Secondary School preference

[Oranje]

Was hoping that I could get some advice concerning my DS who currently attends SEN primary school and has autism.

There is a secondary school on the same site as the Primary School, which I named as my preferred school.

Today I received a call from the SENAT team to advise that DS would not be getting a placement here but they are proposing a secondary school, which currently caters for children, predominantly who have disabilities ie cerebral palsy.

We have asked why we have not received our preferred school and have been told that it is over subscribed.

I am not happy as our preferred school is currently established to cater for children such as my son.

The proposed school is adding a new class (maximum of 10 children) but is currently not set up, so I cannot speak to class teacher etc. as they are currently recruiting and this is a new class for children who do not have any physical disabilities but who have autism

Can I appeal on the following grounds

• this will impact my DS well being, having to adapt to a completely new school, location (current school is closely linked to secondary)

-DS is very social and will now be in an area of the school with 8-10 peers -Friendships which have been established over the years will impact behaviour and well being -proposed school does not offer the number of facilities which would be available (ICT suite, kitchens, design room) which teaches life skills also

Primary school are shocked that this has happened and cannot understand the rationale as preferred school can meet DS needs.

I was told (unofficially) that my DS had been offered a place but it seems that due to numbers the Education team have decided to create a class at a new school and randomly selecting children to attend. The primary school was not contacted/consulted prior to this decision.

If you have made it this far, congratulations! Any advice much appreciated

Do appeal, the majority of appeals are upheld. Also appeal B&F as they will be written to support the placement named in I.

Unless wholly independent (are either of the schools?) the LA must name your preference unless they can prove:

• 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.

Full is not defined in law, and on its own is not enough of a reason to refuse admission. The LA have to prove the school is so full admitting DS is incompatible. The bar is relatively high. If the LA can’t do that they must name the school regardless of the school objections.

Is the current school an autism specialist school? If so do you have evidence a autism specific school is needed? Therefore the proposed school can’t meet DS’s needs.

Also look at what therapies/interventions the current school offers that are in section F (or that should be in section F) that the proposed school can’t. What are the class sizes in the current school? Life skills/independence skills/self help self skills are a good point if you have evidence DS needs support with these. Do you have a good OT assessment?

Consider getting independent assessments. It is the reports that often win tribunals, and LA reports are often notoriously rubbish, vague and woolly.

Thank you for taking the time to respond. Both schools are maintained. I was told unofficially that my son had secured a place at my preferred school but due to high demand (and I assume after the realisation that they could not compete with the demand) they had to go back and rethink and have therefore picked a school which is not fully utilised (has spaces) and as this school is not specific for DS need, created a class. How they expect parents to make an informed choice with nothing yet in place is beyond me, coupled with the reduced facilities and the avoidable disruption and well being of my child, I will appeal this in the hope that they will reconsider.

Thank you for your helpful advice and I will take this onboard when appealing.