Secondary School Appeal - any advice appreciated

[Appeal1234]

Hi there. Really hoping for some welcome advice in relation to an appeal submitted on behalf of my son.
He has a learning disability. The school allocated (our 3rd choice) do not have any teachers trained or have any awareness of his LD needs (confirmed in an email) whereas the school in which I am appealing for (our first choice but was refused) does - all teachers are trained and have awareness of his specific LD and seek to implement strategies and coping mechanisms within core lessons (also have this confirmed in an email)
I have also asked the allocated School when do they think they can implement training for their staff and they cannot answer the question as to when.
No doubt they have certain parameters and budgets to adhere to and no doubt Covid has placed the senco department and what they can provide at a disadvantage.
I have a lengthy diagnostic report which confirms transitional steps for secondary school, which recommends staff should have awareness and training in this particular LD. The admission criteria states that the report should state why this school is the only school that can meet his needs. Unfortunately my expert could not commit themselves to a particular school in writing but has confirmed to me verbally that this is undoubtedly the best school to meet his needs.
I also have a letter from the GP, my son and also his primary school teacher stating why he should go to this school which specialises with his LD needs.
We are also out of catchment area, but I have in writing that children in my area do attend our preferred school.
I’ve also written a 24 para appeal document - detailing our journey on our concerns raised at such an early age, the frustration we’ve encountered and the countless tutors who’ve not been able to help us.
The preferred school is over subscribed and the PAN is set at 330 this year because of a ‘bulge year’ when the previous years it has been set at 300. There was a ‘bulge year’ some 3 years ago. I’ve asked for the PAN and actual numbers in each year group, and the proportion of appeals that were successful 3 years ago when there was a bulge year.
I’ve found out there is building work for houses approved in the area, so surely in time the PAN could increase?
Ofsted do not mention that overcrowding is a problem and despite being oversubscribed the DfES continue to publish some consistent excellent results that the school is still achieving very well.
I’ve trawled lots and lots of forums and received advice from ACE and a former headteacher who have stated that I have a pretty strong case for an appeal.
I’m currently no 21 on the waiting list.
I’d be very grateful for any advice from anyone, whether my prospects are looking reasonable and any further questions for the appeal.
Many thanks in advance and thanks for taking the time to read this post and responding to me.

It is a shame that your expert is not willing to commit themselves but the letter from the GP may well give you a good case. Some panels ignore letters from primary school teachers so it is less certain that will help, but it should do.

Catchment is irrelevant for appeal. You don't need to show that children from your area attend this school. You simply need to show that the disadvantage to your son through not attending outweighs any problems the school will face as a result. I would have a look at your appeal document with that in mind. The panel is interested in how not attending this school will affect your son, not all the details of how you got here.

Building work in the area does not necessarily mean PAN could increase. That depends on the physical capacity of the school. In any case, possible future increases in PAN are irrelevant to appeals.

Ofsted may not mention overcrowding, but the school may well still argue that. Simply saying that Ofsted haven't mentioned it won't be enough to convince the panel.

Without reading all the paperwork it is impossible to say but it sounds like you may have a good case for appeal.

It sounds like you may have a good case. Does your DC have an EHCP? Or an ILP at primary school?

Thank you so much for your comments and invaluable advice. No he doesn’t have an EHCP sadly. I really think he ought to have had one but slipped through the net. At first we were given advice that he had a huge lack of confidence in a particular area and it’s only when he got into year 5 that his teacher (also SENCO) suggested we ought to commence official testing for him. Nothing has been implemented so far because of the pandemic and they’ve only just gone back. We have done our very best for him over the years but we are getting to a point where we just can’t help him anymore.

I agree with PRH that your chances at appeal would have been better if the consultant had felt able to say that your preferred school was the correct school for your son. However you have enough information to put up the best case you can. I suspect the weakness in your case is the length of your appeal document. 24 para seems an awful lot for a panel to have to read through to establish what your appeal is. I would as PRH suggests cut down on the history and concentrate on the positive reasons for wanting this preferred school. You need to emphasise what the preferred school have said they will be able to offer. Whilst I would normally say do not in any way bash the allocated school in this particular I might make an exception if you can phrase it in terms of comparing the response of the preferred school with that of the allocated school, including the emails that you have as evidence for the comments.

It is very unfortunate that the expert will not commit anything in writing, especially when the report cost us a hefty fortune but worth it to eventually get to the bottom of things once and for all - it has been an extremely convoluted long journey but appreciate that the panel don’t need to this arduous journey we’ve been on!
Thank you for the tip on what to concentrate on. I can certainly diplomatically show the stark differences between the two schools. The allocated school have been very honest and helpful and I’m very grateful to them and their response.

