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Secondary education

Connect with other parents whose children are starting secondary school on this forum.

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Original poster

LEA school choice

20 replies

english1 · 22/05/2010 18:45

We have just received a letter from the LEA asking about our school choice for our DC who is in year 5. we got the final statement in March this year and now they have asked for our preference - i thought it was in the autumn term of year 5 not spring term. am i missing something here - do i have to respond in the 15 days. i had already spoken to the ed psch and the case worker from the LEA about our preferred school. i have also visited the local and prefered school. In the letter , the LEA has mentioned our local school not our preference. are they trying to rush the process or are they trying to get things right - forward planning so we have enough time to negotiate. i dont know what to think. i know the school we prefer but should i be cautious of the timing. our prefered school is usually oversubscribed and for SEN kids - they prioritised their needs - give 15 places only. now i am worried.

OP posts:

admission · 22/05/2010 21:06

Most local authorities will look to work with parents of children with a SEN statement to agree the school that they will go to after primary school. It is good forward planning.

It would look a little bit like they are trying to steer you to the local school but you need to stand your ground and have a good logical reasons for wanting the other school. If it really is the best school for child in your opinion (not because it will be easier for you are parents) then just keep saying no. If necessary say you will go to SEND (special needs tribunal) over it. Eventually they should get the message.

I am slightly intrigued by your comments about only allowing 15 places for special needs children. As far as I am concerned that is illegal, they are not allowed to differentiate on special needs in the admission code.

prh47bridge · 22/05/2010 22:53

I agree with Admission. The rules are that the school has to admit any child with a statement naming that school even if they are already full. If there are 20 children with statements naming that school, all 20 must be admitted.

Original poster

english1 · 23/05/2010 10:59

they argue that they can only provide resources for only 15 SEN children as it is overly subscribed school. they have a special ASD unit that takes about 4 children each year but overall only will take 15 SEN kids - is this legal as the school has its own admission authority. the LEA is aware of this as i spoke to the case worker and she said this to me. i even said to her - is it fair that the other option for me is to move the family next door to the school - how unfair. i guess if i can get the LEA to name that school, i am halfway there , then i can go down the route of the tribunal to get the school to take my DC. so effectively two battles - one - LEA to name school and two - school to take my DC.

OP posts:

admission · 23/05/2010 17:02

The school cannot refuse to accept your child if the school is named on the statement, which is why it is vitally important that you do not agree anything unless it is for that school.

It is also rubbish about the number they can take. Yes the ASD unit only has 15 places in total but it is always up to a discussion between the school and LA as to what number of pupils they can and should take. They are currently funded for 15 pupils but many schools agree to take an extra couple of pupils providing that the LA fund them. OK there will be a limit and probably that is no more than 20 in total but there is some flexability.

Original poster

english1 · 25/05/2010 11:37

The school funded by the LA but the Governing Body owns the buildings and is
responsible for the admissions criteria and for arranging appeals (foundation school) . so i guess they could really in essence affect the decisions.

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prh47bridge · 25/05/2010 11:46

No they can't. They have no discretion. If you get the LA to name this school on the statement, the school has to take your child whatever the governors think. If the LA refuses to name this school you can appeal to SENDIST (the special needs and disabilities tribunal). They are completely independent. If they rule that the statement should name this school, the LA and governors will have no choice.

Original poster

english1 · 25/05/2010 13:03

a question to ponder - can a school admission criteria exclude SEN children

OP posts:

prh47bridge · 25/05/2010 14:04

No. Absolutely not. The Education Act 1996 requires schools to admit any children with a statement naming the school regardless of whether or not they have places. That is the law and takes precedence over any admission criteria. Any school which refuses to take SEN children is breaking the law.

The Admissions Code says that "admission authorities must not imply in their published admission arrangements that they have discretion over the admission of children with statements of special educational needs". So it is wrong for any school's admission criteria to imply that they can either limit the number of SEN children or refuse to admit SEN children.

Original poster

english1 · 25/05/2010 14:12

well this school admission criteris does not even mention SEN admissions. their criteria reads
1 children in care

siblings
distances.

i spoke to the SENCo who said that they look at distance even when considering SEN children. looks like appeal for me. the SECO even mentioned that some parents with SEN kids move homes to within 1 mile so they fall into both criteria ( SEN statement and distance) i believe there is a flaw here. All we have to prove to the LEA is that the school has specialsed unit that can provide for my DC needs - is that not so.

OP posts:

prh47bridge · 25/05/2010 14:36

There is definitely a flaw here if this is the way they operate. I sincerely hope the SENCo has misunderstood things. If the SENCo is right that children with a statement naming a school have to move close to the school to guarantee admission, the LA is breaking the law.

