Desperate advice needed

[cdoth]

My original thread is below, but hoping people with more experience can advise as totally lost on what to do 😪

To be this upset about a school place http://www.mumsnet.com/Talk/amiibeingunreasonable/4786708-to-be-this-upset-about-a-school-place

Yes, that's quite normal.

You may well find the other school is not as bad as you think. Nursery to reception is a big change anyway, even if you do stay at the same school.

You may be able to appeal that you should have been considered under criteria 5 rather than 6, did you include all the information on the relevant forms etc?

@Coldilox Yes I did. I don't think it's really mattered though as it doesn't seem to have been considered

Even where an appeal is incredibly hard to win, the only thing you actually have to lose by trying is time and the emotional energy, so you could still try so you at least feel you’ve given it a go.

Do you have any official diagnosis?

@LiliLil No, because the wait times are really long in my area. But we have numerous written evidence from professionals which say an autism diagnosis is highly likely. It's just a case of it getting to the panel now which is taking a long time.

Unfortunately, it seems that you have been poorly advised by the nursery, as the best way to guarantee a place in a particular school for a child with SEN is to have it named on an EHCP.

There are a number of things that you now need to do in parallel:

Check that no error has been made. It being your nearest school is only very rarely a factor, and that only where it is explicitly stated in the over subscription criteria. Much more likely is that there were 30 children who met the criteria better than your child (so had EHCPs that named the school; were looked after children, were siblings, lived closer) - but do check the last admitted distance is actually shorter than your home-schooll distance.

Go on the waiting list.

Get the EHCP process moving fast. All the extra information you submitted with your application actually needed to be in an EHCP application instead. While you are not 100% guaranteed a place if you get the right EHCP (for example if there are an overwhelming number of children with EHCPs already admitted, it is just possible that the school may say they cannot meet need) it is extremely likely. Getting an EHCP is time consuming, onerous and can be adversarial- expect to appeal and if necessary refer for multiple reviews.

Contact the allocated school and have detailed conversations and share all information with the SENCo there, including potentially them observing your child in their current nursery. The better prepared they are, the easier your child’s transition will be if this ends up being their school.

Prepare for an appeal. As an infant class size case, you have to prove that it is something legally unreasonable (a VERY high bar) that deprived your child of a place - not the much low bar relevant for Year 3 and above where it is balance of prejudice to the school compared with your child. Go into it in the knowledge that you are unlikely to be successful, but it does happen.

This is excellent advice op.

Apologies for the cross posts.

Without the EHCP however, all you have is speech delay and possible autism, which I would have thought any appeal panel will say can be managed by any mainstream school. Criteria 5 would be for those children for example with a mobility difficulty which means they use a wheelchair and so need a single storey school or something similar. So you would fall under criteria 6. If there is a high sibling year, it may well be that there are few places left for those on distance criteria and you were not close enough- even though you are further away from the allocated school, it may have a different criteria order.
Accept the allocated school, go on the waiting list for your preferred school, appeal if you think you have sufficient evidence why this is the ONLY school that can meet needs, get the EHCP sorted and request your preferred school then. A child with an EHCP can be an " excepted" child and so breech infant class size regulations.

Actually pretty shocked that we have been told numerous times by the school to appeal if we don't get the place and that they will support as much as possible. That's giving false hope when surely they know how difficult it will be to win.

I'm afraid you've learned some SEN lessons here that you need to take onboard:

Check things yourself
Everything takes ages, so start early
Always argue, appeal and make a nuisance of yourself

At this point you need to appeal - you have nothing to lose
Push the EHCP now, you can see how important this is in the allocation criteria

Having seen the posts that crossed with mine, I do think that arguing to be considered under criteria 5 might be a possible avenue.

You need to look very closely at how they have defined ‘medical needs or disability’ though - but you could potentially argue that requiring a diagnosis (if this is stated) is unreasonable.

That said, it may well be hard to argue that this school is ‘the best / the only’ school
for a child with potential autism, as every school will have children with such a condition and could be said to be used to providing for their needs. It would be slightly different if eg this was the only local school all on one level for a child using a walker or wheelchair.

