Sen secondary school tribunal

[Aya1979]

Hi. I'm appealing my son's named school at the moment and was wondering what legitimate reasons a school may not be suitable for a child.

I know the named school is not suitable for my son because I had two older kids who went there, one had Sen and I feel he was failed in that school. Is it worth mentioning this in my appeal?

If the named school feel they can meet my child's needs, What are legitimate reasons a parent may feel the school is not suitable?

His first choice school say they can't meet his needs based on the ehcp he had (updated March last year). He has just had an annual review (2 months late) and I feel he has improved in the areas they felt they could not meet his needs. His teacher also agrees. The first choice school say it would be unsuitable use of funds to accept my son. Although he does not require 1:1 help they feel he is nit academically suitable for the school.

How do I legitimately demonstrate his first choice school can meet his needs and his named school can't meet his needs.o agrees that he has improved a lot.

Thanks in advance.

Are you also appealing B&F? They will be written to support the school named in I.

Is this a phase transfer year? If so, have you informed SENDIST of this and requested an expedited hearing?

Is the school wholly independent? If not, the LA must name your preferred school unless the LA 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.

The bar to prove one of these is higher than many LA’s admit. What are the reports like? Do you need independent reports? These will help you prove none of the above apply and that the named school isn’t suitable. Making SARs could also provide you with evidence. I wouldn’t focus on older DC.

Have you looked at IPSEA’s refusal pack?

Thank you for your reply. I have a hearing date booked and getting help from Ipsea but I still don't really know my chances. He has improved in his behaviour and academic performance, although he is still below expected levels for his age. He has a friend he is very attached to, which is why I'm fighting for this. Being separated from this boy will really impact on his mental health and confidence in school. He struggles with socialising with other children and has been bullied for years in primary school.
Should I employ a priate educational psychologist to prove this? Or is a speech and language therapist better? I don't even know if I can afford it.
I feel despondent about our chances after I spoke with our school sen.
All I can prove at the moment is that he has improved in his levels moderately but I don't know how useful that is.
How do I even prove my child is worth the use of school funds? Such a strange thing to have to prove.

The majority of appeals are upheld, so statistically you stand a good chance. Don’t listen to the school or LA trying to put you off.

Whether you need an independent EP (or other professional) report depends on what evidence you already have. If you do need independent assessments but can’t afford them and you aren’t eligible for legal aid contact Parent in Need as they can sometimes help fund them. Rather than DS’s attachment to one particular pupil focus on his placement at the school not being incompatible or unsuitable. Get the LA to state the specific reasons it is unsuitable and incompatible. Take each reason and disprove it using evidence. If possible, alongside this, demonstrate why the other school is unsuitable.

Thank you. That is very helpful advice.