Appeal advice

[Peony6]

Hi there, we are appealing my child's place in reception class at a primary school. She has a health condition (although is doing well currently) which may lead to future health issues and she has to be monitored regularly and we feel the school in question would be the best fit to be able to support her. We have been given an appeal date though and I very much feel out of my depth. Would anyone have any advice please on how to tackle it? Thank you!

If this is an infant class size case, I'm afraid the rules are that you should only win if a mistake has been made and your daughter should have been admitted. Appeal panels do occasionally ignore the rules and admit even when they shouldn't but, if this is the situation, you need to be realistic about your chances.

What you need to do for the appeal is set out your daughter's health condition, how it affects her and why it means she need to go to this school. What is it this school has that means they will be better placed to support her than the allocated school.

Thanks @prh47bridge. Appreciate it. I'm not feeling hopeful but just felt I needed to give it a try.

Ideally you need evidence from hcp as to why they believe this school is the most suitable. Have you thought about getting an ehcp?

As above, you would need firm evidence from a health care professional as to what her needs are and, most importantly, why you believe this school in particular is in the best position to support her, as opposed to other schools.

Are you able to give us a bit more information as to why you feel this school is the best setting for her? Basically, they have to establish whether your case is a genuine case of this school being the most suitable for your child, or whether it's simply a case of you didn't get what you wanted so you are trying to use this as a reason for why you feel your child should go there, when in fact she would be equally ok in either school in terms of her particular health needs. I'm not suggesting that you are trying to pull a fast one, but you need to be prepared to provide full evidence to back up what you're saying as the appeals panel will hear so many similar stories and claims and unfortunately many are not genuine but are simply down to personal preferences not being met, as opposed to the decision not being in the best interests of that child. Again, I'm not suggesting people make up health needs or SEN, but it is known for people to try and use their child's needs to suit their own preferences (these are cases which don't win appeal). That school is better for my SEN child because they are Ofsted rated outstanding, as opposed to the Requires Improvement school we have been given, for example would not wash. That school has disabled access, disabled parking and is all on one level, which would be far more suitable for my child who uses a walking frame, as opposed to the school we have been given which is over 2 levels with no lifts or ramps, would be considered a stronger argument (just examples, not saying either is relevant to your particular case just saying that you need firm reasons, not just a preference or gut feeling that one would be better than another).

Without an EHCP in place, naming the school in question as the best setting for your child, I'm afraid you are unlikely to win so I wouldn't get your hopes up. Wishing you all the best with it though.

To clarify, if you get an EHCP you won't need to appeal. If you have an EHCP naming a school they have to admit your child even if they are already full.

Did you mention this health condition with your application under special circumstances? Sometimes a particular health or social need can be considered as part of the application process, if it can be proved that the school you name is the only one that can provide what your child needs.

Good luck. If you’re not successful, don’t worry too much as all schools have a ‘Managing Health Needs’ policy and they will have a duty to manage her condition in school.