Why are you so against appealing?

You want this school and they are offering to support you. So why not try it?

@MrsCharlesFrere I will try as I have nothing to lose but have been told it's virtually impossible to win going off the advice here

I think op is rightly reluctant to pin hope on appealing, especially as this comes as advice from a school who have already poorly advised her.

It is, sadly, common for school staff to be relatively unaware of the intricacies of admissions, though this is shocking given the credence parents will often give to their advice.

@cantkeepawayforever Thanks for your advice it's been extremely helpful. Do you happen to know if the usual thing to do is to get the new school SENCO to observe at his current nursery before he makes the transition?

Don't give up hope.

Once you get the EHCP you will have that up your sleeve

I believe you mentioned possibly deferring so that might be enough time to get one step ahead

In the meantime structure your arguments and get as much "evidence" from the school.

I know how horrible all of this is, so stressful, but keep going and try everything you can no matter how hopeless it might seem.

Did the evidence you submitted from professionals state that in their opinion only this school can meet his needs? What was the criteria for category 5? Letters outlining his issues only go so far, and it may be that an appeal could take the view that other schools are able to cope with children with similar additional needs.

I was in a very similar situation when my DC started school op.

I contacted the school once we had a place, met with the SENCo and reception teacher.
His new teacher went to his preschool on a number of occasions to meet him and speak to his key worker. We were also able to go into his new school a few times after school just so that he could play in his new classroom and get familiar with the space.
The school made him a little picture book with pics of his classroom, toilets, playground, key adults etc. which we looked at a lot over the summer.

Try not to worry, schools are generally used to dealing with children who find school more challenging.

Do you happen to know if the usual thing to do is to get the new school SENCO to observe at his current nursery before he makes the transition?

In my experience, in the second half of the Summer term, there will start to be ‘transition’ activities for Reception starters - a stay and play, a visit from the Nursery class to see the Reception teacher and vice versa. For children with SEN, there are likely to be more individual arrangements, because it is in everyone’s best interests for support to be available from day 1.

I would contact the allocated school and the SENCo, and be guided by what they want to do. It may well be, frustratingly, nothing for a while - certainly until the first flurry of allocations, acceptances, waiting list movement etc is over, so that the new school is sure enough that your child will be attending that it is worth allocating the time iyswim?

My local council list all the oversubscribed schools and how the places were allocated each year, I'm not certain but I think most councils do this. Academy schools will be different though.

This would be a good starting place for you, so you can see how many applied and how the places were allocated.

Anybody know how academy schools differ? The school we have been allocated is an academy. Just interested to see what the difference is

Lots of great advice here, and just wanted to add that while I completely understand your distress at changing his setting, it doesn't sound like the allocated school is necessarily anything to worry about in and of itself. They may be equally good with your DS or even better. Any change will be hard for him (and you) and there will inevitably be lots of it to come, even if it was from nursery to reception in his current school. It sounds like the allocated place is still close and you have a long time to do settling in and ease the adjustment process. I have a DS with ASD so I get that there may still be a tough transition to get through but then he'll be settled for many years in a school that's still close and the nursery setting that seems so vital now (even though it sounds like they've actually advised you badly/dropped the ball) will fade into the past.

You can ofc still appeal and do your best to keep him there, but just saying it's not the worst option to embrace the new place and start paving the way for it. Totally understand the desperation but if it helps to have context, many who don't get their first choice end up with much less ideal situations with totally inappropriate schools miles away etc. You sound like a great mum and will get your DS through it.

I have a friend who was exactly in your position at Reception. She felt child should have come under medical needs category, they’d put him in distance and denied a place.

She appealed and won, it turned out they’d not considered any medical needs evidence across the borough that year despite it being a criteria so completely ignored all the reports she sent, The ECHP was granted just before September and named the school she’d won at appeal,

If you think he’s been put in the wrong category ie should have been in medical needs but is in distance and you submitted all evidence with the application then you should have a fair chance at appeal as error is one reason to win an infant class size appeal.