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DD turned down for place at chosen school.. Help to appeal

33 replies

Toots38 · 10/02/2015 16:02

Bugger. We chose a brilliant school for DD to start in Sept. But she has been turned down. The school say they are full. It's out of borough, but we live on the border. Our local SN school is not suitable because of her communication and health needs. This has been agreed by therapists working with DD.
Our LA are taking ages to provide me with info.. We are being pushed to send her to the local unsuitable SN school.
What can I do. How do I appeal to our school of choice? A general plea for help!

OP posts:
Toots38 · 12/02/2015 17:07

So here's an update.
LA are saying I need to sign draft EHCP with no named school in order to appeal for number 1 choice.
I have a number of amendments to make, they are saying they will insert these. Most for the reports for the EHCP are at least 8months old but just under a year, so they won't re do them.
By not signing I am holding up chance to go to tribunal and secure school no.1.
Ipsea advisor also said its ok not to have a named school when I spoke to them on the phone.
I'm trawling the web looking for schools, so far no indie schools look suitable.
I feel I am being pressured to sign the EHCP. But maybe if my amendments are inserted, to have no school named might be ok? I don't have any other school option at the moment, just one potential school to visit at the end of Feb.
Any wise thoughts?

OP posts:
fairgame · 12/02/2015 19:02

The name of the school HAS to be left blank by the LA in a draft EHCP. That is the law.
It is then up to you to ask for the school you want.
I would name the school you want. They will then send out the final EHCP and of course your choice won't be named. You can then appeal the final EHCP.
If you don't request a school to be named then the LA will name their own choice. Of course you can appeal this when you get the final EHCP.

Icimoi · 12/02/2015 19:31

There is no requirement that parents sign the EHCP. Only the LA has to. They still have to issue the final EHCP within the time limits if you refuse to sign.

Toots38 · 16/02/2015 19:02

"A final EHC plan will name both a type of school/college and usually name an actual school/college. Once named in an EHC plan the school/college must admit the child or young person and put the educational provision in the EHC plan into place. This can happen even if the school/college argued at the draft plan stage that the child or young person should not be placed with them."
From IPSEA website. So I ca get school no 1 named in final, even though they have said no, then go to tribunal?

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fairgame · 16/02/2015 19:49

Yes ask for your choice to be named. If they don't name your choice then you go to tribunal.
If school number 1 is named in the final then you won't need tribunal as they will have to admit your dc.

Toots38 · 25/02/2015 21:22

So I've found two substitute schools for DD. Both are miles away, an hours journey door to door. One is state one is indie.
What should I do? Can I name them both ?

What I want to do in the end is go to tribunal to get into the school that has turned us down. But I need to names school in the meantime to ensure dd is not forced to go local SN school.

OP posts:
fairgame · 25/02/2015 21:55

No you can only name one school. Name the one you have been turned down for because that is the one you will be appealing for.
You can't put your child into a substitute school and then appeal. Once you have agreed to place a child in the named school then they will stay there for at least a year until the annual review or if the placement breaks down.
The la cannot force your child into their choice while you appeal. Your child will stay where he is with the support detailed in the ehcp until your appeal is heard.

senvet · 25/02/2015 23:11

Also, once you have the appeal rolling you can change school if you want to. It might cause an adjournment.

So I agree, start with the one you really want in the EHCP.

You can change later if it seems wise - but I am hopeful that you will find the evidence for your chosen school. Parents gut reaction tends to be a very reliable.

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