Appeal Process for High School

[FrustratedSEN]

Hi there
I've signed up to Mumsent for advice.
I was hoping someone might be able to help. My daughter has ADHD, Dyspraxia and Slow Verbal Processing. She doesn't have an EHCP.
She's been rejected from our first school of high school. Which has wonderful SEN provision.

She hasn't attended a feeder school and we live just outside the catchment area. She is 29th on the waiting list. We're going to appeal based on her needs.

Is anyone able to signpost any sites that might be able to help. I'm utterly lost as to where to start. If anyone could help I'd be extremely grateful.

@Imitatingdory

prh47bridge but ultimately it is the LA responsible funding EHCPs.

It is true that ultimately the LA is responsible and cannot duck that responsibility. However, that does not mean that a school can refuse to provide any funding towards EHCP provision for a pupil.

The LA is responsible for SEN assessment and funding expensive tailored provision. It is also responsible for monitoring to ensure that the child receives the required provision.

The Noddy guide is about the law. It ignores how school funding actually works. It is true that the law does not reflect what actually happens regarding funding. Section F cannot require the school to fund provision, but the school will always be required to do so. The normal approach is that the school receives the top up funding (i.e. the amount needed in addition to the notional SEN budget) and is then supposed to set up the provision required in the EHCP. If they don't, the LA will start to ask questions.

It is true many are arranged as you post, but practices do not trump the law, which I know you know I’m just posting that to explain my point, and why my original post on this point said “the absolute duty lies with the LA…” because the law does require the LA to ultimately fund all provision. It is possible for schools to ensure all provision is funded by forcing the LA to fund it, which can be seen from the thread I linked to where multiple posters have EHCPs solely funded by the LA including those who had had been via SENDIST. DS3 is one of those who has his EHCP solely funded by the LA.

The responsibility for making all the provision in section F of an EHCP lies with the LA and not the school so in effect if the school refuse to make any of the provision because they have neither the funds, staffing or impetus then a parent would have the option of Judicial Review against the LA. There would be no comeback on the school at all as a school doesn't hold the responsibility of making the provision.
Good explanation of notional funding and LA responsibility and what schools should do when faced with LA's stating need to cover first £6k here
Criteria to meet threshold for a EHC needs assessment makes no mention of funding anyway. A parent only has to satisfy that their child has or may have SEN and needs or may need support through a EHC plan