Moving schools with statement - can we ask for schools even if they have 'waiting list'?

[MikaAna94]

Hello MNers, We are looking to move, My boy is in Y2, HF ASD + ADHD, has SEN statement (20 hrs a week support, SALT etc ). Now when I call around for appt for school visits ( and meet the SENCO ), most of them are saying 'you are welcome to to visit but we are completely full, have a waiting list.'

Now just wondering what are our rights? looking for advice on what I can push for/entitled to. Can we ask for any school I find my suitable for my son? If the school has 30 intake a year and is full, can they ( legally ) make provision for an additional student with statement?

many thanks,

I had this with DS2. Ime schools say 'no' when they are full but the LA SEN dept can over-ride this. Both parental preference in the next village and catchment were full. The LA chose the catchment school and named that school, despite the fact we had named the other one. The LA said we could apply tribunal to challenge their decision but it would stand if or until tribunal ruled differently. The choice is then whether to appeal and whether to go along with the LA choice until hearing.

If the school has 30 intake a year and is full, can they ( legally ) make provision for an additional student with statement?
yes
the 30 max rule is for key stage 1 I think, and can be overridden by a child with a statement.

Not easy, but certainly legal.

For further up the school it is easier as they are really saying 'we prefer to stick to 30' but that is their choice.

I think the statement may put your dc at the top of the waiting list, but that would be with LA backing, I think.

When it comes to appeals etc then IPSEA say this

Element Two – incompatibility with the education of others
This is the test which is often referred to when a school is said to be “full”. However what the test requires, if it is to be used successfully by an LA, is that it is likely that adding just one more child to this school or other institution will create incompatibility with the education of others. This is not the same as showing that the addition of a child or young person will in some way impact upon the education of others. The test is whether the impact is so great that the child or young person attending the school or other institution would result in an incompatibility which cannot be resolved by the special educational provision being put in place as detailed in the EHC plan. The facts need to be examined in each case and this has been found by the courts to be a high bar.

Good Luck