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Primary education

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Original poster

Appeal Year 1 in year Admissions - Prejudice

40 replies

Purple1x · 02/08/2022 14:14

Hi,

I'm a little bit lost, and I'm looking for some advise for seeing if is worth it or not, to appeal the primary school place offered by the LA.

Basically we moved in June 2022 to a new Borough, and we needed to apply an in year application for my DS for starting from September 2022, year 01.

My nearest school is ofsted inadequate, so I applied to the other 4No schools around my new home due this bad rating.

My DS has a language & speech delay, and he was helped by his last school by the Senco, and I have NHS and private assessments proving the language delay, but he hasn't got a EHP.

I applied to 4No primary schools as described below:

1st. Ofsted Outstanding & oversubscribed . With language & Speech provision. (Distance 852m)
2nd. Ofsted Good & vacancies (Distance 1150m)
3rd.. Ofsted Good & vacancies (Distance 1050m)
4th. Ofsted Good & No vacancies (Distance 1500m)

Due my son having a speech and language delay, and the first school being the only one with this provision, I applied to that school for ensuring will get a school that can provide support on his language needs, but unfortunately due being oversubscribed I received a prejudice response that my son has been refused on the basis that they have already filled all 30 places.

My son is currently isolating himself from other peers because he is not able to communicate properly with them, and because of that frustration is behaving sometimes bad for catching adult attention, and I feel that my son will improve considerably if he can get a place in that school, but because he hasn't got a EHP and the Prejudice rule doesn't allow schools at Year 01 be above 30No pupils, I'm not sure if have still grounds with just the private assessment to appeal for a place in the basis that is the only school in the area that has this Speech and language provision.

I checked last year admissions on the first school and only 1No pupil was admitted under an EHP in year 1, and the school has in their website announced that they can provide language support up to 8No childs, so I'm just guessing that they have a provision that is not fully utilised, and due the fact the class is now full of pupils they are refusing to increase the total number, even If they have still some room with the speech and language teacher.

I was offered the 3rd school, even though the 2nd school had vacancies, I imagine this for being closer to my home. I accepted the place already, but now just looking advise if I should appeal for the first school.

Any thoughts and advices are welcome!!

Purple

OP posts:
whowhatwerewhy · 02/08/2022 15:17

If your chosen school is oversubscribed put him on the waiting list .
Send him to the school you have excepted and wait to see if a place come up at your chosen school.

LargeLegoHaul · 02/08/2022 15:23

Are you sure DS will be able to access the speech and language provision without an EHCP? In most areas an EHCP is needed for a place in an ARP. Also, admission statistics often don’t include pupils placed in the ARP as they are in addition to the normal class and it’s unlikely they have 8 places per year in the ARP.

If school 2 had a place you should have been offered that though.

Littlebluebird123 · 02/08/2022 15:24

I'm not sure I completely understand all you are trying to say but you can ask to go on a wait list for your preferred school. You can also accept a place at another school while you wait.

The speech and language specialist provision will be for all the school so just because there isn't someone in that year doesn't mean they aren't using the places. Also, their admissions criteria won't take that into account unless stated and that usually needs an EHCP.

All schools have a duty of care and if your son is assessed to need speech and language provision then other schools will have to provide this. All schools are given access to SALT through their LA and they may have to ask for extra funding or they may have someone trained who can help.

I know plenty of school as who provide speech and language support using trained personnel but aren't a speech and language unit.

SALT usually will give parents exercises to do with their children also so you can continue the support while waiting for him to start school in September. Anything you can do will be of benefit and best prepare him for social interactions.

Sherrystrull · 02/08/2022 15:25

All schools provide support for SALT if it's needed.

EduCated · 02/08/2022 15:34

An appeal is unlikely to be successful, as it would be considered that any school should be able to meet his needs.

That said, the only thing you have to lose by appealing is time and energy, so you could try. You should also get him on the waiting list.

You should have been offered your second choice if it had spaces - query this!

gogohmm · 02/08/2022 15:45

The school is full, there's very strict criteria for exceeding the pan but you can go on the list

LIZS · 02/08/2022 15:50

You need an EHCP namng school 1. You can apply to LA yourself or ask school 2 or 3, whichever you decide, to support an application. Have you spoken to SENDCO at any of these to see what support they can access? Being a pupil at school 1 may not give direct access to a SALT unit.

Penhaligon · 02/08/2022 16:16

Yes accept the offer for School 3 and put his name on the waiting list for School 1.
He may not necessarily get support from the S&L unit without an EHCP anyway.

