Appealing State School on Grounds of Disability

[mumofone2004]

Hi mumofone2004

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Sally-Anne

Hi Sally-Anne,

I think I have applied to your private message but I am unsure as I am new to this and am not very tech savvy!

[Sally-Anne]

Safely received, thank you.

[spud04]

You can definitely be categorised as having Special Educational Needs at school if your needs are only physical and you have no learning difficulties. I have twins with a genetic condition which gives them significant physical issues but they have no learning difficulties at all. They are also high care/mobility and with a blue badge. We live in an area that historically didn't issue statements to children unless they went to a special school. However they were still always school action plus along with a Health Care plan and had support staff funded through a different way that is peculiar to the county we live in. We applied for and received (somewhat to my surprise!) a transition EHCP (the replacement for statementing) and they now have the appropriate support within a grammar school environment.

While you obviously need to get on to the council very quickly to try and sort out the immediate school issue I would suggest asking again for him to be assessed as an EHCP might make the world of difference to him being in secondary school and also potentially his attendance levels (it certainly does for us!). Try the SOS!SEN helpline for advice, their number is 020 8538 3731.

Good luck.

[spud04]

Just another thought, have you been in touch with his allocated school? A very good school local to us has three floors and no lifts but we went to look at it just so we could say officially (to the EHCP meeting) that we had been to see it and discounted it for various reasons. The school actually told the County Council that they couldn't meet my children's needs because it wasn't fully adapted. If they are unaware of his disabilities because they weren't on the form then they may not feel they are in a position to take him anyway.

[mumofone2004]

Just another thought, have you been in touch with his allocated school? A very good school local to us has three floors and no lifts but we went to look at it just so we could say officially (to the EHCP meeting) that we had been to see it and discounted it for various reasons. The school actually told the County Council that they couldn't meet my children's needs because it wasn't fully adapted. If they are unaware of his disabilities because they weren't on the form then they may not feel they are in a position to take him anyway.

Thank you so much Spud, yes I telephoned them on offer day and they flat out explained to me there was no way they could meet his needs relating to his mobility.

Thank you for the other information that is very useful and I plan on calling them tomorrow.

Thank you so much to everyone who has contributed so far xx

[doodles]

Firstly, you are not a bad mother, please don't beat yourself up. The whole area of EHCP's and support is mind boggling and completely daunting

Have a look at http://www.gov.uk" onclick="window.open(this.href);return false;. There is quite a detailed section under schools and education on EHCP's (replacing statements) and specifically mentions physical disability.

Is it possible that the agencies involved in helping get his blue badge and putting in place his health plan could advice you on how to find your way through the the LA minefield in your area?

Good luck.

[Oblique]

Ooops! I've just managed to delete my message! You are not a bad mother but it does sound to me like you have been badly supported by the professionals involved in your son's care.

Your son does not need to have an ECHP just because he has a physical disability but having the significant needs that he must have in order to be eligible for higher rate care and mobility DLA must mean that he is on SEN Support (School Action or SA+ pre Sept 2014) at his current school and therefore under the responsibility of the SENCO. Not needing an EHCP in the past doesn't mean that he will never need one. With EHCP's, the focus is still on education.

The good news is that the allocated school can't meet your son's physical access needs. I presume your preferred school could meet his needs - did you speak to the SENCO at this school before applying?

You need to get on to the Admissions Team and you may find that this can be sorted fairly easily I'm being optimistic as I have had a couple of incidents recently where I have geared myself up for a fight with the LA only for them to simply agree to my request. It's a bit like pushing hard on a heavy door which actually glides open and you fall through looking like a right prawn!

Good luck!

[mumofone2004]

Just thought I would update everyone!

We had our appeals last week; the panel members for both were lovely and I felt they considered all of the evidence we had provided.

We are now waiting for the outcomes!

I have one question though!!!

Do the appeal panel discuss the successful appeals with the school head before they write to the parents? Or do the parents and school find out on the same day? How independent is the whole process? If at all?

[spud04]

I just wondered what the outcome to your appeals were? I hope they were successful and that he can go to a school that can meet his needs.