SENDIST Appeal re named school - school saying they are full

[SilverLiningSearching]

The school has previously claimed that DS profile not suitable for the school, now we have gone for appeal, they are saying he does meet their criteria, but they have no physical space for him. They said they will give him a place next year.
The LA have failed to consult me while they engaged with our desired school ( which is the only one in LA that can truly met his needs), and have tried to fob me off with a totally inappropriate mainstream school previously.

I really don’t want to put my autistic DS through 2 transitions/ high schools, but he is not in school at the moment as I will not send him to the school the LA have named on the ECHP - this is a special school, but not suitable for DS, lacking vital facilities he needs.

I have considered looking for another school out of the LA, but I expect they will be full too, and they would cost the L A even more. Has anyone else been in a similar position?

What type of school is the school you want?

You have a right to request any of the following types of school or college:

• A maintained school or nursery (mainstream or special)
• An Academy (mainstream or special)
• An institution in the Further Education sector
• A non-maintained special school
• A section 41 school.

These are listed in section 38(3) of the Children and Families Act (“CAFA”) 2014.

(See here on types of school and college for more information on what these different categories mean.)
www.ipsea.org.uk/types-of-schools-and-other-settings

A specialist unit or resourced provision may be a separate institution or part of a mainstream school.

The only reason the local authority can refuse the request is if:

• 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.

This is set out in section 39(4) CAFA 2014. The LA has to prove that at least one of these conditions applies in order to dislodge the parent or young person’s preference.

Unless it would involve mega expense like building a new classroom or employing another teacher, the LA can still name the school even if they say they are full.

Thanks for your response Ellie.

The school we want is a special school academy within our LA. The LA are using the incompatible with the provision of education of others , and incompatible use of resources argument.

However despite claiming they are full, I have found out that the school capacity is 350 and the current cohort is 300. The school is also spending 10million pound on expansion, to be completed by next year.

It’s bonkers really, oh and the LA never told me directly that my son did meet the suitability criteria for the school, I found out last week the school changed their position on this 2 months ago

If DS goes to the school they have named on the ECHP I know it will go badly, it is also a special school but it isint suitable.

They have to have really good reasons why is it incompatible with the provision of education of others , and incompatible with the efficient use of resources. Have they said what they are?

The other option is to look further afield and see what is available in the neighbouring LA and look at Section 41 schools and wholly independent schools.

To search for schools by local authority:
get-information-schools.service.gov.uk/

Section 41 special schools:
www.gov.uk/government/publications/independent-special-schools-and-colleges

Independent special schools:
www.specialneedsguide.co.uk/

No they haven’t provided any reason why, only that “there is no physical space”. The data I got regarding school capacity was from the government school census from earlier this year.

I would have to go out of area to an independent for a comparable school. I will look at the links you have posted.

I found out sons special school would not be offering GCSE opportunities except in Art. Our child is good at Maths and Sport in particular but also enjoys Science. His school agreed he could achieve GCSE legal but stated not enough kids in each subject could do not viable. I found another special school who did offer GCSE in Maths, Science and BTEC in Sport and Food so I wanted to love him at start of year 9. Told other school full. Appeal led and told he could move for beginning of Year 10. Disappointed with loosing a year but he has moved now.

@caringcarer did your DS struggle with changing schools?

I am increasingly thinking of accepting the place for 2021 at our desired school, my solicitor is rubbish and I’m getting so stressed with it all.
But then I think it’s unfair to uproot DS after one year, there is also the worry that the LA would withdraw from placing DS at the school when 2021 comes around.

We were very worried how he would cope with the change. He has settled in well as he found he knew one child albeit not well. They have completed a series of test in various subjects this week and it turns out he is with other child for form and English but nothing else. Again I worried but today he came home and said he had made s friend who is not in his form but is in his set for Maths and English. He is amazing us.

School may have 350 places on paper but if they have a large number with severe or complex needs then the 350 places will reduce. Those spaces are also split across different yr groups or key stages so again it may be that the key stage / class is full.

That’s interesting @FecktheBoss, thank you.

Unfortunately my daughter has spent half a term at a mainstream high school. We started tribunal process which obv the LA didn't want so we compromised and she now starts at a specialist school on the 2nd Nov
However we did have to concede that our chosen school wouldn't be an option and with LA found a private school they are funding

Well we had our tribunal hearing on Friday, apparently the ‘test of incompatibility’ is a strong one for the LA, but we await the judges determination.

I think my son will refuse to attend the named school on the ECHP, so hope the tribunal make the right decision.

Following with interest, please update us when you hear! Really hope you get the result you need.

Thanks @CompassNorth, still waiting, I was told we would find out within 15 working days, it’s day 13, so it’s squeaky bum time here!

Good luck!

We won

The long wait for the judges decision (16 working days) was worth it. The judge found that the LA had failed to provide compelling evidence that the inclusion of DS to the class would be incompatible with education of others.

Well done huge congratulations!

Thanks Lottie