Secondary appeal

[BelleMarionette]

I have appealed for a school and have the hearing shortly where I have an opportunity to discuss my case.

I have already submitted written evidence.

The crux of my case is that my child has special needs, and the school I have applied for has specialist provision specific to my child's needs in an attached unit. I have applied for an EHCP, however this is pending.

Other than this, other elements of the school are particularly helpful, as of therapeutic benefit to my child, due to their special needs.

I'm not sure how to present my case or prepare, or how strong the case is.

Any advice regarding this?

It sounds to me as if you’ve already put together an arguable case. A child having a need which the preferred school is uniquely or well-placed to meet - in this instance, a dedicated unit relevant to their special needs - is exactly the sort of thing that the panel is looking for. Do you have documentary evidence of those needs and/or letters from professionals confirming that your child needs to be at this school and to have access to the unit?

Of course, much is going to depend on the strength (or not) of the school’s argument for not admitting, but (on the limited information available here) I think you’ve got a decent chance of success.

That would generally be regarded as a strong case. As to how you present it, there is no right way. If your written case says everything you want to say, you can simply say that you have nothing to add to your written case and invite questions. On the other hand, you can use the opportunity to highlight the strongest points in your case - that your child has special needs and that, although there is no EHCP in place as yet, these are the things this school provides that will be of particular benefit, explaining why they would benefit your child. The one thing you shouldn't do is simply read out your written case - the panel will have read it already, so you would be wasting everybody's time.

Thank you. Yes I have submitted reports from NHS/LEA professionals detailing my child's special needs. I didn't have a letter saying that this school would be best, as I was told that they were not allowed to write recommending schools.

I do know that this school has an extremely high number of appeals to be heard, which night also effect my chances of success, perhaps?

It's unfortunate the the EHCP process takes so long, otherwise we could have just named this school.

Where are you up to with the EHCP? Have they agreed to do a needs assessment or are you waiting on that decision?

The number of appeals might affect your chances, in that if the panel decides that the school can (say) take three more pupils, you need to convince them that your child is one of the three who will be most disadvantaged if they don’t get a place. Many of the appeals will have less substance than yours, so don’t be discouraged. Give it your best shot.

Where are you in the EHCP process? Are the LA sticking to the statutory timescales with the EHCP?

One thing to think about is whether some/all of the provision DC would benefit from are only available to pupils in the additionally resourced provision, because if they are it is unlikely DC will be able to access them without an EHCP including the ARP. Admissions to ARPs are generally only via EHCPs.

I'm sure you know this, but you will still be able to name this school when the EHCP comes through. They will then have to admit your child.

How does the unit work? Where I work, there are schools with attached units, but they only support the children in the unit. Parents often apply for the school hoping their child will benefit. There may be some benefits in terms of staff knowledge etc but they are still essentially in a mainstream classroom. It's worth being clear on the set up, so they don't argue that the unit won't be relevant. I see you have other relevant points too, which is good.

I have only recently reapplied for the EHCP, having previously applied and being told there wasn't enough evidence for them to assess. Since then I have obtained more evidence, but this takes time of course.

Thank you pH , I will name the school on the EHCP, but it will likely take some time to get the EHCP. I have learnt how slow all of these processes are.

Bending To be honest, I'm not entirely sure. The expertise would certainly be useful, as would the ability to move my child to the unit, should it be required. The mainstream school does offer some unique therapeutic provision which would be really helpful to my child as well.

The EHCP takes 20 weeks from application. Appeal if you are refused again as the majority of appeals are upheld.

If/when you get an EHCP it still may not guarantee a place in the ARP. This would need to be included in the EHCP - for most units usually in section F rather than I as most aren’t a stand alone placement.

Thank you largelego

My worry with the EHCP is that it won't be anywhere near being on time for secondary admission, and my child needs stability due to their special needs. They are already struggling a lot in terms of their emotional well-being, and transitions are particularly difficult.

Thank you for all the replies. Sadly my appeal was rejected. No reason given, but I understand the decision is final. It's difficult as her needs are complex, and the school would have been well placed to meet them. I will have to wait for the waiting list or an EHCP now, but both are likely not to be to the end of the calendar year as a minimum, and she doesn't cope well with change

0You must be given the reasons for the panel's decision. If you have just had an email with the result, you should receive a letter in a day or two setting out the reasons. If that doesn't happen or reveals issues with the way the decision was taken, you may be able to get a fresh hearing through the LGO or the ESFA.

I will have to wait for the waiting list or an EHCP now, but both are likely not to be to the end of the calendar year as a minimum

Unless you have to appeal, which I appreciate many do, if you had recently applied on 10/06 the EHCP must be finalised in October.

Thank you.

Prh I got an email with just the decision, but still no letter. I will follow it up again as it has been a considerable time since the hearing now.

Largelego I would love for it to be completed by October, but I don't have a lot of faith in that. I still haven't had a confirmation even that they will assess her.

The EHCP process is governed by statutory timescales. With a few limited exceptions the EHCP must be finalised within 20 weeks. The LA must inform you whether they are going to assess or not within 6 weeks of your application, so if you didn’t apply until around 10/6 I wouldn’t expect you to have heard yet. If the LA breach the timescales you can enforce them, via Judicial Review if necessary - although often the mere threat of it works.