Appeal advice

[funinthesun19]

My DS got a place at his first choice of school, but now I deeply regret picking this school for him as his second choice will be much better for him.
He has SEN and suspected autism. Struggles very much socially and emotionally. I have tried twice to get him diagnosed but no luck, therefore he doesn’t have an EHCP.
The school he has got a place at is massive and now I’m panicking worrying about how he will cope. I chose it for him due to it being closest and therefore an easier walking distance for him without the daunting experience of school buses which I know he will absolutely hate.
But, the second choice school itself is better. It’s smaller and not that much further away - probably another 10 minutes walking distance. I feel like he would be much more comfortable there.

Just to add if relevant, his younger brother also has SEN and he does have a diagnosis of autism and an EHCP. I want to choose the school further away for him for the exact same reason I was DS1 to go to that school. Is there some way this can be used as reason for my appeal, so siblings will go to the same school? I know DS2 having an EHCP means he’s in a very strong position to go to his chosen school.

What are my chances here if I appeal?

Appeals are for when you didn't get the school you wanted and/or a mistake was made in the process....you got your first choice school - there are no grounds for appeal??

You CAN appeal a place at your second choice (and go on the waiting list obviously). You will have to explain why you have changes your mind though.

You will need reasons why your preferred school is most suitable for DC1. Information about DC2 won't be relevant. They don't generally consider siblings needing to be together a good reason, let alone when he is not even at the school yet. You need to focus on other factors like size, SEN provision, specific subjects or clubs offered.

You are 5 months on from application, so obviously as time has gone on it has become more and more clear to you that DS will struggle in the larger school.
Additionally the smaller school offers the following which will help your DS that the offered school doesn't e.g.

• a social skills group (which he needs)
• lego club (which he finds calming)
• electronics GCSE (he does electronics as a hobby and is v. good at it)

That said, is it not possible there may be more similar children at the larger school?

At the school I’d like him to go to, there is a lot more there that would keep his spirits up and keep him interested. He has a history of not enjoying school and being distressed about going there.
This school offers more science and technology opportunities and has a huge unit geared towards that. There are clubs he can go to too. He finds stuff like that really interesting so I know that would be a huge positive for him.
The one he has a place at is very performing arts orientated and at first I thought this might be good for him as it might bring him out of his shell a bit, but as time has gone on I know he will hate it. That won’t help his emotions in any way whatsoever.
In the school I want him to go to, they have a centre where children with SEN can go to retreat, develop their social skills and talk to staff about their feelings and what they’re finding difficult. They also have intervention groups.

And as I said before, this school is also a lot smaller which before you even factor in anything else, would be a huge positive for him. Even at his primary school, he needs quiet time with nobody else around and goes to spend time with a support teacher and maybe one other child.

I’m not sure why you didn’t put the second place school first initially? What does your DS think? Is he happy to be going to the school he’s down for? That should be the overarching reason, because if you start trying to change things now and he’s not happy to move you’re setting him up for a miserable time.
Your DS2s SEN has no part to play in an appeal.

I didn’t put it first because I was scared about him not getting a school place nearby (which is really important for him) if I didn’t put the nearest first. I was worried that he wouldn’t get a place in the second one if I put it first, then wouldn’t get a place in the one he’s going to because I didn’t put it first and places would be gone, and would end up being placed in a certain school that I really did not want him to go to (bad reputation for bullying) I’ve since realised that this doesn’t matter and I’ve majorly fucked up, and I could have put the second one first without him being at risk. I should have done my research first.
DS seemed more keen on the second choice school when we went to visit.

I’m so fed up.

Hi, slightly different but we got our 2nd choice (we are appealing for first choice), HOWEVER, we actually feel that our 3rd or 4th choice would be better for our DD so we contacted the school admissions at the council. We had to fill in a Lower preference form and are now on the waiting list for 3rd and 4th choice. We were also told that it may be possible to appeal for lower preference in certain circumstances but we are appealing for choice 1 so we haven't got further info on that.

I'm also feeling so guilty that I put choice 2 above 3 & 4 BUT I've realised I can't do anything about that now and I'm just throwing myself into trying to rectify it.

I would suggest contacting the school admissions or even the school in question and explaining the circumstances. You've got some time before things are set in stone I think x

Ask to go on the waiting list for your lower preference. You can then also appeal it, as others have said.

I think it’s probably more common than people realise to end up appealing lower preferences as people have changed their minds since applications.

I can’t help further with appeals information, but you don’t need a diagnosis in order to get an EHCP. They are based on needs not diagnosis. You can apply for one yourself, IPSEA have a model letter you can use.

Unfortunately, you misunderstood how admissions work. You wouldn't have missed out at a place in your nearest school just because you had made it your second choice. However, no use in crying over spilt milk.

You need to apply for a place at the school you want. That will get you on the waiting list and allow you to appeal. Your chances depend on the strength of the school's case to refuse admission and the strength of the case you put together. If you can get professional evidence saying that, in their opinion, your son needs to go to this school, you will have a strong appeal. You still have a chance of success even if you can't get that evidence, but your case will be stronger if you can.

Thankfully, posters who have said you have no grounds for appeal because you got your first choice, and that your DS's SEN play no part in an appeal are wrong. It's also wrong that your DS doesn't have an EHCP because he doesn't have a diagnosis, by the way - they are needs based and no diagnosis is needed.

Get your DS on the waiting list for school 2. Find out where he is on the waiting list (presuming they are full).

Look in detail at all the areas of the school that will benefit your DS. If you can get a summary of all the support that your DS currently receives from the SENCO, that will be really helpful. If you can get a letter from a professional, that will also help.

THIS THREAD IS FROM 2022

Oh so it is! I hope the OP got her place.