Secondary appeal for SEN child

[Swim23]

Hi, I'm hoping some panel experts can help me before I submit our secondary appeal. We got our 4th choice of school and want to appeal to the 1st choice.

We have an autistic child, who is academically bright, well supported in primary and without an EHCP. However, they still have specific needs which are going to affect them going into secondary.

I have lots of evidence of SEN plans, supporting letter from Senco, ASD outreach team, diagnosis letter from child psychologist, DLA application. I also have details confirming 1st preference school meets updated auditory regulations due to being a new build (4th choice is a grade 2 listed building with high ceilings etc), travel maps etc. I do not have an EP report, or GP report as everything to date has been managed through the Senco. I understand that schools have less weight than medical professionals, even though they have worked closely with my child for 7 years.

Our child lacks independence, judgement and has sensitivity to noise issues, so busy and noisy environments cause stress, anxiety and can lead to dis-regulated behaviour. For our child, getting a public bus to school (approx 30-40 mins) away, is going to be a challenge due to challenges with executive functioning, anxiety and noise sensitivity, plus not knowing anyone else going there. However, they could walk with me to the 1st choice school. The school we want has 60% less pupils and is in a single building, which aids transition, reduces noise stress etc. It also has toilets close to staff offices with enlarged WC which are needed due to sensory needs. The school we want also has a very strong focus on STEM subjects, which is our child's strong point.

I am concerned, that without an EP or GP letter, we will lose the appeal, despite the evidence we have from school. I know that transport, friendships, lack of independence, anxiety are all common themes which fail to win appeals. In our childs case, being autistic does have significant impact on their ability to cope with change and we feel they will be disadvantaged by not going to the 1st choice school.

Is there anything I can do to bolster the case? Thanks for any advice.

@admission and @prh47bridge and @panelchair I have seen you comment on other appeal threads and would be grateful if you have any advice. Thanks

Do you have medical evidence of the audiology issues? That would help to evidence your case for the school building being more appropriate.

@Lougle thanks for the reply. I have evidence from the ASD diagnosis of sensory processing difficulties relating to noise but not from a GP. Our child wore ear defenders in class until year 4 which school can confirm, but then became too self conscious, we have tried other low profile options but they have not worked. Our child will not go to whole school events when they are too loud (e.g the panto which comes to school at christmas).

I think you’re right to say this is going to be harder without evidence from a paediatrician or other health care professional. As Lougle says, evidence around the audiology issues would be helpful.

Overall, the difficulty for you here is that autism is not a rare condition, the school is likely to argue that all schools can support pupils with autism and the panel might agree. None of the arguments you outline here are very strong on their own, but much will depend on how strong a case the school presents for not admitting; if the school’s case is weak, several not very strong arguments taken together may be enough to overcome it.

Try to bolster your arguments by (for example) highlighting why the STEM offer is better at this school and why your child will be disadvantaged if they don’t have a place (because they’re already a member of a science club or whatever). Try also to identify weaknesses in the school’s case (such as being over PAN in other year groups, which suggests they can manage with additional pupils).

We successfully went to appeal last year! 😁

My advice is to remember the panel are human beings. Play to their emotions. Write down everything you’ve talked about above.
I don’t know whether it applies to you but I mentioned effects to his sister as well, in that it allowed her to have a more normal life (not acting as a carer on the bus). I emphasised safety issues using the bus and walking to and from the bus. Although I did have medical letters backing this I felt that the connection I made with them in the meeting and the sympathy they felt for the issues from my point of view was the most important thing.

"My advice is to remember the panel are human beings. Play to their emotions."

This is not good advice. The panel are expected to objectively assess the strength of the cases by the LA and the parent. Emotions shouldn't play any part. In most cases, trying to play to the emotions of a panel will work against you.

Agree with @PanelChair and @Lougle. Unless you have good medical evidence, your child's difficulties are unlikely to be enough to win an appeal unless the school's case to refuse admission is weak. However, you can use the STEM subjects to bolster your appeal.

We were in a similar situation. We had a lot of points and evidence, including a letter from the paediatrician who'd diagnosed her. The point that appeared to seal it (according to the verdict letter) was that her reaction to a known physical issue at the school presented a very real Health and Safety issue to her and other children. The LA rep confirmed it was a known issue.
It's worth a go. Fix on things they can't dispute. Get the school map, clubs, list of options and go through them. Good luck.

Thank you for the comments. The only thing I can think to do is contact the clinical psychologist who did the ASD diagnosis and ask for an updated assessment of my child's needs. Would this provide the kind of evidence needed?

The school we want is very over subscribed, they've had over 20 appeals each year with only 1 accepted per year. I expect their case to be strong, although they have gone over PAN on occasion.

I just feel so sad and frustrated that years of SEN plans, interventions and documented challenges don't count for anything without an EP report. I know autism isn't rare, and that all schools will have Senco support, but the environment & travel do have a huge impact on kids with social/communication challenges and sensory needs. I know as a parent the daily struggles my child has and the impact on their behaviour in busy environments. I can't even get them to meet me outside the school gates, let alone get on a bus by themselves for 30 mins. I guess all we can do is try.

Can I ask what medical letters you had to confirm the safety issues with getting the bus etc please? I don't quite know who to talk to about this, as it sits outside of school, although they are very aware of challenges with sensory needs, social/communication etc. My child receives DLA for mobility as well as care, but again I don't think this counts as evidence of need.

I presume the fact that my child receives DLA for mobility (due to safety of walking independently) doesn't count as evidence either as it hasn't come from a medical professional?

Does the ASD assessment (2019) which details noise sensitivity and challenges at school in relation to this have any weight or is this not relevant because it doesn't specifically state that a smaller school is needed to manage it?

