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Original poster

Appeal for a school

27 replies

Yus · 04/11/2023 23:17

Hi
anyone have experience in school appeal - primary level
I moved to a new area and gave one of my school as preference but did not get it.
I have appealed now.
wanted to know what are chances that appeal gets successful etc
or what factors makes appeal more stronger .
if we are not happy with anything in the school , can we raise in appeal ??
some people say u can’t say against a school as they don’t like it
they take all schools as equal.
my son has complex medical issues
I am not satisfied with care etc
also I live in the same street where the school is and I am not comfortable for the surrounding people to know about his condition as he gets bullied then
how Can I mention this in my appeal

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MarchingFrogs · 04/11/2023 23:42

What year group is your DS in? This makes a difference to the kind of things that the Independent Appeal Panel can take into consideration.

Original poster
Yus · 04/11/2023 23:48

He is in year 2

OP posts:
fedupandstuck · 04/11/2023 23:50

Does your child have an EHCP in relation to his complex medical issue and the care he receives at school?

Original poster
Yus · 04/11/2023 23:57

It’s not an educational plan but it’s called individual care plan in which all instructions on how to manage his health conditions at school are mentioned and they have to follow accordingly

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Original poster
Yus · 04/11/2023 23:59

He had 1:1 cars in school till now but I am surprised this new school where I am not happy and have made appeal have not given him 1:1 support

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fedupandstuck · 05/11/2023 00:07

Is 1:1 something that is specified in his IHP?

Regarding the appeal, you'd be looking at trying to make a case that your preferred school is better able to meet your child's needs as per the IHP. Are there any aspects of the preferred school that would make it more able to meet your child's needs?

Original poster
Yus · 05/11/2023 00:28

I personally have not visited this school but it’s very popular and well reputed school so I am pretty sure they will be having good standards but the panel will not accept it as they will say they both are good schools

OP posts:
Original poster
Yus · 05/11/2023 00:31

Yes 1:1 is clearly stated in his IHP
and I am very surprised as in all his previous school he had 1:1 care but in this school it’s not.
and there was one incident as well that I have an email proof that happened Cz there was no 1:1 care but my worry is that they might say that we can provide 1:1 in the current school rather than changing it

OP posts:
Original poster
Yus · 05/11/2023 00:42

I am so disappointed with their care that even if they gv 1:1 support now , I still want to change school

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BendingSpoons · 05/11/2023 07:58

There is a lot to unpick here. Firstly I am surprised you haven't visited the school you are appealing for. Just because it has a good reputation, doesn't mean they will support your son in the way you want. You need to be asking the SENCO questions. You won't have any information to present at appeal about what you want this school.

Secondly an Individual Care Plan (written by the school nurse?) won't give the school funding. His old school will have paid out of existing budgets. If his needs are significant enough to need 1:1 care, school should apply for an EHCP.

Thirdly as he is in year 2, it is likely an Infant Class Size appeal if there are 30 in a class at the school you want. The reasons for winning this appeal are very limited (a mistake or something completely unreasonable). Unfortunately your reasons probably won't reach this threshold.

In terms of the bullying, is he currently bring bullied? I think if you are really unhappy with the current school, you need to investigate other schools locally with places.

TeenDivided · 05/11/2023 08:04

Where in the UK are you, rules differ in the 4 regions.

eish · 05/11/2023 08:07

If you are in England an IHCP has no legal requirements, it can be written by anyone in the school and adjusted at any time. As poster has said above, if he requires 1:1 support he needs an EHCP.

meditrina · 05/11/2023 08:22

You must also remember that you are not appealing against the school you have, but for the school you want.

If Year 2 and Infant Class Size rules apply, then they cannot breach the limit of 30 per teacher, and the only grounds for winning and appeal are
a) mistake in the administration of the application, and if the mistake had not been made your DC would have been offered a place
b) something actually wrong with the criteria themselves (giving priority in a way they shouldn't, or not giving priority where they must)
c) a decision so unreasonable that it is perverse (in a legal sense)

It's usually hard to win on (c) unless where are very serious matters in play, but it's possible you might have the makings of a case as long as you can show evidence of (roughly) the following: - your DC's needs, and (more importantly) how these were met at school before you moved, - that the appealed for school can and will meet those needs in a similar way, - that current school cannot meet his needs (not just a matter of not doing it in the way you prefer, but really can't do it).

Remember the appealed-for school also makes its case to the appeal panel, so as @BendingSpoons wrote, you need to understand from the SENCO exactly how they would be able to support your DC

And also remember that you could appeal again for next academic year, where ICS rules do not apply, and the "balance of prejudice" can win an appeal (ie showing that the detriment (prejudice) to your DC by not attending is greater than the detriment to the school and its existing pupils by increasing numbers

Original poster
Yus · 05/11/2023 11:42

Many thanks for a detailed reply.
What does ICS means
I did not get that ??
How it will be easy next year ??

