCP on top. I use the Parental Leave from work to handle this stuff. It is hard work :(

No you can’t go up a year because your ds was born later. Also that would be detrimental to any child particularly one with additional needs.

I am watching this post closely. I dont want to go into too much detail but I am devastated at yesterdays outcome and am worried my son wont be starting school in September. I have submitted a strong case but been told he will just go back into the allocation systems despite my case

GrockleBocs do you actually have to go plead your case infront of the panel? That sounds scary

MyDcAreMarvel not for my son. It would likely be beneficial

Ehcp is top of pile and classed as an excepted child tbh. Depending on council an ehcp can take months.
Some of the councils need a kick up the bum though.

Tbh for a 2e (gifted with additional needs) going a year above can be very beneficial.

Do not assume all children with additional needs are academically behind mydc

How is the journey not physically possible for him? He won't be travelling alone at 5.

Sorry, but I don't understand how he should have been born in early August, but due to a medical mistake wasn't actually born until a month later??

Of course your son has the right to a suitable education. This is paramount.

I don’t know what paperwork was submitted with your initial application, or why EHCP application is still outstanding if the SENCo is on your side. I also don’t know the details of your child’s additional needs. You don’t need to go into detail here, but you should talk to IPSEA about appeal, and about getting the EHCP moving.

GrockleBocs do you actually have to go plead your case infront of the panel? That sounds scary

Yes you do. You can have your case heard on written submissions only but that can reduce your chances of success. The hearing is informal but it isn't easy when it is your child.

If this is an infant class size appeal it will be difficult to win. However, you have a chance if:

• they failed to consider him for the medical needs category
• they unreasonably rejected him for the medical needs category

If either of the above apply that gives you a very winnable case provided you can show that, on the evidence you submitted to the LA, they should have given your son priority. If the evidence was insufficient or didn't meet the LA's requirements that may undermine your case.

If you can show that your son really needs this school you may get a sympathetic appeal panel that ignores the rules and gives him a place anyway, even if the LA has done everything correctly.

If your son gets an EHCP naming the school he will be admitted even if they are full. So that may give you an alternative if your appeal fails.