Thank you

They may consider the DLA for mobility can be used to provide alternative transport to school. Check the transport policy for the LA if over the walking distance for the school named. Look at things like having "safe spaces" at your preferred school, due to anxiety. Many schools don't have spaces for children who have significant issues with anxiety to go at unstructured times. Things like breakfast club/early start for children who need transition time, homework club if they struggle to do work at home.

I have checked the LA but we are within 3 miles walking distance specified.

The school we want has disabled refuge spaces on each floor. It also has enlarged toilets which are opposite teacher offices (my child needs to undress fully to do a poo, but would refuse to go in a disabled toilet). I feel this is a safe guarding risk in secondary school, and part of the reason we want our first preference.

They do have a daily homework club and this is important to us also as we cannot get our child to do homework at home.

My worry, is that we have a long list of "weak" reasons, but the school we want is the only one that can accomodate ALL of them.

@Swim23 Speaking as someone on the admissions committee for a secondary school, and their presenting officer for appeals, I would say avoid saying you will be able to walk them to school. This never goes down well because all secondary school children need to learn to travel independently. Unless you really are intending to walk them to school for the next 5 years, it is better to say that, as its close, it will make your child's transition to independence easier, and help them to build their confidence as they begin to walk to school alone.

You may still be entitled to free transport. For a child with SEN, a disability or mobility problems, transport must be provided if the child cannot reasonably be expected to walk to school regardless of the distance involved.

Will the free transport not just be a public bus pass though? Looking on my LA's website transport is offered to children with EHCP, but I can't see the details for all children with SEN. The walk to the school we've been allocated would take over an hour (and annoying go directly past the school we want 🙄).

My worry, is that we have a long list of "weak" reasons, but the school we want is the only one that can accomodate ALL of them.*

This isn't necessarily a bad thing- a long list of things can be better than one big reason and nothing else.

I do think if you can get a letter from your Ed psych before the appeal explaining why this is the only suitable school, that would help your case a lot, though.

Does the ASD assessment (2019) which details noise sensitivity and challenges at school in relation to this have any weight or is this not relevant because it doesn't specifically state that a smaller school is needed to manage it? *

The argument against this is that lots of students (SEN, anxiety, auditory processing issues) have noise sensitivity, and any school ought to be able to accommodate their needs.

The other point you mention about toileting is more unusual, and this could be a strong argument if the school you want has more appropriate toileting facilities HOWEVER as a secondary teacher, I would suggest that if you child needs to fully undress in the toilets, they do probably need to be using a disabled toilet (unless I am misunderstanding and the toilets you describe are single toilet with a full length locking door).

That sounds like quite an extreme need compared to the other points you mention, and will need to be handled with care in any school. Have you ever considered applying for an ECHP?

The child will be getting low rate mobility (unless there are some severe mobility needs that OP isn't mentioning but I assume not as they'd be very relevant!). Low rate mobility component of DLA is about £23 a week.

I'm sure we can agree that £23 won't cover very much in the way of alternative transport. Perhaps a taxi one way one day a week? Certainly not enough to cover the costs of suitable transport.

OP good luck. I would have thought an autism diagnostic report is good evidence of their needs, but I also think you should apply for an EHCP.

It depends on the LA. Some give bus passes, some would arrange for a taxi. You will have to ask them if you want to find out.

Whatever your LA's website says, if you can show that your child cannot reasonably be expected to walk to the allocated school, they must provide free transport. That is the law.

As above, they need to assess individually, it can't be blanket bus pass, it "should" be based on them individually. A disabled refuge, is for fire evacuation purposes, often near a stairwell with communication system to alert people they are there, not a "safe space" that I was thinking about, schools often/sometimes have a room, where children who are vulnerable for various reasons can go at break time, so they don't have to navigate the social side of secondary on their own. It might be the library or part of the sen space. If your child has physical mobility,it issues and fire evacuation is an issue, then that would be a good point to raise about safe evacuation/ access to all facilities available to non disabled children e.g. lab spaces, technology sites (if allocated school doesn't have any in accessible areas). It is unusual but not as unusual as you would think.

The only thing I can think to do is contact the clinical psychologist who did the ASD diagnosis and ask for an updated assessment of my child's needs. Would this provide the kind of evidence needed?
Yes, do that but you don't want a fluffy letter just saying the child should attend that school. Be specific in your ask. Make it easy for them. So request a letter that includes the professional's opinion on a couple of specific issues (define them) and why School X is the best fit.

The clinical psych won't know the school is the best fit, unless they have detailed knowledge of all the schools in the area. If they just parrot back what the parent has asked them to say, and its wrong, they will appear very unprofessional. I do sometimes see professional letters saying "Junior must go to X school because Parent says it has Y unique feature" when we don't have Y unique feature at all, or else we have Y but it isn't unique. It is obvious that they are just being paid a lot of money to write what the parent asks them to write.

... And of course that is why the EHCP process is important. If an SEN child does not meet the threshold for an EHCP the default assumption is that they can have their needs me by any school. (The consequences of assuming otherwise are that schools' with marginally better SEN staff or facilities become swamped).

This thread has moved on a great deal, but to reiterate: the panel will be looking for solid evidence that the preferred school can meet the child’s needs better than the allocated school. Evidence that (for example) the child receives DLA is only helpful up to a point, because it doesn’t demonstrate why the preferred school is the best option for the child. This is why the panel will give most weight to evidence from a health care professional which makes clear the link between what the child needs and what the school can provide and confirms that in the health care professional’s opinion the child will be disadvantaged if they don’t get a place.

I do think you should apply for an EHCP. With the things you have mentioned, I think he would qualify for at least a needs assessment. That would mean he would get an educational psychology assessment, which would bring up all of those things you are concerned about.