Named secondary school appeal advice

[WigglesWaggles]

Hi,

My DS has ASD and an EHCP. The school he has been allocated was not one of my choices. He has been allocated a facility within a mainstream academy over the special needs school I viewed and would meet his needs perfectly.

I've never appealed before and feel frankly overwhelmed by the process. Can anyone give any advice. What kind of case do I need to be building. What should I focus on.

The allocated school have stated they can meet his needs however my gut is telling me that it isn't right.

He is working at 2.5 years below his age and currently isn't expected to achieve GCSEs gets very overwhelmed with big environments with lots of people. Has significant educational and social needs and currently receives a lot of support in a very small setting with a ratio of 2-1 (children to adults).

I don't see how a mainstream academy can provide this level of support. I really want to get this right and feel kind of desperate and confused about it all.

Hopeful bump x

What type of SS did you want? Is it wholly independent?
Unless your preference is wholly independent the LA must name your preference unless they can prove:

• 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.

Advice is to appeal B&F as well as I because I will be written in a way that supports the placement the LA have named in I.

Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs often use it as a delaying tactic, if they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate.

Do you have evidence? Consider getting independent reports. If you can’t afford them get in contact with Parents in Need. Check whether you are eligible for Legal Aid.

Does DS’s EHCP specify ratios, TA support, class sizes, school sizes etc.? On its own working 2.5 years behind expected levels wouldn’t necessarily indicate a SS is required.

@Imitatingdory I've no idea if it's independent it's part of an academy trust.
No idea what the B&F is, sorry I'm fairly new to all of this.
Thank you for the advice on mediation, I know the LA try and make this process fairly difficult and try to drag it out a lot. I will just get the certificate.

I have booked a visit with the allocated school and spoken at length with a staff member who says the curriculum might be a significant issue due to his ability and did advise me to go forward with the appeal.

I didn't know I needed evidence, I cannot afford any reports but I will look at parents in need thank you.

DS EHCP states that he needs to work in small groups of up too 8 children. In his current setting staff ratio is 2 children to one staff. The allocated school is 1 staff to 10 children. He needs almost constant support from staff when actively doing work. He doesn't currently use a pen it's all on a tablet with a word predictor.

The EHCP also talks about the need for 1-1 at multiple times throughout the week for 45 minutes here and there for various things that really adds up. He has significant educational needs along with social and emotional ones.

If the SS is an academy it isn’t independent, therefore the LA can only refuse your preference if they can prove one of the 3 reasons above.

B&F are sections B&F in the EHCP.

It is evidence that wins tribunals. Check to see if you qualify for Legal Aid.

Also, look at IPSEA and SOSSEN. They both have advice lines too.

Is the 1:1 and small groups of up to 8 pupils specified and quantified with no woolly or vague wording such as “access to”, “would benefit from” or “or equivalent” etc.?

The school will have other pupils 2.5yrs behind. It’s not unheard of at secondary.

@Imitatingdory thank you for ok the advice.

Everything in the wording regarding provision states 'needs' / 'requires'.

I'm going to give amaze a call in the morning and see how they can advise. I feel so overwhelmed with it all.

Be careful with SENDIASS, some are good, but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

Ipsea has some good advice about appealing for a school with an EHCP if you've not seen it already:

www.ipsea.org.uk/appealing-against-the-school-or-other-setting-named-in-your-ehc-plan

Have you spoken to your Ds's caseworker at your local authority? Did they consult with the school that you requested? If so, what did they say?

As Imitatingdory has said, the wording in an EHCP can be key. I know a DS who didn't have Speech and Language support for three years as his EHCP said 'needs access to SALT' - without it being quantified it literally meant nothing.

How up to date are the reports that you do have for Ds? When was the last time he saw an EP? If you do qualify for Legal Aid, I believe they will be able to advise with regards to getting new ones done.

In your Ds's EHCP, section B should list ALL his needs/barriers to learning. Then section F should detail what is going to be put in place to address them. Some good info here:

www.ipsea.org.uk/what-an-ehc-plan-contains

I second booking in a call with either Ipsea or SOS!SEN. They have free advice lines. They are very busy though so you may have to try daily to book a call. I've used them both in the past and they've been very helpful.

Thank you for this. I have just spoken to the case worker at local authority and she said the school I chose was consulted with and they said that they could meet his needs and he would be very well placed there.

I am going to ring around and try and get a few phone calls advising on how to move forwards. I feel the EHCP may be a bit foggy.

All the reports were done a couple of years ago apart from SALT which I have a recent report for. Last EP was probably when he got the EHCP 2 years ago which in itself was a huge fight as the school were unprepared to do it.

You are likely to need more up to date assessments, other than the more recent SALT report. IPSEA’s advice used to be reports over 2 years old were our of date. However, more recently SENDIST have been preferring reports with the last 6-12 months, and discounting (or not taking as much from them) older reports, ordering new assessments etc.

Just updating this. Have been to visit named school with current teacher. Named school did have caveats about meeting his needs when responding to county. After hearing more about DS from myself and current teacher, named school feel it is the wrong place for him and two members of staff are speaking to county about their concerns.

Have also contacted the school I asked for and had a chat with the headteacher. She said the school named is inappropriate due to significant barriers to learning and the amount of support needed to access the curriculum. She did speak with current senco at the time of responding to county who agreed he would not cope in a mainstream school. Headteacher of preferred school is going to speak with APO and APO manager and express her concerns.

I was told not to worry too much as it has happened with another child in the same circumstance where they simply changed the school, but she did say it might not be so straight forward.

I am in any case waiting for the mediation certificate and getting evidence together in case I do need to go to tribunal. Finally feel some hope.

That sounds positive.

Have you followed up those conversations with emails? If not, do so, so you have a paper trail of evidence.

I did ask about that. Head of preferred school said she would email me once she had spoken to county but wouldn't CC me in so as not to antagonise them.

But I have spoken with everyone involved and they are all happy to put things together in writing for me should I need to go forward with the appeal and all have said they will do what they can to help going forwards.

Current school have also now said they will contact county with their thoughts also.

I do have a bad feeling the EHCP is what it causing the problem here. I'll be honest, I don't understand it as much as I probably should. In the EHCP it states he is 2.5 years behind. The teacher verbally said to the new school and myself that he is working at the level of a year 1. Huge difference.

I wouldn’t wait for them to email you. Send an email summarising your conversations, you don’t need them to reply but it gives you evidence should you need it.

Even if you sort the school you may need to appeal the EHCP anyway to improve B&F.



Thank you. I've done this thanks to your advice.

Fine tooth combed through the EHCP and there has been a huge mistake in there. They wrote he was 2.5 years behind. However, the annual review paperwork shows he is in fact 5 years behind.

Have sent LA the evidence that it was in the annual review paperwork. Just waiting for someone to get back to me about next steps. Still no luck getting hold of any of the helplines.

The current teacher has also emailed the LA with evidence and said the mistake has impacted the allocated school. Fingers crossed.

Final update from me. Thank you for all your advice. The EHCP has been amended and the school I asked for in the first place has been named in the plan with a guaranteed place for September. Thank you x

Brilliant news.