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

To be fair, if the third choice school are already coming up with reasons why not to take the child, it's hardly surprising that the OP is looking elsewhere!

I’d be interested to know what your preferred school has told you is a ‘quiet’ place for your dc to rest should he need to.

Because he wasn’t diagnosed when OP applied....?
But she knew she was in the process of seeking a diagnosis, or she wouldn't have asked were there any pupils with epilepsy already on roll.

Do you know how far In distance you missed your first place by? Is it worth going on their waiting list?

For your appeal you can’t really say why the school you got doesn’t suit ; you need to focus on the school you want and why that’s the best one for your son.

Is the health care plan an EHCP? If not, can you get an EHCP? If you get an EHCP you will be asked which school you want named on it. You can ask for your first choice to be named. There are very limited grounds on which they can resist being named. If they are named, they must admit your son despite being full.

Unfortunately, winning an appeal is likely to be hard. Most Reception appeals are heard under infant class size rules. If that applies in your case, the rules are that you can only win if you can show that a mistake was made that deprived your son of a place. I can't see anything in your posts that suggests there was a mistake.

Many appeal panels hate the infant class size rules as it means they have to say no even when everyone can see that the child really needs to go to this school. For this reason, sometimes an appeal panel will award a place even when the rules say they shouldn't. However, that is rare so you need to be realistic. An appeal is a very long shot.

@prh47bridge

Is the health care plan an EHCP? If not, can you get an EHCP? If you get an EHCP you will be asked which school you want named on it. You can ask for your first choice to be named. There are very limited grounds on which they can resist being named. If they are named, they must admit your son despite being full.

Unfortunately, winning an appeal is likely to be hard. Most Reception appeals are heard under infant class size rules. If that applies in your case, the rules are that you can only win if you can show that a mistake was made that deprived your son of a place. I can't see anything in your posts that suggests there was a mistake.

Many appeal panels hate the infant class size rules as it means they have to say no even when everyone can see that the child really needs to go to this school. For this reason, sometimes an appeal panel will award a place even when the rules say they shouldn't. However, that is rare so you need to be realistic. An appeal is a very long shot.

A voice of reason.

What type of epilepsy does your son have? What type of seizures does he have?

I have epilepsy and my son does but he did not inherit is epilepsy from me and has different types of seizures. He also has more types of seizures - 4 types.

Personally, I think it would be difficult to prove that only one school could meet his needs.

Thank you all to those who have provided helpful comments.

It's a medical health care plan, not an EHC plan. We are 0.1 mile outside the catchment area of our preferred choice school this year.

Is he at nursery/another setting? Can you try and set an ehcp in motion, if you haven’t already?

As ever, I agree with admission and prh47bridge.

If this is going to be an Infant Class Size appeal (which you can read about on PatriciaHolm’s “how to” thread here) it’ll be hard to convince the appeal panel that the decision to refuse your child a place was so unreasonable that they’d have the power to overturn it. The school will doubtless argue that all schools can cater for children with various health conditions, including epilepsy. Pursuing an EHCP may be your best option.

"We are 0.1 mile outside the catchment area of our preferred choice school this year"

Could you confirm that you mean catchment (ie criteria are LAC/SEN, catchment siblings, other catchment, non-catchment siblings, other non-catchment)? Because as you say you live outside the catchment, it was always going to be a long shot to get an offer. But perhaps there was also an exceptional medical/social need category, which your DC did not qualify for at the time but now wouid do so. This won't help your appeal (no mistake, just horrible timing) but might alter your position on the waiting list

Is the currently offered school your catchment school?

I took that to mean 0.1 mile beyond the place at which the last place was awarded, rather than a formal catchment.

The school will doubtless argue that all schools can cater for children with various health conditions, including epilepsy. Pursuing an EHCP may be your best option

This.

I would say it would be very hard to say that one mainstream school could meet the medical needs whereas another was completely unable. A medical care plan holds very little weight really.

Is the allocated school your catchment one?

If you’re only 0.1 miles from the furthest offer it’s sept worth going on the waiting list for preferred choice, as you may be the first on the waiting list.

In our local authority (Bristol) we have to accept our offer given and then actively click on a link to go on a waiting list for our preferred school

It is worth trying to get an EHCP drawn up. If you can get that done quickly enough then you might get a place at your preferred school before September even without the appeals process. There's always a little bit of waiting-list shuffling in the months after places are allocated, for various reasons. If you have an EHCP you will be first in line if a place comes available. Without an EHCP there's still a chance but there might be someone higher on the waiting list than you.

If the child has an EHCP, they can be given a place at a school even if it is full. So, yes, apply for one now. In theory it is a 20 week process so you should have a decision before September. Appeal in the meantime, although as has been said, this isn't hopeful but there is no harm in trying and go on the waiting list too- all bases covered!

Why would the play ground layout mean he can't be man marked? (this is unlikely to happen without the funding of an EHCP despite what a medical plan says).

Having somewhere to rest durin

I took op to mean the school have said they won’t be able to provide him with a 1:1 for break times, which he would need because of the layout of the playground/play equipment.

@PanelChair

I took that to mean 0.1 mile beyond the place at which the last place was awarded, rather than a formal catchment.

Yes, I thought it's probably that, but I though got worth clarifying as it could make a big difference to prospects on waiting list

@Snooptheboot

I don’t think any school could provide 1-1
Support at play times without an ECHP in place as the funding isn’t there

I think unless you can get an EHCP your best bet would be to go on the waiting list, and call your LA to see what other schools have places. Then contact the schools that have places to see if they are more suitable than the one you have been allocated. Yes you want your preferred school. But if you don't get given a place you need a back up plan if your allocated school is as bad as you say.

I know people are saying apply for an ehcp but actually getting an ehcp will be extremely difficult for epilepsy alone. It certainly won't be done now in time for September due to timescales and if you have to appeal at either stage that takes you realistically past Christmas.

Theoretically epilepsy is a condition they should be able to manage even if they haven't currently got an epileptic child it wouldn't be a huge amount of adjustment needed.

I don’t think anyone here underestimates the difficulties in obtaining an EHCP, but that is the surest way of getting a child with additional needs into the school that will best meet their needs. Since (as far as we know) this will be an Infant Class Size appeal, it will be hard to win, even if OP can provide evidence from a health care professional confirming that, in their professional opinion, the child needs to attend this school and will be disadvantaged if they don’t.

I just can't see a school justifying an EHCP for epilepsy alone. The rule of thumb is £6000 + AWPU, so £10,000. It's unlikely that full 1:1 is needed for a child with epilepsy. They can't give 1:1 'just in case' there is a seizure, unless the seizures are very frequent. The OP hasn't indicated any other learning needs.

But in all honesty they won't get an ehcp which was my point. It is a bit barking up the wrong tree.