SEN school appeal

[Sambabes40]

Hi all, some great info advice on here, so wondering if anyone had any tips or information to help me.

We have got a EHC plan in place for my 3 year old son and he is due to start school in September.

The LA have not named a school on the EHC Plan and have agreed he will need to be placed into a special school.

The school we want, that we feel would be the best place for him, is the nearest SEN school to where we live, but have been told it is full, so we need to appeal.

Has anyone had the same situation, and can give me any tips? Our reasons for wanting him to go there is we think thats the best place for him (which the LA are not disagreeing) and it is the closest to where we live!

Also does anyone know where i can find out if the school is over- subscribed or has granted exceptions in the past? I can only find this information for mainstream schools.

Thanks in advance!

If you say the LA have not named a school is it still in draft form?

No, i have a final version.

So they have just put a type of school in Section I?

So assuming you have asked for one of these type of schools:

• A maintained school or nursery (mainstream or special)
• An Academy (mainstream or special)
• An institution in the Further Education sector
• A non-maintained special school
• A section 41 school.

The LA can only refuse to name your chosen school if one of these reasons applies:

• The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

These are the only reasons not to name a school.The LA cannot just say the school is "full". They will need to provide substantial evidence as to why the admission of one other pupil would be incompatible with either the efficient education of others or the efficient use of resources.

IPSEA has produced a fact sheet for parents appealing a school.

www.ipsea.org.uk/Handlers/Download.ashx?IDMF=f5b1ec4c-dd70-43dc-8c8e-fe2d710b8423

Ellie - it might be that the current Nursery was named when the EHCP was finalised.

Sorry SamBabes - I don't know the answer you are looking for, but it does make me so angry that there are never enough suitable places for the children / families that need / want them.

Thanks for your help and the link to ipsea, i will have a look at it.

Backforgood - i know its so frustrating, with my son its very clear cut that he would not be able to start a mainstream school in Sept and yet we are having to fight so hard to get him the help he needs! I know its not as easy as building more SEN schools but there must be a better way than having to fight for children who need the most help!
We have our boxing gloves ready for a fight!

As Ellie posted, being full isn't enough of a reason to refuse to name your preference. They have to prove they are so full admitting DS is incompatible with efficient education of others or incompatible with efficient use of resources.

Ask some of the questions in the document Ellie linked to. The LA should give you the information if you ask.

Is the school an LA SS? If so, start looking at an expensive independent specialist. You may find the LA find a place quickly. If the LA haven't got an alternative school they don't stand a chance.