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

66 replies

RBBMummy · 16/04/2018 23:07

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?

OP posts:
Are your children’s vaccines up to date?
PanelChair · 17/04/2018 21:37

Excuse me? I'm someone who has many years' experience of chairing appeal panels for my LEA and could offer you some advice on how to present your appeal, if you want it. But, to do that, I would need a clearer picture of your situation and why you consider this school to be suitable (and, to a lesser extent, the allocated school to be unsuitable).

LIZS · 17/04/2018 21:50

Tbh I think you need to put the medical issues around the birth date aside for now. If he should have been considered under SEND or medical needs priority, as defined by the admissions policy, and was not that is something you can argue for at appeal or with the LA in the meantime. If he gets an EHCP naming this school he would get admitted as an excepted pupil - his nursery should have advised you much earlier to get one.

Random mentions of the need to be near Sainsbury's Confused etc won't win an appeal especially if it turns out he has been considered in the correct category and missed out on distance alone. Waiting lists do move and if he is 5 in September you do not really have the luxury of time to hold out for a place later in the year. Year 1 is extremely unlikely to be an option and even if it were the class is probably already full with a waiting list, if this school is popular, so focus on a suitable Reception place.

myrtleWilson · 17/04/2018 22:47

Goodness, I've never seen a thread where a poster comes on asking for advice yet offer so little in terms of material information or willingness to engage with other posters and be so snippy in response. Perhaps @RBBMummy has misread this board?

BackforGood · 17/04/2018 22:52

Wow. How rude you are.
People are trying to help you.
If you don't want help, why post ?
If you do, then why not let the people on here with expertise, help you ? Confused

Snowysky20009 · 17/04/2018 23:45

Wow. People are trying to help you with what sounds like a weak case based on the little information you've given. However, if you provided accurate and appropriate information this may not have been the case.

GrockleBocs · 18/04/2018 00:04

RBB I understand how frustrating this is and you probably feel very stressed now. I had a quick look at your previous posts and I see that your ds has a tangible physical impairment that adds to his need to be somewhere familiar.
If you are able to then, given it's elsewhere on MN, it would be useful to list your son's needs briefly. You need to be very clear headed about the admissions and EHCP process because you have to make a clear and professional case for your child. Having people on MN ready to give sensible advice based on experience (on both sides of the table) is great and you mustn't assume that anyone is against you. I do think some people have focused on the slightly random bits of your panicky posts which has upset you.
I also understand that if your ds is very clever in tandem with his autism that you may be struggling with a system that only tries to bring children with additional needs up to average rather than maximising their abilities.
Deep breath.
Start again with a list of his needs.
Let's talk about what the school you want offers him. Panel has the panel advice and others like me have the parent advice.
Flowers

KingsHeathen · 18/04/2018 00:20

This reply has been deleted

Message withdrawn at poster's request.

Iamagreyhoundhearmeroar · 18/04/2018 08:10

It is astonishing. I think it's op who needs the biology lesson...

PanelChair · 18/04/2018 09:07

Taking what other posters have (it seems) unearthed from other threads at face value and with one or two points from earlier posts here, this is what I’d suggest ...

The admissions process works on the assumption that schools can cater for children with a diverse range of needs. OP will therefore need to persuade the panel that her child’s needs are such that the allocated school can’t meet them but the preferred school can. She therefore needs to highlight those aspects of the school that make it uniquely suitable.

On top of that, assuming this is an infant class size appeal (which is winnable only if there has been an error depriving the child of a place or the decision to refuse is unreasonable in the legal sense), she will need to persuade the panel that the refusal of a place was so unreasonable that no rational LEA would have made the same decision. That rarely happens, but OP might manage to do it, especially if she can demonstrate that the LEA overlooked evidence from medical professionals setting out why the preferred school was uniquely suitable.

Talk about being “aggressive” is misplaced. It’s about presenting clear, factual information. It’s probably also misleading to talk about winning the appeal “the first time”. Generally, there is only one time, although there are some limited circumstances in which cases can be referred to the LGO or equivalent for academies. The right of appeal can be used once a year, so if the first appeal doesn’t succeed there’s a long wait until the next appeal for the same school can be made. In the meantime, if the child is of compulsory school age, they need to be receiving an education in some way; in this instance, as OP has said that private school and HE aren’t options, that implies looking for another acceptable school. That may not be ideal, but I can’t see any other option.

PanelChair · 18/04/2018 09:24

And, finally, I should have said that - especially in ICS appeals, which are so hard to win - it helps to have the panel on side, so that they give you the benefit of any doubt. Panels often hear that the parent won’t send the child to school unless they get a place in the preferred school. They can’t respond to that sort of blackmail. The panel will allow or refuse the appeal according to the evidence presented by both sides (and the requirements of the appeals code) and, if the appeal can’t be allowed, will expect the parent to make other provision (of whatever type) for the child to receive an education.

RBBMummy · 18/04/2018 21:35

Sorry but I've had enough of the ignorant comments, we get enough prejudice in real life as it is.

OP posts:
myrtleWilson · 18/04/2018 21:51

@RBBMummy - you've not provided information to enable the experts on here to help. They can do - have a look at the other posts in the same section, you will see they are providing excellent and useful advice. If you want guidance and support about an appeal then I think you need to be a bit more forthcoming

PanelChair · 18/04/2018 21:58

Assuming this will be an ICS appeal, the chances of winning will never be great, but I've done my best to explain how OP can present her appeal in a way that maximises her chances. I can't do any more.

MsJaneAusten · 18/04/2018 22:06

@PanelChair, I’m lucky that I’ve never needed your advice, but I’ve seem you give it freely and carefully many many times. Thank you. It’s good to know you’re here.

BackforGood · 18/04/2018 22:09

Sorry but I've had enough of the ignorant comments

Wow again.

Posting that right underneath the really helpful advice PanelChair has taken the trouble to post, despite your previous rudeness is quite breathtaking. Shock
You should take a look at yourself OP, whatever stress you are under.

PanelChair · 18/04/2018 22:15

That's kind of you, Jane. Usually, it's a pleasure. Under my usual MN name I've had support from MNers with other things, so this is (I hope) my way of paying it forward.

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