Infant Class Size Appeal

[Emperzar]

I am expecting to have the appeal date through any day now, for the appeal to be held in June.

I have posted here a couple of times before, asking for advice re appealing the allocated school as my daughter has special needs but no EHC plan due to the nursery not filling it out correctly and it being refused.

I am thinking of showing the panel how poor the EHC request submitted by the nursery was in terms of the information contained within it and what was actually missing. I am re-submitting the EHC request myself and also planned to add that in to my appeal, to further illustrate the shortfall in the original EHC request.

Does this sound like a good idea? Should I provide them this information prior to the appeal or provide it on the day, as I am only referring to it in the appeal? I suppose it does count as evidence that they might want beforehand, but I am not sure xx

These are my two other previous posts, if anybody would like to see background information.

www.mumsnet.com/Talk/primary/3225183-Primary-school-admission-appeal?msgid=77211003

www.mumsnet.com/Talk/primary/3228344-Primary-School-Notice-of-Appeal-Received?msgid=77300683

You can put in that information but I doubt it will win your appeal. You would be asking the appeal panel to conclude that your child would have an EHCP if they nursery had provided the correct information. I think most appeal panels will take the view that this isn't a decision they can make. From their point of view, if they reject your appeal and you subsequently get an EHCP your child will get a place at this school anyway - they will have to admit her even though they are already full. So there is no point in preempting the process and admitting her now.

If you want to show them the EHC request from the nursery you must include that information before the appeal. Any documentation you want to use must be submitted before the hearing.

Thank you for replying. So would it be better not to show them that then?

I am not using it to win the appeal, I am just going to refer to the fact the request was inadequately prepared and submitted and had all the information been provided at the outset then the EHC assessment process would be underway. I didn't know if, by referring to it in that context, I needed to provide evidence to back up my statement.

I'm looking at this all rather negatively anyway, I am geared up for losing the appeal because I understand that a child can only be admitted under exceptional circumstances - but I still have to try.

I also have another point to bring up at the appeal - we went to see the school that we've been given a place at.

Going down from the hall into the reception classes are two flights of stairs. Whilst we were being shown around my daughter was walking with me, holding on to my hand. She almost fell down these steps. I then had to pick her up and carry her all the way down to the bottom. There is no way that she could manage these stairs on a day to day basis with other school children jostling and pushing around her.

The other way to get to the hall and classrooms is via the school's car park, which is a much longer way round and means taking her outdoors. She would have to go in the wheelchair to access this route.

The school I am fighting for does have stairs - but they have a chair lift installed.

I don't think it will harm your appeal to show them the EHCP request. I'm not convinced it will help but it shouldn't do any damage.

If your daughter has mobility issues that make stairs difficult that is a more compelling argument. If the panel goes by the rules and you didn't put this information on your application it won't win your appeal. But it is the kind of thing that might persuade a sympathetic panel to bend the rules for you.

Thank you, I will get those documents sent off to them.

My daughter's mobility issues were definitely mentioned in the application but as I had not seen the allocated school I did not realise there would be an issue with it.

In that case your main argument is that the decision to refuse admission was unreasonable given that the allocated school does not have adequate provision for your daughter's mobility problems.

Thank you! You're wonderful xxx