High school admissions

[Southallkim]

Hi all, I’m in need of some advice. I have twin boys aged 11 who are starting high school in September. One of my boys is autistic, and has an EHCP. Due to his EHCP he had early acceptance into his first choice School. I was advised that the admissions criteria for our LA prioritised siblings and would keep them together. Sadly this hasn’t happened and they’ve been placed in schools 6 miles apart. I’ve contacted the LA as I assumed this was an admin error but I’ve been told all I can do is appeal, and my son is number 42 on the waitlist for the School his brother is attending. I feel completely helpless. Has anybody experienced anything similar and could offer advice?
Thanks in advance
A very stressed Mum 😔

Did you tick the sibling link box on the form and put a comment in the box to say twin 1 already accepted?

Does the actual school admission criteria have priority for siblings?

As far as I understand it sibling criteria do not apply when one child enters a school due to it being named on an EHCP. You could appeal though.

As far as I know, the sibling link may only apply if you’ve got a sibling “already attending” the school. By that they mean a child in years 7-11. Your DT’s were both in year 6 at the time of application so I don’t think it counts.

Hopefully an expert will be along soon to advise on twin applications.

For NT children, sibling criteria normally only applies to siblings currently at the school.
I'd check the admissions criteria for the school.
Is the second twin on the waiting list?

You need to check the exact wording, but the policy will most likely say the sibling has to be "currently attending" - so that wouldn't apply in this case. Sometimes this criteria also explicitly excludes siblings who are attending thanks to an EHCP as well, but as I say I doubt the sibling criteria would come into play here.

Unfortunately there is nothing in the admissions code around the admissions of twins to secondary (there is to primary, to avoid precisely this - a twin can be deemed an "excepted" child to the normal 30 per class in reception rule).

Who told you to rely on the sibling criterion? It sounds as if they got it wrong. Do you have anything in writing? If so that will help your appeal.

An appeal would hinge on showing that the detriment to the child of not attending would be greater than the detriment to the school of admitting another pupil. Do you have any evidence around the need for your autistic child to have his brother at the same school? Normally the case would focus on the child who doesn't have a place, looking at the qualifications, opportunities, support the school would offer that he wouldn't get elsewhere, but your case is presumably going to be more around the need to have your twins together, which is going to require significant evidence.

Just checked our school for interest:

• no disclaimer about children entering on EHCP not counting for sibling link
• sibling link counts even if child not yet started at the school
• twins specifically mentioned as OK to go over PAN

Thanks for all the fantastic replies. It was the L.A. that advised that siblings would take priority, however this was done verbally so I have no evidence. Our senco is in the process of updating our sons ehcp to say that his brother is a help in School and it’s detrimental to separate them. The criteria does say priority goes to older siblings attending the school so I guess that gives them a loophole. I’ve asked the council for reasoning but they can’t give me an answer. The second twin is on the waiting list, but he’s number 42, so I can’t rely on that.

I did explain the situation when I filled in the application forms for the NT twin, but that’s either been overlooked or ignored.

Although once he starts in September and if your dc with the EHCP is the oldest then there will be an older sibling in the school. There is still movement sometimes into September so it might still work out ok.

Which LA are we talking about here? If you don't want to post this information publicly feel free to PM me. It might also be useful to know which school this is. I would like to take a look at the exact wording of the sibling policy.

If you can show that you were incorrectly advised by the LA or that they haven't followed their sibling policy correctly this will be a very strong appeal.

I’ve messaged you privately. Thank you

Ok, having taken a look at the admission criteria they seem pretty clear, unfortunately. Priority is given by having an older sibling at the school who will still be attending when the younger child is admitted. So even if the twin with an EHCP is the older twin he cannot give priority to his brother. It would be interesting to see what happens in September. Given the wording of the policy, if he is the older twin, the younger twin should then get priority and go up the waiting list. If he is the younger twin it shouldn't make any difference to the waiting list. I strongly suspect that the school get this wrong one way or another when dealing with twins - either giving priority when the younger twin has been admitted or failing to give priority when the older twin has been admitted. Unfortunately none of that helps you at the moment but it may be worth asking them what will happen in September.

They have followed the sibling policy correctly so your next best shot is to show that you were incorrectly advised by the LA. As this is a community school the school and LA can't pass the buck on this one. I agree with tiggytape that you should email the LA including any details you can remember about the conversation. They may simply deny that the conversation ever took place but you never know. They may have a recording of the call.

If all else fails you can still build a case around the EHCP if it is updated by the Senco as you suggest. Even if it isn't, a letter from the Senco saying that the twins need to be together would help. You should also get any other evidence you can that the twins need to be together. I would also look at what this school offers that is missing from the allocated school and that is particularly relevant to your son (the one who wasn't admitted) and include that in the case.

Thanks again for all the responses, I really appreciate it. Kim

Thank you so much for looking into it. I have the full support of the school senco (both current school and the one my autistic son will be attending) so I’m hoping that will add some weight. The twin with the ehcp is the older twin, so if all else fails I’ll send them separate then ask for my NT to be moved. I should also mention that there School are 6 miles apart so it will be interesting to see how they expect me to get them both to and from School on time.
Thanks again

Mention that by all means but don't spend much time on it. Transport and childcare issues don't generally win appeals. An appeal panel should not give you a place just because the schools are miles apart.

Ok, thanks. Just gives me an extra point to make.

"I should also mention that there School are 6 miles apart so it will be interesting to see how they expect me to get them both to and from School on time."

They don't - they expect secondary school child to get themselves to and from school, I'm afraid. Of course your eldest may not be capable of doing that, but his twin will be expected to - so as prh says, it's not really going to help. Just a line or comment is fine but the expectation will be that you won't have to do the run.

Op you should contact TAMBA. Even if you are not a member they will help you appeal this.
Good luck!

Thank you, somebody else mentioned tamba. In response to the other twin getting himself to school, he is also sen registered and is not mature enough to lock up the house and walk to school alone.

In that case you might be able to use the transport issue. That gives you an argument that they need to be at the same school because neither is capable of getting to school alone and you cannot get them to and from schools 6 miles apart. I wouldn't necessarily think it is your strongest argument - the appeal panel may think you should get someone else to take one of them. But it may fly. Make sure it is about them, not about how inconvenient it is for you.

I’ve already asked the school to write a letter supporting the difficulties the other twin has, so everything on the appeal will be strictly about them. They are also in the process of amending the ehcp to state that he has support from his twin to help with his independence. Fingers crossed this helps the appeal. Thanks again for the advice