Admittance Appeal

[SmithChild]

I am currently starting an appeal for my daughter who did not get a place at her chosen school for starting year 9 in September (3 Tier system). My daughter has anaphylaxis and although can be managed, I was wondering if this can be used in an appeal. She has been separated from her friendship group who have watched her grow and live with this. They are all aware on signs to look out for and how to treat her should she suffer and anaphylaxis episode. Appeals are dealt with by the Academy and not the Local Authority, I am unsure whether this would be deemed as a Education, Health and Care Plan and therefore referred to the Special Educational Needs and Disability Tribunal and not to the Admission Appeals Panel. Does anyone have any experience in this area?

Does your DD actually have an EHCP?

It wouldn’t be an EHCP just for anaphylaxis as she has no educational need. It would be an IHCP which has no impact on school places. OP you could try an appeal, no idea whether they’ll take this on board or not.

Is there a health needs category in the Admissions criteria? Was she considered in it? I'm not sure putting the responsibility on her cohort is fair, bearing in mind at secondary even if in same form, pupils get split for teaching in different subjects. Better to focus on why this school is better for meeting her specific needs and safeguarding her. Is she on wl ?

@SmithChild unfortunately anaphylaxis is common - many children are managing it, and schools are well used to managing it too. (Imagine if every child with an epipen could go to their school of choice!)

Your child will need to spread their wings as they grow up, and now may be a good time to start. They will soon make new friends, and will probably find some of those are managing health conditions too.

Thank you for your comments. The school preferred is by far much better than the unbuilt school she has been offered. With nearly 100 children on the WL for the preferred school the chance of her gaining a place is very slim. Was looking for extra weight to put in the appeal and was unsure if this would be supported. Whilst I appreciate that she will make new friends and we cannot rely on her friends as a medical crutch, this is not helping her anxiety and emotional wellbeing at present, the thought of not being around her trusted friends is crippling.

Are there any other schools preferable to allocated? It sounds as if preferred was a long shot.

You have my sympathy, but very many other children will be feeling anxious about secondary transfer too.

Hopefully you are able to set your own anxieties about the offered school aside and reassure her about its positive aspects.

Is the offer for a brand new school? If it is starting with a single year group in year 7 that is a fantastic opportunity for your daughter. Children in that situation usually get their core subjects taught by senior subject leaders who wouldn't normally teach in year 7.

She will be starting in Year 9 and will be making her GSCE choices within that year. The options on offer are to be minimal due to an intake of only 120 children. I feel that the opportunities on offer for her are massively reduced compared to those who have received an offer in her first choice school. And how can they accommodate the academic abilities of the children in a new school with limited resources, teaching staff and space.
At present there is not even a brick in the ground and for a school that was supposed to be built for a September 2020 intake, I hold little to no hope that she will actually get to step foot into the school, instead the remainder of her school life will be taught in a temporary building will very limited amenities.

For any appeal, you will need to satisfy the panel that the prejudice (detriment) to your child if they don’t get a place is greater than any prejudice to the school in having to cater for an additional pupil.

Generally speaking, appeals based on health conditions are difficult to win, because schools are set up to support pupils with a wide range of health needs and so the panel is looking for strong evidence that in the professional opinion of the child’s health care team, the child’s needs will be better supported at the preferred school and so they need a place there.

Similarly with arguments about staying with friends. The panel will understand that any child would prefer to be with their friends, but will be looking for evidence of why the child has a particular need for this.

Arguments about curriculum may carry some weight, because you are talking about Y9 when GCSE choices are imminent. Can you say (for example) that your child plays several instruments, but only the preferred school offers GCSE music? That is more substantial than a vague statement that the preferred school has more options.

"The options on offer are to be minimal due to an intake of only 120 children. I feel that the opportunities on offer for her are massively reduced compared to those who have received an offer in her first choice school."

Do you know what options will be on offer? New schools get "diseconomy" funding to make sure they have appropriate leadership in place and can offer a broad and balanced curriculum, despite having fewer students.

Whatever the offer, your child will be no worse off than the other 119 students (and other local schools obviously don't have space to accommodate them all or the new school wouldn't have been built in the first place).

Unfortunately it's not extremely rare and all schools are expected to be able to manage anaphylaxis. You would be better to concentrate on making sure that the school has a good understanding of your DD and how her allergies present, making sure that she has a health care plan that is robust.

"instead the remainder of her school life will be taught in a temporary building will very limited amenities."

This argument won't help you. The temporary building will be refurbished to make sure the minimum statutory facilities are available. If there are no sports facilities on site, there will be arrangements for students to use local provision elsewhere, e.g. sports clubs.

Remember that you are appealing for your preferred school, not against the allocated school. And beware of anything that might come across as “that school is good enough for other people’s children but not for mine”. For all you know, although they might excuse themselves, panel members may have children at that school.