Reception Appeal - Healthcare Plan

[newbie202020]

Our son has recently been diagnosed with epilepsy and this diagnosis was made past the application deadline in January. He has been allocated our 3rd place school which we don't think can accommodate his medical needs, however we do have a meeting with the Head teacher to discuss.

We now have a detailed health care plan in place and will likely appeal the place allocation as we believe our first choice school is much better suited to support his medical needs. Has anyone appealed in a similar situation? This is all new to us and feels a bit daunting!

Any advice gratefully received - thank you

In what way are they better suited?

I echo- why is it better suited? Epilepsy is very wide ranging condition - severe requires a specialist school but most are at mainstream

Why would a school not be able to support a child with epilepsy, it's not exactly an uncommon diagnosis to have? Unless there is more to it, I think you might need to reconsider your grounds for appeal.

If it's an EHCP and you're appealing the named provision then that's a very different situation than appealing for a school place, KS1 or otherwise.
You will probably get people assuming it's the latter.
You might be better asking on the SN boards.

Have you got an optical EHCP?

I meant official not optical 🤣

There is a difference between an Educational Health Care plan ( an EHCP) and a healthcare plan- which is often drawn up by the medical consultant or similar and details the treatment regime necessary to either reduce the risk of an episode or deal with the aftermath, eg if bucal midazolam is to be given, when and how often etc. The former will definitely give you a school place priority, the second probably won't.

As others say if you have an EHC Plan then you can name on the plan the school that you want and in most circumstances you will get it. With an EHCP you can even exceed the 30 maximum in any infant class.
However if it is not an EHCP then almost for sure, the LA will say that any school should be able to cope with epilepsy and therefore is not a good reason for appealing. If you then combine that with the fact that in most schools the infant class size regulations apply, then you will struggle to win a place at appeal.

I think with any appeal you need to focus in your evidence. As its a medical plan is tgere something about the school you've been allocated that means he will have more fits or they cant look after him and something about the school you want that is different.
We have a child at our school for a medical need because we have larger than average classrooms and quiet rooms off each classroom and lots of physical adaptions. They dont have an ehcp just a health care plan.

You need to be clear about why the school you want is better suited.

It would be quite unusual for a school not to be able to manage epilepsy. It affects 1 in every 200 children, so most schools will have had children with epilepsy, or access to a school nurse for advice and training if not.

He has a health care plan with some specific requirements/adjustments detailed which I don't believe the school he has been allocated a space in can accommodate: specifically in relation to the Reception room layout, the ability to facilitate rest and some concerns with the safety of the outdoor play space in the event of a seizure.

The school which was our first choice has none of these concerns hence they were top of our list.

There's very likely a child already at your allocated school with epilepsy, op, have you actually asked how they can facilitate your son instead of making random generalisations on safety of playgrounds and rest spaces?

Did the school you placed first have a medical/social category? Is it going to be an infant class size appeal?

t's going to be very hard to win an infant class size appeal, because generally, unless a mistake has been made, they aren't allowed to find in your favour. The only exception is the 'unreasonable decision'. But unreasonable doesn't mean 'not sensible/unjust' it means 'absurd in the face of reason'. By your own admission, the LA didn't have a medical diagnosis to consider, so they weren't unreasonable.

You still haven't said if it is an EHCP or a medical healthcare plan, it would make a huge difference in the advice anyone can give you.

@GreyhoundG1rl as per my op with have a meeting with Head to discuss if they can accommodate his needs. When viewing the school we were advised that no other children attending had epilepsy (we were still awaiting a formal diagnosis at that point, but knew it was likely). As to your point about 'random generalisations', the play space is not safe unless my son is essentially man marked by an adult the entire time he is in it and we have been advised already that there is nowhere for him to rest during the day - this is a requirement and detailed in his health care plan...

@spanieleyes it's a medical health care plan

OP - I presume since you've not answered directly that this isn't an EHCP?

As others have said an appeal at ICS will be very difficult. Where are you on the waiting list for this school if you know?

x-posted OP

Not sure why you’re getting a hard time about this OP?! In order to appeal, you’ll need a robust argument as to why your child needs to attend your preferred school over any other. All schools would have an obligation to meet his needs if he is on roll. It’s unfortunate that you didn’t have the diagnosis at the time of application as you could’ve then applied via medical needs. However, although it’s difficult to win an appeal, it’s always worth a try. I would imagine that it’s a healthcare plan you have, not an EHCP if it’s to do with epilepsy.

[quote newbie202020]@GreyhoundG1rl as per my op with have a meeting with Head to discuss if they can accommodate his needs. When viewing the school we were advised that no other children attending had epilepsy (we were still awaiting a formal diagnosis at that point, but knew it was likely). As to your point about 'random generalisations', the play space is not safe unless my son is essentially man marked by an adult the entire time he is in it and we have been advised already that there is nowhere for him to rest during the day - this is a requirement and detailed in his health care plan...[/quote]
Is this a health care plan, not an EHC Plan?

Does the school you prefer have a medical reasons category in its admission procedures? This would help if you have to go on the waiting list, just in case the appeal isn't successful- it's always best to have a back up plan!

I would imagine most schools would be able to cope with a child with epilepsy-there will be a quiet place somewhere in the school-either in the corner of the classroom or in the school office.

I don't think you have grounds for an appeal at all. It just sounds like you're throwing your toys out of the pram because you didn't get your first choice so you've searched for a reason for an appeal. Ofcourse the third school could manage your son's epilepsy, if it couldn't in any way, shape or form, then why did you even pop it on your list of choices?

@JustPickleRick

I don't think you have grounds for an appeal at all. It just sounds like you're throwing your toys out of the pram because you didn't get your first choice so you've searched for a reason for an appeal. Ofcourse the third school could manage your son's epilepsy, if it couldn't in any way, shape or form, then why did you even pop it on your list of choices?

Because he wasn’t diagnosed when OP applied....?