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Appealing State School on Grounds of Disability

Posted: Wed Mar 09, 2016 7:13 pm
by mumofone2004
Hello Everyone,

I am hoping I can get some advice and assistance here!

I will use bullet points so as not to bore you all to tears!

- Boy is 11 years old
- Registered Disabled - mobility problems (has a blue badge etc on high rate care and mobility, under numerous consultants, weekly physio, regular OT etc etc)
- Applied for 6 state schools
- Offered a place at state school 6th on the list
- Did not visit school before applying as the boy had been unwell +++
- It transpires the school offered is arranged over three floors with no lift access (no disabled access)
- Received banding results from the two top schools (he was placed in band 3) when passed level 5 SATS last summer in year 5 - normally given 10 minutes extra for all examinations due to hand fatigue. he did not receive this for the banding tests - I feel that had he had the extra time he would have been in band 2 as a minimum if not band 1
- I did not mention about the boys disability on any applications to the schools!! I don't know why I did this (maybe stress and the limited resource in terms of time)
- How do I even begin to sort this out? The offered school is completly out of my way in terms of my commute to work and being able to pick him up when he is in pain etc. At present school attendance is running at approximately 70-75%....

Many thanks in advance for any advice!

Re: Appealing State School on Grounds of Disability

Posted: Wed Mar 09, 2016 7:34 pm
by zeinab
First of all don't panic!! Secondly, tomorrow morning you need to contact your local Education Dept explaining everything. They will advise you on what to do. Good luck!

Re: Appealing State School on Grounds of Disability

Posted: Wed Mar 09, 2016 7:50 pm
by Eccentric
Hi Mumofone,

I really feel for you. What a difficult situation you have been put in. Your son cannot possibly deal with 3 floors and of course you need to be able to get to him if he is in pain. It does sound as though you have very good grounds for appeal. I would imagine that an appeal panel would be sympathetic to your sons difficulties. I would file for appeal immediately. Everyone on this forum was amazingly helpful when I appealed and I am sure that you will get loads of support and help with how to go through the process.

I would collect as much information as you can with solid evidence to prove your points that shows that why your chosen school would suit your son. E.g. perhaps it is all on one level. Is it more accessible for you should your son need you. Are they better set up to support your son, does your son have friends that are going there (whilst this may not be taken into consideration for a child without a disability, I imagine that any empathetic panel would understand that it is important for a boy with a disability to remain with his friends if possible). I would also look into the reasons that the allocated school is not suitable. I would be careful here not to overdo it. Only say things that you can provide proof for.
Appealing is not always successful but as you can see from the appeal pages on here. This forum, I believe considerably improves the number of successful appeals.

I wish you all the very best with your son and I will keep an eye on this post and offer you as much help and support as my limited experience allows me to do. I am sure that many others who can offer you much more on this site will do the same.

Re: Appealing State School on Grounds of Disability

Posted: Wed Mar 09, 2016 7:53 pm
by Amber
Does your son have a statement? I assume so from what you've said.

If so you are entitled to choose a school for him. End of.

Call the authority and tell them. If you had put this information on your CAF you would have been allocated your first choice. Hopefully this can be put right very quickly.

http://www.nidirect.gov.uk/special-educ ... g-a-school" onclick="window.open(this.href);return false;

Re: Appealing State School on Grounds of Disability

Posted: Wed Mar 09, 2016 8:16 pm
by ToadMum
Amber wrote:Does your son have a statement? I assume so from what you've said.

If so you are entitled to choose a school for him. End of.

Call the authority and tell them. If you had put this information on your CAF you would have been allocated your first choice. Hopefully this can be put right very quickly.

http://www.nidirect.gov.uk/special-educ ... g-a-school" onclick="window.open(this.href);return false;
In our area (Southend on Sea), applications for school places for 'statemented' pupils are dealt with outside the normal CAF submission:

PLEASE NOTE that if your child has a
Statement of Special Educational Need, you
will already have received information from
the Special Educational Needs Team regarding
the secondary transfer process and you must
not complete the Single Application Form.


Unfortunately, though, getting a school to agree to be named on the child's statement is not necessarily a straightforward procedure, if the experience of one of DD's friends was anything to go by :( .

With luck, it will be less arduous in the OP's LA.

Re: Appealing State School on Grounds of Disability

Posted: Thu Mar 10, 2016 11:07 am
by mumofone2004
Thank you all so much for the reply. He does not have a SENCO or any other stuff like that. They have refused to assess him as he has never fallen behind in his academic work and has always managed to be top in his class so they say he does not have educational needs.

