Fair Access Panel offered previous school despite anxiety and EHCP application

[Gemisagem12]

My daughter is going into Year 8 and is currently home educated after I removed her from her previous secondary school. She has SEN, severe anxiety/EBSA and is awaiting an EHCP assessment.
Things got extremely bad at her previous school, including her being assaulted by 5 pupils (police involved), and her mental health has improved massively since leaving.
I’ve applied for an in year place at another local school where she was previously on the waiting list. I was told recently there was a Year 8 vacancy and 3 children waiting.
Without me knowing, the council referred her application to the Fair Access Panel. I then received a letter saying “as you are aware” it had gone to FAP (I wasn’t aware at all!) and they had allocated her a place back at her previous school.
I’ve refused that placement and explained the full circumstances. The council have now said they can ask for my preferred school to reconsider if I provide “exceptional circumstances” for why she can’t return to her old school and why my preferred school is suitable, which I’ve done. If they still refuse, I’ve been told I can appeal.
I’m absolutely exhausted by the whole thing and terrified she’ll end up spending another year at home when she desperately needs a fresh start.
Has anyone been through anything similar with FAP, particularly being allocated a school your child previously couldn’t cope with? Did the council reconsider, or did you have to go to appeal? And if so, what happened?

Sounds like an error being allocated the same school as before, how on earth was that ever going to work! My guess is the system just saw that school had a space and allocated it… there was no sense check to realise the reason it had a space is because your DD had left.

So sorry to hear about her being attacked, it sounds horrendous.

Are there any other schools in your borough with places - aside from her previous school and the preferred school? If so, would you consider those?

For “exceptional circumstances” or an appeal to work, you really need to show why she needs this particular school, not just why it can’t be her old school. “Exceptional circumstances” often needs some sort of letter from a professional (eg social worker or medical practitioner) saying they think this is the only/clearly the best school that will work for the child and why.

Good luck, she’s had such a rough time, I hope it works out for you.

Although her old school is clearly not appropriate it sounds like she isn’t really next in line for any spaces available at your preferred school. 3 other people waiting?? Is that correct? Their circumstances clearly unknown.
Your circumstances are tricky as she does not yet have an EHCP so it’s (I think) going to be difficult to ‘force’ a school to take her if they are oversubscribed. Is her SEN medically diagnosed? Is her anxiety?
What other school options are there?

Some local areas have agreements across all schools that if a child leaves a school because of EBSA/ anxiety/ going private/ EHE etc and then wants to reapply for state education then the FAP will assign their previous school. I think it is meant to be a disincentive in terms of schools encouraging EHE.

I would check and see if the above is the case. Our LA used to do this but were advised to stop that practice, it was indeed to discourage EHE.
Even though FAP are involved, you can still appeal in the usual way if you like.
Independent panels don't always agree with FAP decisions