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Secondary education

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Original poster

Ehcp child refused first choice

65 replies

Aya1979 · 07/03/2023 11:41

Hi,

My son has been refused his first choice school and offered his second and only other choice. The problem is I know this school cannot meet his needs because I have had 2 older children go there and we had a very difficult time there. My children not supported in that schl snd we are still traumatised by the lack of support especially in my older son's mental health.

My son's first choice school is where all his friends are going including anither sen child that my son is very attached to. They've both been quite distraught about not going to the same school.

I do want to appeal the decision but I'm not sure if it will be worth getting his hopes up.

Please help!

OP posts:
PanelChair · 07/03/2023 11:43

I don’t understand. What does his EHCP say is a suitable placement?

Lougle · 07/03/2023 11:44

You should have been asked to name a school and have that confirmed in February. Why were you using the normal school application process?

Original poster
Aya1979 · 07/03/2023 11:50

I am new to the ehcp process. They never sent me any letters or anything to suggest the process was different to the usual way of applying. I literally had to phone up last week because I was waiting to find out the same way as everyone else.

I applied back in May last year by filling in a form and emailing it to the sen team. Now I'being to should have recieved a letter in February.
Now I'm being told both schools were consulted and his first choice was refused. So why didn't I get a letter?
Even last year I called a few times because I was surprised about the lack of correspondence.

OP posts:
Sirzy · 07/03/2023 11:52

Does he actually have an ehcp in place or have you just applied for one?

Original poster
Aya1979 · 07/03/2023 11:52

Can I appeal on the basis of lack of clear instructions? I'm so confused right now. I sent the school form in last April and never got any letters about what to do.

OP posts:
Original poster
Aya1979 · 07/03/2023 11:53

He had one in place before we applied.

OP posts:
Soontobe60 · 07/03/2023 11:54

You need to speak to the Senco asap, and the Sen team as well as school admissions. Ask for a face to face meeting with them all. Someone has screwed up big time!

Original poster
Aya1979 · 07/03/2023 11:59

The sen keyworker is refusing to even add him to the school's waiting list whilst I appeal. Who do I call to complain?

Everywhere I call I'm being told "his chosen school can't meet his needs, you just have to accept it." And "that school is extremely oversubscribed".

OP posts:
Lougle · 07/03/2023 12:00

You need to find out why school 1 turned down the place. The Johnny acceptable reasons are:

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

Any other reasons are completely against the SEN Code of Conduct.

You can appeal and would win if those criteria aren't met.

Cornelious2011 · 07/03/2023 12:00

Did the SEN team apply for the school or did you apply through normal admissions? Schools can refuse a place even with a child with an EHCP, but they would need to have very good reasons, especially if his EHCP names a mainstream provision. Ask the SEN team for the reasons they gave.

Cornelious2011 · 07/03/2023 12:02

You will have to wait until the LA issues the final plan (ask them to do this asap if it hasn't been done). Then you can lodge an appeal through the SEN team.

MelchiorsMistress · 07/03/2023 12:03

Why are they saying the other school can’t meet his needs? They must have a reason if they’ve been questioned and that’s the answer.

You can appeal if you have valid reason to believe that the first choice school can meet your child’s needs and the other can’t, but you’ll need to find evidence. I wouldn’t worry about getting his hopes up, just don’t tell him if you appeal.

SheilaFentiman · 07/03/2023 12:03

Which council/borough are you in? It may be that the waiting list is administered centrally and not by the school?

Lougle · 07/03/2023 12:05

They have to set out their reasons so you can appeal. Being oversubscribed is not a reason because your DS should have been allocated a place at the top of the list because he has an EHCP.

Lougle · 07/03/2023 12:06

MelchiorsMistress · 07/03/2023 12:03

Why are they saying the other school can’t meet his needs? They must have a reason if they’ve been questioned and that’s the answer.

You can appeal if you have valid reason to believe that the first choice school can meet your child’s needs and the other can’t, but you’ll need to find evidence. I wouldn’t worry about getting his hopes up, just don’t tell him if you appeal.

