SEN appeal asking first choice school to reconsider

[Aya1979]

Hi everyone.

My son has an ehcp and did not get his first choice school named in his plan. We are appealing but the first choice school have said they can't meet his needs, which I disagree with. They based their decision on the impact on other students and appropriate use of resources. My son has never been disruptive in class, his main issue is retaliation when he is bullied in the playground. He is very quiet in class. Another reason is aptitude because he is quite below the required levels academically. They have also said admitting him would be inappropriate use of resources.

I was recently advised to ask the prefered school to reconsider their decision about meeting his needs. Is this something worthwhile doing? If so, how would you go about it?

Thank you in advance

Another reason is aptitude because he is quite below the required levels academically.

Is the preferred school selective?
Or does the preferred school think your DC should go to a SEN school?

(You may be better off getting this moved to the SEN board. If you report your post to MN they can move it.)

Afternoon @Aya1979 - we've now moved your thread over to our SEN topic. We hope you get some valuable advice and support from fellow MNers and best of luck with getting things sorted for your DS.

Is the school wholly independent? If not, you don’t need an offer of a place. The LA can name a school even if the school objects. The LA must name your preference 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 this is higher than many LAs like to admit.

Thank you.
No, the named school is a mainstream school also.

And the preferred school is mainstream academy.

Have you informed SENDIST this is a phase transfer appeal?

As the school is an academy you don’t need the school to offer a place. By all means ask them to re-consider, but they can be named even if they object.

Have you asked exactly what the incompatibility is?