Schools Appeals

[Chocolady]

I currently an involved with school appeals and have felt for a while now that there is very little info about to help guide parents with school choices, entrance and appeals processes. I am therefore starting a new business to do exactly that. You don't really need a lawyer, what most parents need is some help, guidance and info on the rules. I went through this last year as my eldest entered secondary school, Do we move? will we get in? Usual worries. Yet, it is so important to get it right. If you have any comments please let me know.

DC has SEN - statemented.
Options

1 - sit 11+ - good grammar sch

1. Fail 11+ - local school with failing results for the past 4 years and a catholic school but we are not catholics so go to the bottom in the criteria.

3 . Oversubscribed school with ASD unit about 2.8 miles away - admission criteria is a) children in care, b) siblings, c) distance. so even with SEN cant get in as too far away - school prioritises the degree of disability of each achild applicant and takes 15 places each year - so a struggle to get in.
only option to get in here is to move less than a mile from the school and even then the LEA says no guarantee of entry - looks like a huge fight ahead for us.

1. move and then fight for a place.

1. go private - cannot afford.

What do i do. Annual review with LEA and SENCO will be in the autumn term - as DC is a new statement - need to know before then what to do.
very worried mum.

The statement will name a school that your DC should attend. You have the right to say which school you want named on the statement and the LA has to comply as long as the school is suitable, your DC meets any academic selection criteria (e.g. passes the 11+ for the grammar school), your DC's presence won't have a negative impact on children already at the school and placing your DC in the school will be an efficient use of the LA's resources.

Under the Education Act 1996, the school MUST admit any child with a statement of SEN naming that school even if the school is full. The school has no discretion over this at all. They have to admit regardless of distance, faith or any other consideration. So if your DC's statement names either the Catholic school or the school with an ASD unit, your DC WILL be admitted, whatever it says in their admission criteria.

Your main fight will not be getting admitted. It will be persuading the LA to name the school you want. That starts when they send you a draft statement. The draft will leave part 4 (which names the school) blank so that you can say which school you want your DC to attend. Once you've told the LA what you want they will send you the final statement which will name a school. If you aren't happy with the school they name (or, indeed, with any other aspect of the statement) you can appeal.

Go and visit the schools and see which one would best suit your child, This will also prepare you for the meeting with the LA to discuss the statement and naming a school. Being able to say i have visisted the schools and think this one is best suited for my child because.... should go a long way to towards the LA accepting your viewpoint.

As PRH says the statement assuming it is continued on into year 7 will ensure that you get a place at the school agreed with the LA. That is why the SEN meeting is in the Autumn Term so that the LA can make sure of the allocations

Yes, i have visited all these schools for the past two years.
The biggest probelm is to convince the LEA to name the school on the statement - there are two closer school before this one. Has anyone been through this process or had similar experience.

The only grounds under which the LA can refuse to name the school you want are those set out in my previous post, that is:

• the school is not suitable for your DC's age, ability, skills and SEN
• your DC doesn't meet the academic selection criteria (in your case this only applies to the grammar school)
• your DC's presence will have a negative impact on children already at the school
• it would not be an efficient use of the LA's resources

They cannot simply put you in the nearest school without good reason. As Admission says, if you can give clear reasons why your chosen school is the best one for your child it will help to persuade the LA.

If for any reason the LA don't opt for your preferred school you can appeal to SENDIST (Special Educational Needs and Disability Tribunal).