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.

Thank you, the clinical psychologist we saw for the ASD assessment was very highly regarded in the Borough, she was thorough and professional so I can’t imagine she would parrot anything without verifying for herself. And I wouldn’t want that either, I just want to ensure we have explored the options for providing suitable evidence based on professional opinion. I will also contact an EP but timings are against us.

This process has made me realise that we probably do need to apply for an EHCP regardless, though I know that’s another long battle!

This isnt the question you asked, but it sounds like you need to put in a request for an ehc needs assessment as if you dont win your appeal you might need quite a lot of adjustments to support your child at the other school.

In terms of the appeal, i dont know much about mainstream admissions, or admissions without an ehcp I'm afraid. I do know that when we appealed the school in our ehcp we had to focus on why their named school couldnt provide an adequete education. It didnt have to provide a good one. They were only interested that our was adequete and their choice was inadequete, not just our choice was better. So if their option had been adequete and ours excellent, theres would have been fine. However I dont know if this is ehcp specific.

The only thing I can think to do is contact the clinical psychologist who did the ASD diagnosis
Presuming this was on the NHS, I think it is unlikely they will provide an updated diagnosis letter without seeing your son. And waiting lists are so long, years where we are, that’s not going to happen quickly.
Can you afford a private assessment? EP, OT, or updated diagnosis?
When appealing, focus on the things that only school 1 can provide that your child needs. Don’t focus on what is wrong with school 4.
Look at the equalities act, and try contacting IPSEA or your local SENDIAS. Also local groups of parents of children with SEN - there are a few on Facebook in our area.
Good luck!