Too late to appeal?

[PumpkinsandKittens]

Basically my daughter has asd and is 11 in a mainstream primary school, going forward for secondary I wanted her to go to sen secondary school which I made clear in her annual review, however the professionals involved and the senco told me they don’t agree and mainstream if fine so put that on her ehcp, at the time I didn’t know that this meant I couldn’t apply to sen schools as when it came to applying I just applied to them anyway ignoring what they had said, However I have of course now found out that she was never going to get into an sen school because the put mainstream, it came back as a mainstream school obviously but I won’t be sending her. It seems I’ve left it too late to appeal as it’s been more than two months but tbh I wasn’t going to appeal as I just feel everyone is against me and I have no support or back up to appeal given that her school don’t support me getting her into an sen school.

So what can I do now that I’ve left it too late to appeal? Or is there nothing I can do? I’ve tried to contact sendiass but they weren’t helpful. I have declined the mainstream school.

Do you mean appeal the school allocation or the school named on EHCP? Could Ipsea help? Are there any more suitable ms schools (ie that have a specialist unit) to which you could appeal? Unfortunately by declining the place there is no obligation to offer an alternative of your choice.

The school on the ehcp, I tried to contact ipsea at the time but could never get through to them, it was impossible to get an appointment so I gave up, I don’t think mainstream is right at all regardless of what school it is. I’ve already declined the place as I wasn’t willing to send her there at all.

If I understand what you have said, you wanted your child to go to a special school but the outcome of getting an EHCP was that the authorities believed that going to a mainstream school was what was best for child and that mainstreamed schools were recorded on your EHCP.
You cannot appeal to get into a special school, attendance at a special school is controlled by the LA.
If my understanding is correct the only possibility is to get the EHCP changed from naming a mainstream school to a special school. That is highly unlikely to happen quickly and is only likely to happen if attendance at the mainstream school turns into a disaster

Ok yes that is what it is,
mainstream was put on her ehcp despite me saying I wanted an sen school for her for secondary, when I applied she didn’t get into the sen schools and it came back as a mainstream in the area near our house, I don’t want to send her there so should have appealed but now I believe its been left too long as it is suppose to be within 2 months? So I’m not sure what I can do now, I should have appealed at the time but I just felt hopeless and didn’t have any fight in me to appeal

You cannot appeal to get into a special school, attendance at a special school is controlled by the LA.

Yes, you can! If parents do not agree with the placement named in section I they can appeal to SENDIST. It isn’t the same appeals process as it is for mainstream schools for those without EHCPs, but it is possible and it is the same process as that for those with EHCPs appealing for a mainstream school.

OP, following the AR when parents receive the draft parents can name their preferred placement. The draft shouldn’t have named the school or type of school. In the finalised EHCP the LA should have named your preference (with the exception of wholly independent schools) unless they could prove:

• The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

Now, you would need to ask the LA for an early review. If they agree to one and agree to amend you can name your preferred school when you get the draft. Then appeal if your preferred placement isn’t named when it is finalised, getting independent reports as evidence. If the LA refuse to amend you can also appeal. However, the LA don’t have to agree to an early review and there’s no right of appeal if they refuse, so then you would have to either request a reassessment of needs which does come with the right of appeal or wait for the AR.

You could also try asking SENDIST to accept a late application, however I don’t think they will as you don’t have a strong reason for the lateness. Also, even if an appeal was accepted today there wouldn’t be a hearing before September, parents are receiving hearing dates in end of Sept/Oct now.

Keep trying with IPSEA and also SOSSEN.