The basis of my appeal is this....

1) The offered school has no lifts - the school we do want has lifts
2) I cannot drop him to school or pick him up quickly when he has acute pain from the offered school as it is a further 45 minutes drive for me
3) Even if we did end up having to take the offered school he will never reach independence of getting to and from school himself as the school is right at the top of a very steep hill which he would NEVER navigate independently.

I am unsure if I should also complain that he did not get extra time for the banding tests - there was no box to tick or anything of the like when I put his name down. I think had he been given the extra time he clearly needs he would have been in a higher band and probably been accepted!

Do you think this is enough for the appeal? I feel like such a bad mother! I should have sorted this ages ago but I never thought I would be in this mess!

In terms of evidence GP has offered to write to our number one preference school to outline the exact reasons I have given above - should I get this? I have a copy of his blue badge, physio letters and appointments, Consultant letters etc.

Many thanks

Re: Appealing State School on Grounds of Disability

Posted: Thu Mar 10, 2016 11:17 am
by hermanmunster
This all sounds very frustrating - I knew of a child was having treatment and in a wheelchair (temporarily fortunately) at the time of 11 plus etc - because of this he was considered to have special educational needs (not academic but mobility) and was allocated a school with the appropriate facilities to manage this ie lift etc

Re: Appealing State School on Grounds of Disability

Posted: Thu Mar 10, 2016 11:20 am
by Sally-Anne
Hi mumofone2004

I have sent you a PM (Private Message). You can retrieve it at the top LH corner of this page.

Sally-Anne

Re: Appealing State School on Grounds of Disability

Posted: Thu Mar 10, 2016 11:49 am
by Amber
A child does not need to be 'falling behind' to have a statement. They are for children with physical disabilities too! These extracts are taken from the government guidance on the matter.
https://www.gov.uk/government/uploads/s ... carers.pdf" onclick="window.open(this.href);return false;
From what you have said it is bizarre that 'they' (who?) have refused to assess him. Either way, I think you need to get the wheels in motion asap to bring your son's physical needs to the attention of the appropriate bod in the admissions authority. Be prepared to spend a couple of days on the phone. :?

Children and young people with SEN may need extra help because of a range of needs. Paragraphs 6.27 – 6.35 of the 0-25 SEND Code of Practice set out four areas of SEN:

Sensory and/or physical needs – for example, children and young people with visual and/or hearing impairments, or a physical need that means they must have additional ongoing support and equipment.

Many children and young people who have SEN may also have a disability. A disability is described in law (the Equality Act 2010) as ‘a physical or mental impairment which has a long-term (a year or more) and substantial adverse effect on their ability to carry out normal day-to-day activities.’ This includes, for example, sensory impairments such as those that affect sight and hearing, and long-term health conditions such as asthma, diabetes or epilepsy.

Re: Appealing State School on Grounds of Disability

Posted: Thu Mar 10, 2016 12:57 pm
by mumofone2004
Both the school and the council have stated that due to the fact he is not behind and has been top of his year group he does not have special educational needs. I hope they have not been lying to me.... The only thing that we have in progress is the health care plan....

Amber wrote:A child does not need to be 'falling behind' to have a statement. They are for children with physical disabilities too! These extracts are taken from the government guidance on the matter.
https://www.gov.uk/government/uploads/s ... carers.pdf" onclick="window.open(this.href);return false;
From what you have said it is bizarre that 'they' (who?) have refused to assess him. Either way, I think you need to get the wheels in motion asap to bring your son's physical needs to the attention of the appropriate bod in the admissions authority. Be prepared to spend a couple of days on the phone. :?

Children and young people with SEN may need extra help because of a range of needs. Paragraphs 6.27 – 6.35 of the 0-25 SEND Code of Practice set out four areas of SEN:

Sensory and/or physical needs – for example, children and young people with visual and/or hearing impairments, or a physical need that means they must have additional ongoing support and equipment.

Many children and young people who have SEN may also have a disability. A disability is described in law (the Equality Act 2010) as ‘a physical or mental impairment which has a long-term (a year or more) and substantial adverse effect on their ability to carry out normal day-to-day activities.’ This includes, for example, sensory impairments such as those that affect sight and hearing, and long-term health conditions such as asthma, diabetes or epilepsy.