This is not true. In the case of an EHCP holder, it is for the Local Authority to prove that his needs can't be met at the preferred school, not for the EHCP holder to prove that they can only be met at the preferred school.

Lougle · 07/03/2023 12:07

SheilaFentiman · 07/03/2023 12:03

Which council/borough are you in? It may be that the waiting list is administered centrally and not by the school?

He shouldn't be on a waitlist. He should have been admitted, unless the LA can prove that his needs can not be met at the school.

Ilovetocrochet · 07/03/2023 12:07

I recently retired as SENCO at a large Secondary school and the admissions process was totally different for children with an EHCP. Parents did not apply for a school through the normal admissions process, there was no deadline.

We received the paperwork for consultation of children with an EHCP at random times during the year, often in May and June when the Y6 reviews were taking place. Ideally at this stage if parents were considering my school, I was invited to attend these reviews, in fact I often attended year 5 reviews as well to help with transition.

We then had to respond agreeing to the placement or refusing it if we felt we could not meet the child’s needs - very difficult to refuse though if a mainstream school was appropriate. The LA would approach several schools ( I think 3) without schools knowing if we were the preferred school.

We were also consulted when an EHCP was being finalised if a main stream school was the decision made and parents were considering my school.

So I suggest you speak to the school SENCO and the LA to arrange a review so that this consultation process can take place. It’s very early in the school year for EHCP places to be finalised.

Apologies if you have been through this consultation process as I appreciate that things might have changed since I retired but I’m sure that parental choice is still paramount but sometimes the opinions of the professionals involved can differ which might affect the schools final position.

Jaxx · 07/03/2023 12:07

Some IPSEA info here

You will definitely be able to appeal. Good luck.

FloatingBean · 07/03/2023 12:08

Do you have a finalised amended EHCP?

If you do you should appeal now, ASAP. Don’t bother with mediation, just get the certificate and submit to SENDIST.

If you don’t have a finalised EHCP you don’t yet have the right of appeal and need to email the LA’s Director of Children’s Services reminding them they must finalise secondary phase transfer EHCPs by 15th February and if they do not finalise ASAP you will pursue judicial review proceedings as they are frustrating your right of appeal. If the email fails contact SOSSEN for help with a pre-action letter.

JJ8765 · 07/03/2023 12:10

Ask for a copy of your file to check they did consult the first school and got a reply. Has council issued a new EHC plan naming the school for sept? If so appeal. If not insist they issue amended plan
asap so you can appeal to tribunal. The tribunal is fast tracking secondary transfer cases. Contact IPSEA for free advice.

FloatingBean · 07/03/2023 12:10

It’s very early in the school year for EHCP places to be finalised.

No it’s not. Phase transfer EHCPs must be finalised by 15th February.

PanelChair · 07/03/2023 12:11

The usual route is for an ECHP to name a suitable school and for the child to be placed in that school, independently of the school admission process. As Lougle says, you therefore need to find out quickly why (it seems) the school is unwilling to accept your child. Perhaps the SENCO at your primary school can help here.

eatdrinkandbemerry · 07/03/2023 12:11

At his last annual review it should have been sorted about what school you were naming!
Honestly it's hard for the first choice school to get out of having your child so get on to his caseworker straight away and they have to sort it.

prh47bridge · 07/03/2023 12:12

As others have said, your son shouldn't need to go through the normal admissions process if he has an EHCP. You should be asked which school you want named on the EHCP. Once the school you want is named, they have to admit him regardless of how oversubscribed they are.

There are only limited grounds on which the LA can refuse to name the school you want on the EHCP. Lougle has set them out above. It sounds like the school is trying to argue that they are unsuitable for his needs. You can appeal this, but not via a normal admissions appeal. You need to take this to the SEND tribunal.

FloatingBean · 07/03/2023 12:15

It’s also worth pointing out unless the school is wholly independent the LA can name the school even if the school objects and the LA must name them unless the LA can prove one of the reasons Lougle posted above.

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