Questions for the school

[SuperSue77]

Hi experts, I think I have been advised to avoid asking the school about the exceptional medical/social criteria that they removed from their admissions criteria for the first time this year, despite admitting several pupils under that criteria in the last few years (3 last year and 5 the year before).
Would it be reasonable to ask why they removed that criterion, or to perhaps phrase it in another way -“ do you believe you have received more appeals this year as a result of removing the exception medical/social need criterion?” I suppose I’m trying to show that there are children who would benefit from attending the school but who don’t have an EHCP and that the appeals process is the only way they can have their need considered.
(I know all schools should be able to support a particular level of SEN but with a very big difference in the teaching methods of this school, I would say it can meet need where others cannot).
@prh47bridge
@panelchair
@postapocalypticcowgirl
@lougle
@patriciaholm

You can ask but I don't think it helps. The appeal panel has to work with the admission criteria as they are, provided they don't break the Admissions Code. The fact that there used to be an exceptional medical/social criteria isn't relevant. Their reasons for removing it aren't relevant. Whether or not there are more appeals as a result of this isn't relevant.

The appeal panel should know that part of the function of the appeals process is to allow them to admit those children that need the school but don't fit the normal admission criteria. You shouldn't need to remind them of that.

I don’t see any benefit to you in that line of questioning. You need to spend your time arguing for why your child needs a place at this school and will be disadvantaged if they don’t get one. Arguments about the previous, discontinued oversubscription criteria are a distraction.

No, there's no need and any answer would be meaningless.

At application stage, the medical/social criteria prioritises a child above their normal rightful position because of their unique circumstances. An appeal on the grounds that the child should have been placed in the med/soc criteria is worth talking about. Your appeal is not based on this (although you feel that had there been such criteria your child would have qualified).

At appeal stage, unless a mistake was made at policy stage or application processing stage, then it's a level playing field. Everyone's grounds are heard and assessed. It doesn't matter if your child would have been granted exceptional medical/social circumstances, or indeed if exceptional social/medical circumstances was a category - if your child has an exceptional medical or social ground for needing a place it will carry weight at appeal.

So, that's a long winded way of saying that the panel know the rules and you should focus on the strength of your child's grounds for seeking a place, rather than wasting precious time delving into whether they should or shouldn't have a medical/social criteria. There's no obligation on them to have one so it's not worth arguing about.

Thanks everyone, I won’t mention it. I did on my original submission (in March), but I didn’t in the “evidence” I submitted recently, nor will I tomorrow.

In my experience, exceptional medical/social need isn't really about students who don't quite meet the threshold for an ECHP. It's usually used where the need is unusual and extreme and not really under the heading of SEN e.g. Young carers, situations where students would be at risk attending a particular school (so they get priority for another school), students with health (rather than learning) needs which don't meet the threshold for an ECHP.

In theory, the way the system works is if the student has SEN that cannot be met in every school, they should have an ECHP. I know it doesn't work that way, but my understanding is that's how the system is meant to work.

Unlike LAC and ECHPs, schools aren't required to have this as oversubscription criteria, and they are allowed to change their admissions criteria. AFIAK, when changing admissions criteria, schools aren't required to consider whether it would create more appeals.