I can't see that there has been any prejudice though. School 1 is full. Infant classes only go over 30 in exceptional circumstances.

Original poster
Purple1x · 02/08/2022 17:14

Thanks for the responses,

So then what would be the process for requesting my son gets access to SALT in his new school? the Senco team needs to raise a referral requesting this?

what about the EHCP is this raised/ requested by the parents or is more intended to raised by the schools?

Thanks

OP posts:
Original poster
Purple1x · 02/08/2022 17:16

EduCated · 02/08/2022 15:34

An appeal is unlikely to be successful, as it would be considered that any school should be able to meet his needs.

That said, the only thing you have to lose by appealing is time and energy, so you could try. You should also get him on the waiting list.

You should have been offered your second choice if it had spaces - query this!

I accepted a place in school 3, and after reading all responses also requested to be included in the waiting list just in case of schools 1 and 2.

OP posts:
LIZS · 02/08/2022 17:18

What support did he previously have? Have you transferred gp etc yet? You need a review with SENDCO to access support there and either you or school can apply for EHCP.

LIZS · 02/08/2022 17:19

If you prefer 2 and it has year 1 vacancies why not request the place there? Distance etc would not apply.

LargeLegoHaul · 02/08/2022 17:20

Speak to the school’s SENCO. In some areas you can self refer to SALT.

If you feel an EHCNA is required you can apply for one. On their website IPSEA have a model letter you can send to the LA.

Original poster
Purple1x · 02/08/2022 17:23

EduCated · 02/08/2022 15:34

An appeal is unlikely to be successful, as it would be considered that any school should be able to meet his needs.

That said, the only thing you have to lose by appealing is time and energy, so you could try. You should also get him on the waiting list.

You should have been offered your second choice if it had spaces - query this!

I thought I should have been offered the second school, today still shows vacancies for year 01 in tyhe LA website, the only reason I can think the LA gave me 3rd school is because is slightly closer to my home than the 2nd school.

What does take preference for offering a place in a school, the distance to the school or your priority list order in the event of vacancies in both schools?

Regards

OP posts:
LIZS · 02/08/2022 17:24

You should get your highest preference with space. Might be worth asking LA to double check before you start preparations.

LargeLegoHaul · 02/08/2022 17:24

If school 2 have a place you should have been offered that.

whowhatwerewhy · 02/08/2022 17:25

Each LA is different but it's normally
Catchment area first . So you were probably offered the closest school

LargeLegoHaul · 02/08/2022 17:27

whowhatwerewhy · 02/08/2022 17:25

Each LA is different but it's normally
Catchment area first . So you were probably offered the closest school

This is not how it works. The OP should have been offered the highest preference school with a place.

Original poster
Purple1x · 02/08/2022 17:28

LIZS · 02/08/2022 17:19

If you prefer 2 and it has year 1 vacancies why not request the place there? Distance etc would not apply.

I do prefer school 2, and don't understand why I was offered school 3 other than being closer than school 2 to my home.

I just requested to be included in the waiting list, and I'm thinking to appeal for getting a place school 2.

Takes preference your priority order over distance if vacancies are available?

Thanks

OP posts:
OnaTraintoSaltLakeCity · 02/08/2022 17:28

You need an EHCp for unit/resource provision
the threshold will typically be the same as for a special school.

whowhatwerewhy · 02/08/2022 17:30

@LargeLegoHaul
I said each LA Is different.
OP should ring her local LA ask for a place at her second choice, at the same time put DS name on the waiting list for her first choice.

whowhatwerewhy · 02/08/2022 17:31

Sorry @LargeLegoHaul
I tagged the wrong person

OnaTraintoSaltLakeCity · 02/08/2022 17:31

Most provisions have a maximum overall number, not a number per year. So they could have 15 year 6s but only 3 reception

are you sure you understood the admission criteria as it is highly unlikely that they are under capacity in the provision

it can sometimes be harder to get a unit place from mainstream at the same school as they absolutely cannot prioritise their own pupils and make sure they don’t

RandomMess · 02/08/2022 17:32

@whowhatwerewhy you may live in one of the few LEAs that have true catchment areas but the majority of England doesn't and you are offered the school you ranked highest that has a space to offer your child according to their admissions criteria.

LIZS · 02/08/2022 17:34

But if there are vacancies in year 1 at school 2 there is no waiting list, no appeal required.