EHCP Named school appeal

[Twotwinpeaks]

Hi, I'm after some advice. My DS aged nearly 5 has complex special needs and has finally had his EHCP approved and a named SEN school offered.

The named school could meet his needs but it's the one 4th closet to our home and 40mins away. Our first choice school has better provision and is only 5 mins away. Our preferred/nearest school did say they could meet DS's needs but the LA say it has 'capacity issues' hence they named a different school on the plan. I am appealing.

DS should have started reception last year but his ECHP had not been finalised and we hoped holding him back a year would mean he'd get a place at our preferred school. Due to his conditions and Autism we chose to keep in his his nursery setting as he was a summer born child so this was legally permitted. He does not like change and struggles with transition. However, nursery could only offer him 15 hours per week as they claim not to have been able to recruit the suitable staff - so I felt let down all round.

The main issue I face now is that DS has travel sickness whenever we travel more than 20mins or so. He vomits and requires a change of clothing en route and the car often has to been cleaned. He is non verbal so there is no warning of when he will be sick, but he feels uncomfortable with longer distances. This is an on-going issue whenever he has to attend medical apts further afield. Otherwise we simply stay local as a family. I am very concerned at how an 80 min daily commute there and back will impact DS. What would the expectations be around this? Do the LA provide suitable transport or would we be expected to travel with him? It would require both me and DH as one of us would need to sit with DS due to his vomiting. We both currently work so this would be logistical hard.

I'm thinking to include the travel sickness issue it in the appeal but not sure if it carries any weight. I am willing to take DS to the GP and see if he can be given some anti-vomiting medication otherwise. In one sense I'm grateful that we do finally have a named school which is appropriate, so I'm not sure whether to get a solicitor to help with the tribunal appeal or whether to just accept what we've been given.

I feel I've lost all my fight as the whole thing has been such a battle but I know I need to step-up and be the voice DS will never have. Any thoughts would be super helpful. Thanks.

For non-wholly independent schools 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.

On its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. This is a higher bar than many schools and LAs claim. You should ask the LA exactly what makes admitting DS incompatible.

Generally, 45 mins is considered the maximum reasonable travel time for primary. If DS is unable to travel that far you should get evidence to support the need for a closer school. Transport (and an escort where necessary) can be provided. You don’t have to take DS.

Alongside the argument DS can’t travel so far, look at the differences between the schools to find why/how the preferred school can meet DS’s needs but the named school can’t and you will need evidence to support that. How are B&F? You should consider appealing them too because the placement named in I is the logical conclusion of B&F. Consider if you need independent assessments. A solicitor isn’t essential. Unless money is no issue you should prioritise independent assessments over legal representation. It is evidence that wins tribunals.