Good Morning,

@prh47bridge and @admission this is the info I got back from the school today as to the PAN...

The PAN for every year group is 300. Currently we have:
Year 7 - 305
Year 8 - 333
Year 9 - 300
Year 10 - 301
Year 11 - 298.

Are there any relevant questions arising from this info other than the obvious - that the school can adequately adapt to extra students. Particularly as year 8 have 33 admitted children over the PAN? This was when the first bulge year occurred. I have also found out that in that particular year - 2 appeals were upheld.

Thank you and most grateful for your time.

The fact that Y8 is so high is clearly due to the bulge class. The fact they are over in Y7 is more useful in that regard.

Previous successful appeals don't set a precedent, so you can't rely on that to say there should be at least two successful appeals this year. However, these figures certainly suggest they can cope with going over PAN.

@prh47bridge most grateful to you and for your response.

The PAN is interesting and as you said shows they can cope with going over it.

Glad you are getting somewhere with diagnosis etc. I have two children with SEN and had to battle for EHCP and school places so I know how you feel!

I think I would strongly suggest to the primary school that he needs an ILP ASAP. This could be a good point to make at appeal. All the best!!

@Bobbybobbins thanks so much for your message. Now I have a diagnosis I can certainly be even more proactive than I have been able to! Thanks for your support and understanding. I’m so pleased to hear you have managed with your two - persistence and dedication pays off!
I will certainly suggest an ILP, but with two months left of school I’m not sure how quickly that will get implemented at primary school. Certainly will at High School..
No appeal date as yet. Still painfully waiting. I’m wondering if the admission authority will now approach the allocated school and try and sway them to write something confirming that they will implement provisions for him, which is of course against what I have in writing. I know for sure they’ve no training or knowledge in this specific area of LD and also they’ve no idea when they can implement it.
Thanks - my mind is going into overdrive - thinking of what they might come back with as part of their case or will they simply just rely on the school being full and that will be their case without needing to show anything else?

@prh47bridge and @admission - is it right that I still have not had an appeal date through yet? I have chased the school and the appeals clerk has said the clerk who arranges appeals has not emailed or telephoned her as to a date and so she has escalated it to senior leadership within the school.
Have you had any experience of this type of delay?
Thanks

If you believe he needs an EHCP then apply for one yourself. Its very simple, just let your current school know you're doing it and then email the local authority asking them to undertake a needs assessment. There are model letters on IPSEA for this. Any evidence you have will be useful for this too. If your child then gets an EHCP you will be asked to name a school. It doesn't matter if the (mainstream) school is over PAN they will be directed to admit your child with an ehcp if they are named and can meet needs. ILPs are not statutory documents, requesting one from the current school won't make a difference really for the admission this time.
The whole EHCP process takes (at least) 20 weeks but you are much better off doing it sooner rather than later.
I'm surprised that the current school have said they can't meet needs, this should fall under a schools legal obligations of reasonable endeavours. The way you have worded their response indicates that an ehcp may well be needed at secondary anyway.

In normal times, appeals must be heard within 40 school days of the deadline for lodging appeals. However, due to COVID, this has been changed to "as soon as reasonably practicable". If the deadline for appeals was at the end of April we are only around 20 school days after that date at the moment, so this is not an unreasonable delay.

I've been hearing appeals today and have more for tomorrow. Dates on those are from early to mid April so keep in touch with them but currently don't worry

@prh47bridge - please may I send you the school case to help me out with questions to prepare for at the first stage of appeal? Many thanks in advance

You certainly may

@prh47bridge - I think I have sent you a PM. Apologies I’m not the best for navigating my way around!!
Thanks so much for your help in advance

Just an update here - I won our secondary school appeal 🎉 So relieved and grateful to posters for sound advice, particularly to @prh47bridge - who has been phenomenal with all advice here on this post and behind the scenes.
Thank you 😊

Well done, I hope your son settles well into his new school and is supported to achieve all that he should.

That is amazing @Appeal1234.Congratulations!

@prh47bridge Could I PM you and bother you with some appeal issues, as well, if possible?I do not know how to tag you on a thread that I have opened. And I would very very much like your opinion on the matter, too.Thank you

You tag me the same way you did on this thread - by typing @ followed by my username. It doesn't matter that Mumsnet doesn't offer you my username as an option - that's just an autocomplete feature.

And feel free to PM me.