Appealing secondary place

[Mrspopper]

we have found out DD secondary place. We have not got our preferred school. We have been given the right ‘type’ of school but we would like to appeal to her first choice if possible. Any advice from anyone is gratefully received and good looking luck to all those finding out!

[Mrspopper]

To add she has an EHCP

[TomeTome]

Is the school you want named on the ehcp?

[Mrspopper]

No they’ve named the other school
without any consultation

[Mrspopper]

It’s an inadequate school

[SearchingForSolitude]

Definitely appeal. You should appeal B&F as well as I. They will be written to support the school the LA has named in I. Don’t bother with mediation, just get the certificate and submit to SENDIST ASAP. LAs use mediation 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. Make it known it is a phase transfer appeal.

Has the LA said why they have refused to name your preferred placement? 

Unless the school is wholly independent (is it?) the LA must name your preferred school 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.
The bar to prove the above is high. Complain the LA has not consulted with your school.

[Mrspopper]

I suspect it’s as our preferred school is oversubscribed and maybe done on distance.
both schools are state specialist with same SEN area of need.
have requested copy of consultation and response but have so far been ignored.
have submitted the appeal.
thank you

[SearchingForSolitude]

Ah, when you said without any consultation I thought you meant the LA hasn’t consulted your preferred school. If the LA is ignoring you, make SARs to the LA and school.

Being ‘full’ (which is not defined in law) is not enough of a reason on its own to refuse to name your preference. The LA has to prove the school is so full admitting DC is incompatible. There is a point where LAs can do this, but the bar is far higher than many LAs admit. Unless the LA can prove one of the exceptions in my pp the LA can, and must, name the school regardless of the school’s objections.

Have you thought about whether you need independent assessments? 

[Mrspopper]

I don’t think independent assessment would help? Schools are both for MLD and have similar curriculum offers. So we’ll try with appeal but I’ve lost so much faith in the system. Her friends from specialist primary all have places except her. Thank you for responding.

[SearchingForSolitude]

B&F will be written to support the placement the LA has named in I. Independent assessments can support amendments to them that will support the naming of your preferred school in I. There will be differences between the schools even if they are both MLD schools offering similar curriculums. Think about why it is your preferred school.

Also, unless F was originally secured via SENDIST, it is often the case that F can be improved/make more watertight.

Unless you already have watertight evidence you should seriously consider independent assessment(s). If you can’t afford them and are not eligible for legal aid, Parents in Need can sometimes help.

[Mrspopper]

Thank you

[Zyq]

SOS SEN have just done a webinar on appealing and you can get the recordings - https://sossen.org.uk/services/webinars/