SEN school "full"

[ReplacementBus]

I've been looking through threads here and seeing mentions that SEN schools can't say the school is full, but need to prove why they can't meet the child's needs.

I applied for a SEN school last year at annual review and the consultation came back saying they're not just full but over capacity in the year group.

If the same thing happens this year, how do I appeal?

Following the AR you will be able to appeal. The letter from the LA will tell you how.

Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate.

Is the school you want wholly independent? If not, 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.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference if it isn’t wholly independent. The LA has to prove the school is so full admitting DC is incompatible. The bar is high, higher than an “adverse effect”, “impact on” or “prejudicial to”. Unless the school is wholly independent the LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the reasons above.

Thank you very much. Your advice is really appreciated.