The admission criteria shouldn't mention SEN admissions. That bit is correct. SEN children are not subject to the admission criteria - they are ALWAYS admitted. The admission criteria only apply to non-SEN children.

Distance is not a consideration for SEN children. The LA has to accept your choice of school and name it on your child's statement provided:

the school is suitable
your child's presence won't have a negative impact on the education of children already at the school
placing your child at the school would be an efficient use of the LA's resources

If a school refuses to admit a child with a statement naming the school they are breaking the law. It doesn't matter where the child lives. They have no choice. Parents do not have to move to get their child into the school named on their child's statement.

Equally, if the LA is saying they can't name a school on a child's statement because it is too far away they are wrong. They may argue about the efficient use of resources if they have to provide transport but I think that is a pretty weak argument. If they don't have to provide transport there is no basis at all for saying a school is too far away to be named on your child's statement. An appeal to SENDIST should get that sorted out if they try it.

prh47bridge · 25/05/2010 14:51

Just noticed I missed one of the reasons the LA can refuse to accept your choice of school. If the school selects on academic ability (i.e. it is a grammar school), the LA can refuse if your child fails to pass the necessary tests. However, there are very few selective state schools left so I doubt this is a consideration for your child.

admission · 25/05/2010 15:53

English,
You need to get to the bottom of what the school and the LA are saying. PRH is correct in saying that children with statements are placed in schools outside of the admission system. It is totally different process and should have the needs of the child at its heart.

It simply comes back to one fact, what is the best school for child taking into consideration their special needs and the ability of the school to manage them. If in your opinion that is this school then that is what you should demand. Simply write to the LA and state that in your opinion the best school for your child is X and that is the school you want naming on the statement. Make them come back and refuse to do that, which is then very much a referral to SEND

Original poster

english1 · 25/05/2010 22:03

yes, thansks all for this. i have now made our preference for this school and have attached a letter telling LEA why we beleive this school is suitabel for my DC. deadline is on this friday to return to LEA. i have been told i might wait till feb 2011 before i find out if LEA has named the school. Thansk all for the much needed guidance. we are willing to go to SENDIS, well the parent partnership said today that if they dont, they will assist with the tribunal etc.

Thansk all once again, you all have made me less worried.

OP posts:

Original poster

english1 · 27/02/2011 17:20

Looks like its the tribunal for us then. LEA refused our prefefential school. DC now DX ASD - new development - more grease to fight for the main school. SENCO recently mentioned that a smaller class will be suitable - now calling for all core team members to sit and discuss what school is suitable. An independent Ed Psych asked by us to report on the schools including an independent one. this looks costly

OP posts:

NAR4 · 01/03/2011 12:36

We had to get a report from a private ed psych for our son and although expensive £460, was def worth every penny in the end. Ultimately it is a small prive to pay to ensure your child gets the education they deserve.

Good luck with the tribunal, I have been there and know the stress. Get as much advice and gather as much evidence as you can.

admission · 02/03/2011 21:59

Do not dispair yet, you have a long time to go before you have to have a final irrevocable decision. This is simply the LA wanting to have their own way

I would go back to the LA and say to them that as they are not prepared to offer your preferred school, would they confirm in writing the reasons for this decision and their suggested school plus the reasons why this school is appropriate and your preferred school is not. I would also ask for a reply within say three weeks just to give you a point in time to start chasing them when thye have not replied.

If they are daft enough to answer that in full, then that should give you some reasonable ammunition to go to Tribunal with. I would however expect that they will not answer it in full and you will get a load of waffle off them. I would then again write to them and simply state the reasons why you consider the preferred school and also try and counter their reasoning for the other school. If they still refuse then yes it is the tribunal for you I am afraid.

Insanitypending · 15/03/2011 11:17

Hi, I am new to Mumsnet and came across this while looking for help with my own appeal. The hardest thing I find is getting information I need to support my case. I have to get all documents to SENDIST by next week! I cant even get the two schools concerned- the local one and the one we want, to reply to us.We need to find out also if there is a gender bias in the assignement of prefered school- which I suspect. I cant even find out the intake of boys/ girls at the schools. Help?

prh47bridge · 15/03/2011 12:12

Have you asked the LA for the information you want? They should be able to answer your questions.

Original poster

english1 · 07/04/2011 14:57

what if an independent report now says the LEA choice of school and parental choice are unsuaitabel - where does that leave everyone?

OP posts:

prh47bridge · 07/04/2011 16:59

Is that what has happened? On what basis are they unsuitable?

I haven't come across this before but my immediate thoughts are that it means the LA can reject your choice on the grounds that the school is not suitable for your child's SEN but you can reject the LA's choice on the same grounds. So I suspect it leaves everyone trying to find a school that is suitable.

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