Section I Appeal

[NinetyFour]

Hello all,
My daughter has had her annual review completed lately but it was more than 2 months late and only finalised in late April. LA is proposing her Key Stage 3 transfer year is 2024 which I am objecting to as she has been behind chronological year group for 6 years and is a summer child. LA accepted move to specialist school but did not name a school in section I (only type named). I am appealing as parental preference was not named. My hearing date is now after September due to the delay in EHCP finalisation. I would like my daughter to keep attending her current school (independent mainstream) but with increased 1:1 until appeal and specialist placement is agreed. For the appeal does someone know if it is possible amend the appeal to add a second preference school? Thank you

I would like my daughter to keep attending her current school (independent mainstream) but with increased 1:1 until appeal and specialist placement is agreed.

Has the LA agreed this? Have you asked how the LA intends to ensure DD receives a suitable full-time education and anything detailed, specified and quantified in F come September?

Focus the appeal on your preferred placement.

Thanks @BrumToTheRescue , no LA has not agreed to keep my daughter at her current school yet. The school has send over the request but no responseso far aas received.

I have requested several times for the LA to explain how my daughter's full time education will be provided come September but have so far not received a response. My preferred placement is a section 41 school but they are now at capacity. I know that being full in itself is not enough to refuse to name the school but fear that once the new school year has started it will be easy for the LA to prove that they are so far over capacity they can no longer admit without impacting others' education.

I would hold your nerve, especially if the LA doesn’t have a school to name. They may well concede between now and September.

Obviously there comes a point where LAs can prove incompatibility, but that threshold is higher than LAs and school like to admit. The threshold is more than an “adverse effect”, “impact on” or “prejudicial to”.