How can I prove school can not meet needs? Transport based…..

[Four4me]

I'd appreciate some of your experience please?

My dc1 is 11 and starts year 7 in September, he has Downs and is still got a statement (not transferred to EHC yet). He has been well supported at our local mainstream primary. We have looked at both our local mainstream secondary (1 mile away) and another mainstream 7 miles away and the closest special needs school (also 7 miles away).

The 7 mile away mainstream was our preferred school (PS). The local school (LS) has had a period of staffing issues including the senco leaving and one not being in post as we looked round.

The PS has a large learning support department, which has a fabulous reputation, lots of experience, loads of appropriate resources and a few other children with DS some of whom my DS1 knows through sn swimming squad. Close links with the sn school.
LS has minimal resources, no experience of DS children or others with his academic levels.

So last October when I applied of school place I selected PS. Which fast forward to this year has been put onto Part 4 of his statement, with a paragraph stating that it is parental preference and no transport would be provided.

I appealed this decision and basically the new in post senco (who has seen his statement) wrote a one line email stating that they could meet his needs at the Local School. He is still on p scales in most areas academically and they didn't have any appropriate resources, any idea about how they would incorporate his academic level into the classroom with the NC. In fact the head of year 7 that we met with seemed overwhelmed with the level of need ds1 has.

The appeal was horrible and I was very emotional, I felt like I was in the wrong for asking for transport for ds1 to access an amazing educational opportunity. He is not capable of travelling independently at the moment. I have three younger children to get to primary school at the beg/end of the day and it is not logistically possible to get to the two schools and all of them being on time.

Sorry.. Basically I need to prove that the local school can't meet his needs to have any chance of getting support with transport. I've made a list of his needs, academically, emotionally, socially etc but what I need help with is how is it objectively measurable to show a school is unable to meet needs? Any advice will be gratefully received.

Am have posted in sn education too.

Late joining but would but showing interest in the thread hope you get a positive outcome. We had to give into transport to get our choice.

I had filled in the wrong form bjk thanks for spotting that.

I've done the correct one also now and sent it with all the documents they require (most of the appendices from the statement were from 2009, I've been digging through boxes of documents like mad all night, we've moved house twice since then!)

I will give them a ring on Monday to check, the transport appeal result letter was delayed due to staff sickness so I've added that to the covering letter as I'm so close to the cut off time. Yikes!

So now I'm going to ask some friends in the know if they can recommend a local experienced EP to get on the case too.

I've aged about twenty years with all this and it has made me realise I need to thoroughly read all documents as they arrive and not naively think that everyone is on our side. I do feel a bit foolish that this is so chaotic, but I've been trying to deal with it all whilst juggling four primary aged children, school holidays, working PT and a DH who is working his arse of with his small business and often away from home.

I'll report back....

I suggest you contact SOS SEN about EPs - you really want one that is experienced with tribunal cases.

You have to be adamant that mainstream is not an appropriate placement for your child, but that this particular one you are wanting has such specific resources that fit your child so well that you feel your child might have a chance, and that this last chance at mainstream is what you are seeking.

You will not accept the local one. It is inappropriate and you are not prepared to put your child into a placement that will lead ultimately to the requirement of a special school placement and the consequential disruption to your child and his education. They might be able to meet some needs of some children, but not the specific needs of your child at this time.

Then you need to get an EP to endorse what you say (if they are able to) and a list of provision that the school you want has that the local one doesn't with an explanation of why it is essential for your child.

You must try hard to be neutral about the school you don't want, rather than suggest it is anything terrible. It is simply unsuitable for your child, not 'bad'.

Thank you, I'll contact SOS SEN tomorrow, I did try to phone them last week but they were shut for the holidays.

Yes Starlight I will do that, in fact the local school is a good one and most of my friends children go there, just isn't the right place for dc1 when so near is a school with a large amount of children with similar needs and close links to the special school (it is walking distance between the two and they share a sixth form etc).

How would he get to closer school? Is he able to travel independently?

Can you argue that due to his SEN, not distance, in addition to your family need to get other kids to school that you will need transport for ANY secondary school if he is unable to travel independently (as most yr 7's would start doing)

Just a thought. May not be relevant.

Get hold of transport policy for your la and see what criteria is?

Yes kwtchup I did point this out at the transport appeal, the local school is 1 mile away, but honestly don't think he would cope with walking there (he definitely could't walk independently, he can't safely cross the road at present), manage pe, break time and walk home. His stamina is limited and he walks so slowly. I do have a letter from the physio saying this which I took to the transport appeal, but the main focus was on not providing transport to PS and because LS was less than 3 miles no support would be provided. I will argue this point further.

I wish I had you all here to help me pull it together, I'm so emotional about it (which is quite unlike me), probably a psych would say emotionally I've receded to the diagnosis day feelings. I just burst into tears when dd1 (5y) offered me a chunk of her kinder egg!!! The lack of sleep is not helping.

I'm spending this afternoon listing his needs in detail and tomorrow I'm hoping to get some replies to emails as school term starts here again.

Are you sure that the SEN school might not be the one to push for?
Have you looked round it?

Yes Bran we have been round and really liked it. It has very close links to PS. They share a sixth form. The head thought a dual placement might be a good plan, I want ds1 to settle at one setting to start with. Also PS has loads of drama, singing clubs etc which he loves even if he is a bit tone deaf so in some respects another reason we like PS is because of the Sen school.

It might be worth contacting a lawyer about the transport appeal - you might be able to look at a judicial review in your son's name and therefore with legal aid. If the panel concentrated solely on the fact that the school is within 3 miles they got the law wrong, because it's perfectly clear that that's not the only criterion and they have to take into account things like health and special needs.