Sorry Another appeal Desperately looking for advice

[Tizwizfizz]

So out LA scrapped catchment areas this year and we have been refused a place at the school closest to us that we were previously in catchment for. My boy has a diagnosis of dyspraxia, has a stammer and is on the ASD pathway but have been told this is years away. School applied for EHCP but have only just sent off so highly doubt it will be done in time. Anyway do you think I have grounds for appeal based on the following or am I wasting my time??

he has a real issue with public transport and won’t get on the bus, with the school closest to us he would have been able to go with friends and walked, however the school we have been offered is 2 1/2 miles away and he won’t be able to walk all of that way, so I really don’t know how I will get him there. His dyspraxia means he struggles to walk really long distances. Also all of his friends are going to our first choice school, it has took him so long to build up friendships and it’s still something he really struggles with. The impact of starting a high school where he won’t know anyone will be massive on him and I fear he will really struggle. The first choice school seems to have a much better SEN support the building is new and has a much better design to navigate round which again is something he struggles with. I think that’s all I have, does anyone have any thoughts on how to best approach the appeal would it be useful to get a letter from school? Do I send in letters of diagnosis and reports? Do I stand any chance or should I just accept it and try best to be positive about the second choice school. Any advice is much appreciated

You have to show that the detriment to your son of not having a place at your first choice school, is greater than the detriment to the school of taking a pupil over number.

As far as I know, transport issues don’t carry any weight, because secondary school pupils are expected to travel independently.

I think the same applies to friendships; the argument is that many pupils will be forging new friendships.

They might also argue that the offered school will have an SEND department, which should meet his needs.

You know your boy best and you could try an appeal with letters of diagnosis and other support, but be prepared to do your best to prepare for the offered school too and if the appeal is unsuccessful, try planning routes and perhaps some bus journeys ahead of September. If he really can’t go on the bus, is there any way you could take him or car share perhaps?

Thanks so much for your reply, I’m not holding my breath I think you’re right with all the points that you’ve made. He has such low self esteem and because he has a stutter he finds it really hard speaking to others and making friends, but I feel that they’re probably not going to be bothered about that, suppose they can’t give everyone who appeals a place. I’ll try my best to gather all the evidence I can. Thanks so much again for your reply.

I was in this position last year.

I fought for three months, I got as much evidence as I could from professionals, including school, our GP, CAMHS (though no diagnosis as yet), etc., but ACE and SENDIASS were the best organisations who helped me.

I wrote a 75 page report and included everything I'd managed to collect as evidence.

My case was weak, as even though my child is being treat as SEN, he isn't diagnosed yet.
He was also being bullied, and even though that's a weak argument, I said I needed to get him away from the bullies for a fresh start.

The school I appealed to had a much better set up for SEN children, so I concentrated on that too.

I won, he got in.

It was blood, sweat, and tears for three months but I'd do it all again in a heartbeat, because I got him in to the school and he's thriving.

You'll have people tell you you don't stand a chance.
I was told the same.
I ignored them, I worked my ass off to get as much evidence as I could and it worked.

Contact ACE and SENDIASS, they're fantastic and can guide you.

No one can fight for your child like you can.
Start now, and fight him.
It can and does work - I'm proof of that.

Good luck.

Thank you so much for your reply, it’s so nice to hear that someone has had a successful appeal I was starting to think that no one ever won!! 75 pages!! That’s some achievement, I’m not even sure where to start. I hadn’t even thought of ACE and sendiass that’s a really good shout. Thanks for the giving me the fight I’m probably going to need to get through this, fingers crossed we get through the other side.

So pleased that your little boy is doing so well now.

Generally speaking, @Bluevelvetsofa would be right. Transport issues are rarely a good grounds for appeal. However, if you have a combination of a child with diagnosed dyspraxia and evidence that it affects his walking, and on the ASD pathway with a fear of public transport, then that is slightly different.

What you really need is letters from professionals to say that this is an issue.

The slight difficulty is that you're appealing for the school you want, not against the school you don't want. So you really need evidence that your preferred school is the one your DS needs to have the strongest case.

If you can get a letter of support that would be amazing. If not, you'll have to just set out your case very clearly, explaining why you think he would do better at your preferred school.

The other thing to consider is that sometimes a LA will provide transport below 3 miles if SEN prevents walking.

@Tizwizfizz you're very welcome.

Happy to help out or answer any questions.
It was a stressful and scary time so I get how you're feeling.

Just DM me if you want to.

Good luck OP, it’s cases like this that you really hope win.