Secondary appeal

[hibbledibble]

I'm considering whether it is worth appealing for my child for secondary (year 7 admission)

They have diagnosed special needs, and the school I placed as first choice has specialist provision for this. I had applied for an EHCP, but I don't have one yet, so couldn't get into that school via the EHCP route. She may get an EHCP, but it is likely to take some time, and be after she starts secondary. Due to her needs, I would rather she starts at the most suitable school to start with, as she finds change very difficult and struggles with anxiety.

The school also offers other provision that would benefit her, including the sports provision and therapeutic extracurricular activities. She has friends going to this school, but none to the allocated school.

We only applied based on distance, and didn't get a place. From what I can gather, this is correct.

The school doesn't have provision for admission for medical or social need in the admissions policy.

Is there any chance of a successful appeal based on the above, or should I not bother?

I think those are reasonable reasons for appeal and it would be worth you doing it. You have clear reasons why what your preferred school offers would benefit your DD. Do you have any professionals involved who would write a letter to say that DD would benefit from specific provisions?

Have you spoken to the SENCO at your first choice to be sure she's eligible for that provision without an EHCP?
It's worth appealing but remember to link elements of the provision to her SEN and don't assume the panel will have any knowledge of your dd's SEN. You will need to spell out why she needs it and what the effects of not having it will be.

Do you have evidence DD’s needs will be better met in the school? Don’t base your appeal on friendship, it is rarely successful.

She may get an EHCP, but it is likely to take some time, and be after she starts secondary.

When did you apply for an EHCP? Unless you have to appeal the process should take a maximum of 20 weeks. If the LA aren’t sticking to the statutory timescales complain, if they still don’t stick to them threaten to begin Judicial Review proceedings.

If it is an ARP then even if your appeal is successful it is unlikely DD will get an ARP place without an EHCP.

Thank you for all the replies.

We have only recently applied for an EHCP.

She is involved with various professionals who could write letters. It's a mainstream school with a side by side specialist provision if that makes sense, so she is eligible without an EHCP.

Friendship is a minor point in this, it's mainly about SEN.

The letters need to say “in my opinion X needs to attend Y because…” rather than “mum tells me she feels X would be better attending Y”.

If you successfully secure a place via appeal it is likely DD will get a mainstream place. It is highly unlikely DD will get a specialist place without an EHCP even if it is side by side.

Make sure the LA inform you whether they are going to assess or not within 6 weeks, and appeal if they refuse. The vast majority of refusal to assess appeals are upheld.

If you can get professional evidence to back up your view that this is the right school for your daughter you will have a strong case for appeal. That doesn't guarantee a win but you will have a decent chance. Go for it.