Named secondary school appeal advice for child with EHCP/ASD/ADHD (urgent advice needed!)

[secondaryschooltrouble]

Hello, I found the mums net forums really informative on finding out thing about about EHCP and schools etc.. Here below is our case, which started to look problematic and we are currently unsure what to do next, so any advice is very much appreciated.

Our DS is in year 6 in primary school in the LA of Islington. He is been diagnosed with ASD, and very recently with ADHD. DS has speech and language delay. On the positive site DS manages ok at his primary school, but is likely quite behind on most subject compared to his peers. For the very recent ADHD assessment, it was clear that speech and language understanding was quite affected, but it was also concluded that DS does not have a learning disability. We, as parents, feel that DS might be ok in mainstream school (if everything is well organized), and think think that a dedicated special needs school may hamper his development. So we have opted for a local mainstream secondary school in the LA of Islington because DS really wants to go there and the school also provides a good learning environment (as the first choice). We live just outside the borough and the funding comes from LA Hackney. After more research we also opted for secondary school in Hackney as a second choice that specializes supporting children with ASD.

I would not be writing if everything is well. So far several things went wrong. In early Feb we received the updated EHCP without specific mentioning of secondary school (just saying mainstream school). Then we heard nothing. After much pushing from answers, we found out both of our choice are rejected, and instead another school was offered (almost a month later than the 15/2 date that we were supposed to know). This school is an upcoming school that serves a local community that we are not part of, and likely does not have resources to provide support for our DS.

We are unsure what the next step is. The our LA seemed have deliberately delayed or were unwilling the communicate the outcome for some reason. My main question is how do we need to proceed? An appeal seems unavoidable. Do we appeal directly to (both) schools or with the LA of Hackney directly only or both? Should I try to reason with the LA? I noted that timeline of appeals to school is very soon, e.g. deadline 30/3.

Please, any advice is welcome. We are sort of desperate.

You appeal to SENDIST, not the schools or LA. The deadline for appealing is 2 months from the finalised EHCP or 1 month from the date of the mediation certificate, whichever is later. With the finalised amended EHCP you should have received a letter explaining this and giving details of mediation etc.

Consider appealing B&F as well as I as they will be written to support the placement the LA have named in I. Don’t bother with mediation. LAs 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 and submit to SENDIST.

Why have the LA refused to name your preference?

Unless your preferred school is wholly independent (is it?) the LA must name it unless the LA 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.

Thank you for the clear advice. This is already very helpful!

To answer: why have the LA refused to name your preference?

The process of getting an answer on school choice for LA was really strange. I had to write to EHCP coordinator many times, and eventually a letter by email was send w/o a reason only stating that our first/second choice were unable to offer a place. I guess, I need to chase up with both schools to ask for the reasons? I can speculate that possibly a combination of reason 1 and 2, as sections B&F make it seem our DS needs a lot of support, though I am not expert on this. His teachers said he should be ok in a mainstream school (off the record). However, if true that both schools are unsuitable, then any mainstream school will not be suitable for DS including the ones that are offered instead. Possibly an underlying reason is that both schools we listed are oversubscribed/popular, while the school offered is undersubscribed.

I will look into getting the mediation certificate asap, and I hope we can get a good solicitor the short-time that we have to discuss to our case.

Does it makes sense to contact to schools (talk to headteacher/senco), in my experience it was nearly impossible to get in touch. Also is it worth talking to LA or are they just going to work against us?

It is the LA who decide what school to name. Wholly independent schools aside they can, and must unless the LA can prove one of the reasons in my pp, name a school that objects. On its own the schools being oversubscribed isn’t a lawful reason to refuse to name your preference. So chase the LA. Submit SARs to the LA, both your preferred schools and the named school.

However, if true that both schools are unsuitable, then any mainstream school will not be suitable for DS including the ones that are offered instead.

This isn’t necessary true.

Don’t feel you have to spend money on a solicitor. It isn’t essential. If you do go down that route make sure they have SENDIST experience as otherwise they can cause more harm than good. If money is limited focus on independent assessments. Check whether you are eligible for legal aid too.

Thank you so much. Very helpful again. Just to clarify the term SARs (subject area requests?), is the underlying information that led to the decision. Both the LA and schools are required answers SARs form the parents?

