Advice needed on secondary school - social and medical grounds

[SENParentSupport]

Hi, Please could it be possible if anyone could let me know if they were successful I'm getting a school placement on social and medical grounds? My daughter is on the SEN register and many medical needs and we feel the local secondary school will not be able to meet her needs and one which is 15 mins away is so much better in terms of SEN provision. We don't have an EHCP as academically, with the support the current primary school are giving her under OAP is brilliant and she is just about keeping up....but we need this to continue into high school otherwise she will fail and not cope due to the lack of support.

We applied for an EHCP but was rejected an assessment, they recognise my daughter has SEN needs but feel this can be delivered under the OAP.

We have had lots of meetings with the SENCo along with SENDIASS, both of which feel we have evidence to suggest the local school cannot meet her needs and therefore through the secondary school application we can put reasonings under social and medical grounds.

We also have a paediatrician letter stating the additional support school will need to provide especially moving into secondary school and this needs careful consideration through the application process.

We have been advised an EHCP is all evidenced base, and as my daughter is being supported by her current school under OAP for her SEN needs there is no point appealing this. Our concern is the local secondary SEN provision wont be able to meet all her needs so do we appeal?

Any advise or guidance would be very much appreciated.

Even with supporting evidence from the relevant professional(s), you will only a place based on exceptional medical / social need, when your application would otherwise not be ranked high enough for an offer if the school you are applying for has such an oversubscription criterion in its admissions policy.

(Admissions legislation states that parents must be allowed to state their reasons for applying for a school, but also that the school must only take into account information that is relevant to its published oversubscription criteria when ranking applications).

However, if the school you want doesn't have such a criterion, and a place isn't offered, it is possible that the reasons you put forward for wanting the place may be compelling enough to succeed at appeal.

Does the secondary school you want even have an admissions category for social and medical grounds? Many do not and those that do, the bar will be high to be offered a place under this category.

I would absolutely 100% appeal the refusal to assess for an EHCP. You will win your appeal. Your LA's reason for refusing is unlawful (you're not in Surrey by any chance?) - they cannot say that needs can be met by OAP because they haven't actually assessed needs. Your child meets the legal criteria for an assessment, they are just trying to fob you off.

You will need the EHCP for secondary - even if you get the school you want under social and medical grounds - secondary is a whole different ball game to primary and you can't underestimate how much more support will be needed.

Please just lodge an immediate appeal and get the EHCP sorted. IPSEA website is great for guidance and advice. If you are in Surrey feel free to message me and I can direct you to local support groups for EHCP/SEN

If the school has an exceptional social and emotional oversubscription criteria, to be considered under it, you need evidence the school is the only school who can meet needs. It needs to say “In my opinion school A is the only suitable school because XYZ…” rather than “Mum says school A is the only suitable school because XYZ…”

If you don’t get considered under the exceptional social and medical oversubscription criteria or the school doesn’t have one, an appeal may still work because the threshold isn’t the same.

Appeal the refusal to assess. The majority of appeals are upheld. The bar is relatively low. You do not need to prove DD definitely does need an EHCP only that she may need special educational provision to be made via an EHCP.

Yes, you need evidence, but EHCPs are about more than academics. You can get EHCPs without DC being academically behind. You can also get EHCPs when DC’s needs are only being met by the school providing support that wouldn’t typically be provided without an EHCP - if you are concerned about DD not receiving the support at another school, this sounds like it applies. Any decision now should take into account upcoming transitions.

Be careful with SENDIASS. Some are good, but too many repeat the LA’s unlawful policies and practices. IPSEA and SOSSEN are better sources of information.

I sit on the panel that reviews Exceptional medical and social needs. I am one of three panel members and it really would need a letter saying from a professional saying exactly why school A can only provide something that any other school cannot. If a child doesn't have a plan (and I appreciate there are complexities here around the refusal to assess) then the most likely decision is any school could meet need. In 5 years or so the Panel in my LA has agreed about 4 of 200 or so of these requests. It is "exceptional" and where no other school can meet these needs. We often get people applying for one where the school has a resource provision thinking their child will be able to access it when that's not the case at all. We also look at whether that school was your first preference or not and what offer your child has when considering the application.

in education there are many many children on Sen support. This on it’s own without medical needs wouldn’t generally be enough to gain admission under exceptional medical etc needs as the presumption is that all schools can offer this level of support.

you really need an EHCP, in your shoes I would be pursuing this.

Have you been to the offered school and discussed your childs needs and what they can provide?
That would be one of the questions the panel will ask.
Letters need to name the school and the reasons why that school is the only one capable of providing the care required. This must be the medical experts' view and should not say the parents feel or state or believe that XXX school is the best one and why that school. The panel gives it the weight they feel is appropriate based on all the information.
The panel or attending Officer should ask what support has been provided in primary and if additional funding has been applied. What outside provision and advice was sought? What support for SATS is in place and what adaptations are needed. Who administers any medication, when it was last reviewed, is a blended diet in place, any mobility needs and support in place. Does your child have special provision for PE. What support is in place across the school days, lessons and at other times. What is the impact of any disability or needs?

If you say a child has perhaps anxiety or asthma for example the panel expects to see evidence of the need and the impact or seriousness of the problem, referrals from school or to the doctor, or hospital. How many times was an ambulance called to school etc?

I have never known a medical or social appeal to be successful sorry.