secondary appeals?????

[kidsrus3]

my ds has been refused school place for not meeting criterea however he was diagnosed in december with dyspraxia and learning difficulties after school forms were sent in.
however the school we applied for is on another borough to me as i live on the border it is the same distance to me as school they offered. this school is not acceptable as they dont have the provision for him
but if i decline the place and lose on the appeal which im told is a strong possiblity then which borough do i have to pick
can someone tell me please????

Don't decline the place you've been offered. Yu need to accept it and appeal for the other at the same time. Accepting one place won't make a difference to your chance of a successful appeal.

My understanding is that if the school you are appealing was higher on your list, you don't have to give up the place you have been offered. So accept it, and then appeal the other place.

Your appeal needs to be based on the reasons why your ds would be better served at this school, than other schools. In your case, I'm guessing this would be SEN provision. So, it sounds like you have good evidence for this. Will the head of your DS's primary school assist with providing evidence?

What criterion did he not meet? Was it a selective school?

Incidentally, you can't be discriminated on because you live in an adjacent borough. It is distance from the school that is relevant.

I also understand that if you win an appeal the school must take him. He cannot be turned down because the school is already oversubscribed.

Accept whatever place you have been offered (or you could get no place at all). Then make sure you are on the waiting list of any suitable schools. Distance from school is not always the main admission criteria, so you need to know what these are.

If you win the appeal the school has to take your son, however the fact that the school is full is taken into account as part of the appeal. You have to show that the disadvantage to your son not going to this school is greater than the disadvantage to pupils at the school of having one more pupil in the class.
However if you are arguing on the grounds of Dyspraxia and learning difficulties, if you don't have a statement you need to show that this school will meet your sons needs and why. Most State schools should be able to cope with pupils with common SEN, so this is where you need to do your homework and be able to argue your case.

I agree that you should accept the offered place. You do not have to give it up in order to appeal. If you do give it up the LA is under no obligation to find another place for your son. I would also start looking for other schools in the area that can cater for your son, regardless of whether they are in your borough or another borough. You need a backup plan in case your appeal fails.

I agree with everything mummytime has said. I would add that, as your son presumably doesn't have a statement, it will strengthen your case if you can get a letter from an expert such as your GP saying that your son needs the provision this school provides. The letter needs to be clear that it is the expert's opinion that this provision is needed. If they are simply reflecting your opinion it won't help you.

I was in the same position this time last year, my DS had a dx of ASD after the applications were sent in and I appealed and was successful.

You need to base your appeal on why the school you have chosen is right for your child not what is wrong with the one allocated. I got reports from just about everybody involved in my DS's life to back up why he needed the support of the school I had chosen including reports from CAHMS, head teacher at primary, football & rugby coaches, scout master etc just outlining how the aspects of having asd effected him and the allowances they made for him etc.

Look at the school prospectus and use points from that to strengthen your case for example we used the fact the school promoted a high level of pastorial care, it was something we really felt DS needed that other schools might not have been able to provide.

I also contacted the parent partnership for advice and they were really helpful in advising me what to base my appeal on.

HTH

Lots of good advice here already, especially from prh47bridge and joencaitlinsmum.

You need to provide string evidence from third parties - not just your own views - of what your son's additional needs are and why the preferred school will be better at meeting them. The panel might decide to refer the case to your LEA's medical/social panel (which decides whether applications should be placed in the higher med/soc priority group) but as the most that the med/soc panel can do, in effect, is move your son higher up the waiting list, it is worth persevering with the appeal.

You also need a back-up plan, which means looking for other schools in either LEA and joining waiting lists.

Oops. Strong evidence, obviously.

thanxs for all the points xx unfortunatly i can not accept the place that has been allocated because this would involve him using public transport unaided because he has siblings that i have to take to school so this would be an irisponsible and a dangerous mistake to make as he does not have the mental age of an 11yr old.
however are currently looking into the other local schools to see if i can put him on the waiting lists a backup plan definatly needed dont like idea of home schooling.
ds is not currently statemented because we are still waiting for some proffesionals to asses him and statementing takes 26weeks this wouldnt be in place for secondary anyway. thanxs joencaitlinsmom will look into getting some reports.
thanxs agin xx

Given your son's condition the LA may have to provide appropriate free transport to the allocated school, which probably means a taxi or a minibus so that he does not have to use public transport. You should contact the LA to discuss this. Again, evidence of your son's difficulties from an expert will help. I would therefore still accept the place offered for the moment. That doesn't commit you to taking the place. You can still reject it later.

prh47bridge I was looking forward to providing string evidence - maybe a mass knit-in at the appeal panel?

Use the fact your son is unable to use public transport in your appeal outline the benefits to him of being closer to home, less anxiety to him which would aid his progression and enable him to fulfill his potential etc.

How about friendship bonds he has made at primary and the importance of maintaining continuity for him.

If you want to provide me with your email address I am more than happy to email you a copy of the appeal I sent for my son so you can get the general idea.

HTH

hackneyLass -

thanxs all ideas are very much appreciated xx