Upper School Appeal Help Please….

[PearlOrca]

Hi all, looking for help for my son’s upper school appeal.
We have been offered second option but all kids he knows are going to his first option.
First option is closer to home, has bus routes and closer to existing school. Second has no bus route, 3 miles away, etc.
Son has autism and not road safe so very worried about how he will get to school safe as we have no way of getting him to the school selected.
The GP will be writing a letter and we have docs to support how long it took him to settle in this school, safety worries, etc.
Would this be sufficient for an appeal? Also how do I find out PAN at the new school for the appeal.
Son also starting to have anger issues, depression, crying, hurting himself since the allocation so this is also another huge concern .
thanks in advance

If the letter from the GP is clear that they are expressing their professional opinion, not merely echoing your view, that will be very helpful.

The points you make could be enough for an appeal. It depends on the strength of the school's case to refuse admission.

Their case will say what the school's PAN is. You should also be able to find it on your council's website. Remember that the school has to answer any reasonable questions you ask to help you prepare for your appeal, so you can ask them anything you want.

Thank you @prh47bridge. Im

We are waiting for the doctors letter so hoping it’s good enough.

i have PAN now for this year but nothing for previous years, nothing for ratio and I cannot find how many classes there are at the school to help me achieve calculations.
I called the school and they advised they cannot give this, is this right?

I also asked how many successful appeals in the last 3 years, again the school wouldn’t give me this.

How can I prove what I need to without these answers? Thank you.

All of the info about PAN, class sizes etc will be in the school's case when you get it, so you don't need to probe them in advance.

They should answer your question about appeal stats. If they use the local authority's appeal service you could ask them instead. If neither party will give you the numbers, put in Freedom of Information requests. You can do that directly (following policy and procedures that should be on their website) or using this website: https://www.whatdotheyknow.com/

Thank you @tripz . When do I receive a pack from the school/appeal?
presumably this is not something I can cover in my application, only when presenting my case to the panel on the day?

I think you stand a chance as compared with other appeal reasons listed by others here.

After you lodge your appeal, the school will be given a deadline to respond with their case. It will be published in good time before the appeal so you can prepare questions.

Your appeal should focus on your reasons for needing a place at the school. The time for you to start looking for holes in the school's case is after it is published, not before.

How will he get to preferred school, presumably not by bus if not roadsafe? Does he need an EHCP?

@LIZS We applied for an EHCP but it hasn’t come through yet. We were only advised he could potentially have one 8 weeks ago by his clinic so we have been failed there.

i have no idea presently how he will get there, its opposite commute for us to work, no buses, he will have to walk 50 minutes by a canal. I am scared to death about what could happen.

They are completely wrong to say they cannot give this information. Whilst it should be in the school's case, it isn't always. And it is unlikely you will see the school's case until after you have submitted yours. Remind them that the Admission Appeals Code paragraph 2.8 requires them to comply with reasonable requests from parents for information they need to help them prepare their case for appeal. If they still refuse and this information isn't in their case, make sure you tell the panel that you have been hampered in preparing for the hearing by the school's refusal to comply with the Appeals Code.

I meant your preferred school, not allocated one. Are you expecting him to take the bus?

@LIZS I drive past the school to and from daily on way to work. Additionally he could aim to get a bus in time or walk some distance with his friends.
We were aiming to try and get him to slowly feel confident walking on his own a small distance. We receive DLA and also he really struggles with safety as part of his autistic health.

"Whilst it should be in the school's case, it isn't always. And it is unlikely you will see the school's case until after you have submitted yours."

I wouldn't worry too much about this. If there is key information missing from their case you will have an opportunity to ask them for it before the appeal, or else choose to keep it in your back pocket for questioning on the day.

If you find you want to add anything to your case after it is submitted and before the appeal takes place, then in my experience it is usually possible with the permission of the clerk/chair.

Keeping things “in your back pocket” can be a risky strategy. Speaking generally, and depending on the circumstances, the school or local authority representative might not have the information you’re asking for, the panel might not agree to a brief adjournment for them to find it and you might not get the gotcha moment you’re hoping for.

It’s better to obtain the information you want before the hearing, even if, after studying it, you decide not to use it. It shouldn’t take a FOI request; as prh47bridge says, answering all reasonable requests is a requirement under the appeals code.

Knowing how many appeals were granted in previous years doesn’t help you a great deal. Each appeal is decided on its own facts, according to whether or not it outweighs the school’s case for not admitting, so the fact that appeals have been won or lost in the past says very little about your chance of success. It’s probably more useful to know the numbers in each year group; if there are year groups above PAN, it suggests the school can manage with additional pupils.

Agree with @PanelChair. Some clerks send out the papers very close to the appeal date, giving little opportunity to get answers if the information you want isn't there. It is by no means a given that the clerk will allow you to amend your case after it has been circulated. And waiting to the hearing to ask for the information is risky for the reasons given by PanelChair. It is for precisely these reasons that the Appeals Code requires schools to answer all reasonable questions you ask to help you prepare your case.

Are you sure you are referring to EHCP? EHCP is arranged by your local council and school or a parent can apply for it. It is support( assistant) and related additional funding for a child with learning dificulties. In most cases it is for kids that are 2-3 years delayed with education or children that are e.g. violent then the assistant follows them also during the break.

Medical examination can be also a supporting evidence but it doesn't consititute EHCP. EHCP is not issued by any clinic but by the council.

EHCP applications have to be addressed relatively quickly by the council. Here where I live it is required by the council for school to meet with a parent within 3 weeks. The entire process takes 20 weeks ( if successful) and with tribunal longer of course.

It is not something that would not come up ( had zero movement) for 8 weeks.

Is the allocated school over 3 miles away? If so, then transport must be provided. Local Authorities also have discretion to give transport at shorter distances for pupils with SEN.

That aside, I think you can make a case here. Your GP needs to write that in their professional opinion he needs x school. It isn't enough to say @PearlOrca tells me that....and would prefer that DS attends school x.

Secondly, I think you need to be clear about how taking a long time to settle in primary school relates to his secondary school allocation. In reality, even if you have 60 or 90 children going to school A from primary school, they will be spread amongst the 300 or so children admitted there. Most children may have 1 or two children from their old school in their form class, and then they are normally mixed up again for lessons. In reality, most children don't stay friends with the children they went to primary school with.

I agree wholeheartedly with @PanelChair and @prh47bridge that you need the information you requested. Have you tried contacting the LA and saying that you've had difficulty because the school has refused the information.

That aside, I think you can make a case here. Your GP needs to write that in their professional opinion he needs x school

but has she got already diagnosis? GPs in my area say it is CAMHS that are giving diagnosis for autism.

I believe the statutory walking distance is 3 miles by the shortest SAFE route, so it may be the council are obliged to provide transport.
In any case your appeal has to be on reasons why only that school is suitable, not why the allocated one isn't suitable.

Yes he’s fully diagnosed by clinic.