I am indeed hesitant to ask solicitors as it is kind of gamble whether they are helpful. On the other hand, we are clueless on how the EHCP B&F sections needs to be updated/rewritten in way that it will be helpful. What kind of independent assessments can be helpful? The EHCP is in place (we have formal diagnoses with ASD and ADHD including several expert assessment reports). Again we are sort of clueless on this.

I agree. Definitely SENDIST...
Rather than spending money on a solicitor, go to a local autism support group for local guidance. They will know who / what / where etc...

Local Parent Partnerships are a very good place to start usually.
www.autismlinks.co.uk/support-groups/group-support-london/hackney-parent-partnership-service?region=London

Strange as it may sound, sometimes it is worth just calling and talking to your child's EHCP lead at the council. Ask them what your options are...

They may well guide you in terms of who to go to for support.

This is actually mentioned on the Hackney local offer page...
www.hackneylocaloffer.co.uk/kb5/hackney/localoffer/advice.page?id=Z8ToQhRvE7E

Yes, subject access requests. I would request all information held by the 3 schools. And anything from June/July 2022 onwards held by the LA.

Independent assessments could include things like ed psych, OT, SALT, clinical psychologist, psychiatrist. It depends on DS’s needs and what evidence u already have/how good it is.

Don’t rely on the LA telling you what your options are and support available, they will tell you what they want you to know and their unlawful version of the law. Be careful with SENDIASS too, some are good but far too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

Thank you. We are now trying to work through this chaos.

One thing are currently completely unsure about is about the time line or in other words when does the two months time-line appeal started.

In short, we received EHCP from our LA stating "mainstream school" on type of setting, but NO information on "name of setting" with an accompanying letter saying the setting is still under negotiation (this was early February). This was signed by LA, but at the same we are still amending the ECHP with coordinator, and made several amendments since then.

Early March we received a letter by email stating that our preferred choices were unable to offer a place, and instead another school was suggested to which we have objected to.

Do we have to assume that early February is the start date or early March? If the first, we will be running out of time to get everything together.

Sorry for more asking more advice on here, it is hard to get in touch with IPSEA and SOSSEN.

The 2 months starts from when you receive the finalised amended EHCP with the letter informing you how you can appeal etc.

Regardless of when the 2 months started you need to submit an appeal ASAP because appeals are taking a long time, and whilst phase transfer appeals are prioritised you still need all the time you can get.

Even if the 2 months is from the early February date there is still time as getting the mediation certificate extends the deadline to 1 month from the date on the mediation certificate. And you don’t need to send everything at the time of submission if you are waiting to get evidence you can send additional information/evidence at a later date.

Thank you. Wow. That was not clear to us at al. It almost feels like that the LA was trying to trick us. We will prioritise getting the mediation certificate asap. Do you directly let the LA know directly that we are going to appeal? I guess they will find out soon as we contact the mediation organization.

Here is IPSEA’s page that includes all the information the LA should give you in the letter with the finalised EHCP.

The SARs worked. We now know that our preferred school had rejected the application on the grounds of "The attendance of the child or young person would be incompatible with the efficient use of resources." The school took the negative aspects of the EHCP as arguments (some of which were out of date). It feels that our preferred school (not LA) is not willing cooperate.

We are now in strange situation that we have the prove in the appeal that DS is able to attend our preferred mainstream school with an EHCP. Alternatively, we give up mainstream, and a find specialized school (which would be nearly impossible in the time given). In that case the EHCP needs to re-written in way that helps to get into specialized school. Our views (and the informal opinions of this teachers) have always been that mainstream should be possible. The LA had listed mainstream in our DS EHCP. We are currently unsure on the right strategy.

Appeal.

Incompatibility is a high bar, much higher than many LAs care to admit. Case law shows it is more than an “adverse effect”, “impact on” or “prejudicial to”.

Ask exactly what the incompatibility is. Compare the costs between the preferred school and named school.

It feels that our preferred school (not LA) is not willing cooperate.

Ultimately it is the LA because unless the school is wholly independent the LA can name a school that objects, and they must unless the LA can prove the high bar for one of the reasons in my pp.

Just seen your post.

Definitely follow floating beans advice and get an appeal registered immediately.

Have you contacted Hackney Sendiags for advice? Try asking if you can speak to Joanne. A friend of mine is in Hackney and got good support from her.

Do not trust the LA an inch - sorry to say it, but my friend is having a dreadful experience with them.

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

Can you argue for multiple secondary schools in your appeal form submission SENDIST? We are still deliberating between multiple school, possibly independent schools too.

Just describe the type of placement you are requesting.