Secondary Appeal

[DeathStarCanteen]

Hi, hoping for a bit of advice.

DD didn’t get her first choice of secondary school. I chose this school because of its SEN policy and extracurricular activities for SEN pupils. She isn’t statemented but does have a pretty robust IEP that stipulates the interventions she receives in school (she is also seen by SALT). Her needs are speech and language/communication related. And the support that she receives now is quite similar to the support that the school I’m appealing for can provide.

I’ve spoken with the allocated school who have pretty much said that she won’t get the same level of support that she is getting now purely because there isn’t the capacity for it at secondary level.

She’s on the waiting list however it’s random allocation and on average only 1-2 places are usually declined so not much chance with that! Hence the appeal. It seems the right route to go any way given the circumstances.

I just need a bit of help! I’ve spoken with the SENCO, SALT and pastoral support (she receives support from them for confidence building in using her voice) who can provide reports, I just want to know that I’m on the right track with the content of the appeal really.

Also, am I flogging a dead horse? I really hope not. Bloody random allocation!!! We live right next door too.

Thanks in advance!

I think you’ve got a very good chance.
-The school you want can provide what your DD needs, whereas the other school can’t.
-You have lots of professional back up.
-You live very close by.

Those are all very strong points in your DD’s favour. I really don’t think you’re flogging a dead horse.
Good luck!

Obviously (and as always) much will depend on the strength (or not) of the school’s argument for not admitting, but I think you’ve potentially got a strong argument here and are on the right track.

Make sure that the letters from professionals say clearly that, in their opinion, your child needs a place in this school. As you’ve spoken to the allocated school, follow that up with an email asking them to confirm what they told you about not being able to meet your child’s needs. That will then be additional evidence for your appeal.

To further strengthen your appeal, look for any other aspects of the preferred school - curriculum, extra-curricular activities, pastoral care etc - which will suit your child and aren’t available elsewhere.

Thank you. I’ve spent the last couple of weeks living and breathing this process and don’t have any friends/family around to talk it through with… just worried that I am not looking at things correctly/rationally!

Just to expand a little … you’ve already mentioned the extra-curricular activities and pastoral support linked to SEN, but don’t overlook any others that might also be relevant (such as orchestras for a child interested in music etc).

It would be stronger if you applied for an EHCP than letters etc. In the meantime have you spoken to allocated school about any support they may offer.

An EHCP naming the school would certainly help, but would probably take longer than the appeal. It might be worth doing both in tandem.

Fantastic, thank you panelchair.

The school is oversubscribed as it is every year, however, looking at the data 15% of appeals (give or take) are upheld. Exam results are well above local average and the school is rated outstanding so I guess it could be argued that the school can cope with admitting past its PAN and provide efficient education to its pupils despite increased numbers.

Yes, have looked in depth at the pastoral support/extra curricular activities and will absolutely be mentioning how these suit DD. They are not available in any other state school in the County.

I’ll email the allocated school this afternoon asking them to confirm what was said at the meeting.

Thanks again!

Don’t get too carried away by the number of successful appeals, as each one is determined on its own facts and isn’t a precedent for future appeals. What you could do, however, is ask the preferred school for actual numbers in each year group. If numbers are above PAN, that supports your argument that the school could admit your child as an additional pupil; they’ve found ways to manage with additional pupils in the past and could do so again.

Don’t stray into Ofsted ratings or exam results. The objections schools usually raise are about places in science labs or overcrowding in corridors or cafeterias etc. If they raise this at the appeal, you could ask whether there’s ever actually been (say) an accident in the corridor which could realistically be attributed to the presence of additional pupils. The likelihood is very small.

They’ve provided me with the numbers of each year group and they are all well above PAN.

Right, yes that makes sense. I’ll wait to see what their argument is. It’ll be sent out in a few weeks.

I haven’t applied for an EHCP as I felt her needs were being met at Primary level with the support that’s already in place. I’d hate for the panel/school to think I’m being deceitful and asking for an EHCP purely on the basis that it will influence the appeal iyswim?

I don’t think the panel will think that (although of course I can’t know). Your explanation of not having sought an EHCP until now sounds reasonable to me. Besides, the point of seeking an EHCP isn’t that it might influence the panel - the panel can’t assume that it will be granted - but, if it is granted and names the school, the school has to make a place available.

"I’ve spoken with the allocated school who have pretty much said that she won’t get the same level of support that she is getting now purely because there isn’t the capacity for it at secondary level."#

Have you spoken to the preferred school about what they would provide in practice? Ideally in writing (email) for example.

My concern would be that if you are looking at their website, for example, and relying on that, you risk them saying at panel that that isn't practical right now/services are overwhelmed because of Covid/those extracurricular are no longer running etc and the support wouldn't be there in reality either.

Hi Patricia, thanks for your input.

Yes I spoke with the SENCo at the preferred school; it was over the phone but she was quite helpful and did say to make contact with any other questions.

@LIZS

It would be stronger if you applied for an EHCP than letters etc. In the meantime have you spoken to allocated school about any support they may offer.

Thank you for your input LIZS. Am I right in saying that an EHC assessment can only be requested by the school? I’ve had a look at the LA website and that’s what it appears to suggest

No it can be initiated by parents although you may need input from school and other professional for evidence.

Great, thank you will re-read!

You can request an EHCNA yourself, IPSEA have a model letter you can use on their website. If you don’t have to appeal there will just about be enough time to secure one for September as the process takes 20 weeks. However, if you have to appeal, as many parents do, at any point there won’t be enough time.

In future follow up verbal conversations with emails so you have a paper trail as evidence.

@Imitatingdory

You can request an EHCNA yourself, IPSEA have a model letter you can use on their website. If you don’t have to appeal there will just about be enough time to secure one for September as the process takes 20 weeks. However, if you have to appeal, as many parents do, at any point there won’t be enough time.

In future follow up verbal conversations with emails so you have a paper trail as evidence.

Thanks for this. I’ve had a look at the IPSEA website and have contacted the EHC team at my LA

Yes you’re absolutely right. Hindsight is a wonderful thing! I will contact via email for a paper trail from now on.

Can anyone advise: she does have a few health issues. They are well-managed but quite complex. Its not asthma/allergies. Is it worth mentioning them? I don’t think that it would make a difference to the appeal but just wanted to highlight that bless her, she has quite a lot of things going on in her life.

It’s like finding a balance of “yes she has needs” but not turning into a sympathy-fest! I can’t imagine they’d look on that favourably.

Depending on what they are (no need to say here) the complex health needs may be relevant to and add weight to the EHCP. They won’t, though, add any weight to your case at appeal unless you can show that the preferred school can cater for those needs in a way that other schools can’t; otherwise both the LEA and the panel are likely to take the view that all schools are able to support pupils with a range of health needs.

It’s a general rule that appeals focus on the child’s needs and how the preferred school can meet them (and whether the child’s need for a place outweighs the school’s need to keep to PAN). The panel can’t consider whether the child “deserves” a place because of other things going on in their life.

Thank you @PanelChair :)

Yes mention health issues so being able to easily get to and from school is relevant.
You have good grounds
Focus on what the preferred school offers

Thank you, @Embracelife :)