OP posts:
spanieleyes · 05/11/2023 11:45

ICS is infant class size, there is a legal limit of 30 per class in KS1. There is no legal limit in KS2, so technically an appeal is easier.

Original poster
Yus · 05/11/2023 11:51

He does need 1:1 support since he started school.
And he was given that in all his previous school.
I am v surprised that he has not been given in this current school.but he definitely needs it.
That is my biggest concern but I don't know I think it has nuthing to do with school as support is arranged by council but school arranges it I think ???
I don't know these things in detail
All I am thinking to tell the panel that I am not satisfied with current school as they haven't provided him one to one that he needs .
Also what I am feeling their level of care is lower than all previous schools as they would do regular meetings etc and will gv me everyday feedback in writing .
The school I am appealing to is generally a popular one in that area .
Will it be wrong to say that because it's a big and more popular school so my thoughts are that his needs will b fulfilled there ??

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Original poster
Yus · 05/11/2023 11:52

So KS2 starts from year 3 ???

OP posts:
meditrina · 05/11/2023 11:54

So KS2 starts from year 3 ???

Yes

spanieleyes · 05/11/2023 11:56

Yes, KS2 is from Year 3.
You can claim that just because the preferred school is larger and more popular, that his needs will be met. That simply doesn't make sense. Without an EHCP, no school is required to provide 1:1 care, unless he receives some sort of medical funding- which MIGHT be available in some local authorities but certainly not all.

meditrina · 05/11/2023 11:56

The key thing you need to establish is what the appealed-for school can provide.

spanieleyes · 05/11/2023 11:56

Sorry, YOu CANT claim..... not that you can!

clary · 05/11/2023 11:57

Hi OP good advice already here.

I think you need to visit the school you say you prefer - not sure how you can know it will be better for your DS unless you have gone there, seen the school, seen how it operates, talked to the head and the SENCO about how they might meet his needs. Surely this will give you a much better basis for your appeal.

It might be that you are not impressed anyway and end up preferring the offered school. Or the preferred school may say they can provide a 1:1 or some other support - which would make your appeal more favourable.

Agree tho it's very hard to win an appeal in FS-Yr 2.

redskyanight · 05/11/2023 12:00

I'm not sure how you can argue that the school will provide the care your child needs when you haven't even visited the school.

Unless your child has a 1:1 funded (in which case you need to chase on why he isn't currently getting one) there is no guarantee the other school will be able to provide it. Schools have no spare money.

BoleynMemories13 · 05/11/2023 12:13

You keep saying you're very surprised they won't give him 1-1 as he had one before, but you've already been told by several people that it is not a legal requirement as he doesn't have an EHC plan. If he genuinely needs 1-1 you need to arrange a meeting with the SENCO and fight for an EHC application. His previous school may gave put 1-1 on his individual care plan but it would have come out of their own funding as schools receive no additional funding for children with individual health care plans. I'm sure his new school would if they could but budgets are extremely tight now and most schools simply cannot afford to pay for a 1-1, out of their own budget, for a child without an EHC plan. That doesn't make them a bad school who are failing to meet your child's needs, it makes them a strapped for cash school, like most up and down the country, who simply can't afford to offer what you are demanding in the current circumstances (ie no EHC plan).

I am baffled that you are appealing for a school you've never even visited. How on Earth do you know they can meet his needs better? Your fears that he may be bullied are a) currently unfounded, and b) won't be unique to this school, so therefore cannot be used as evidence in appeal. Why would he be bullied in this school but not the one you're appealing for? I'm not following.

I'm afraid this is an appeal you simply won't win on the information you've given us. I would put all your energies into meeting with the new school to air your concerns and work together on improving the care he's currently receiving at the school he is odds on to stay at, rather than wasting time and energy trying to get him in to a school you've not even visited, which is clearly already full in Year 2.

MarchingFrogs · 05/11/2023 12:23

Even if you stated on your application for the school that your DS has complex medical needs (did you?)...

  1. The school you applied for may not have medical / social need as an oversubscription criterion (does it?), and even if it does...
  1. This would normally require a statement from an appropriately qualified person (e.g. your consultant or specialist nurse) that the school in question is the only school that can meet that need (i assume you havent got this, if you haven't even visited the school or spoken to the SENCo, to provide the appropriate professional with the information they require to make the statement?), but...
  1. Even with the above, without an EHCP naming the school, if the school is already at its Published Admission Number (PAN) for the year group at the time that you apply, there isn't a place to offer and so you would (correctly) be turned down.

(The school won't randomly offer places if to do so would take the year group over its PAN even if it won't take the individual class size to over 30 - to do so would leave it open to constant challenge. It will only admit over PAN / over 30 in an infant class if legally directed to do so).