Appeal for oversubscribed grammar school for SEN

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umaram
Posts: 17
Joined: Mon Sep 21, 2009 5:29 pm

Appeal for oversubscribed grammar school for SEN

Post by umaram »

We have just moved to Buckinghamshire . My son is 11 Yrs old statemented boy who passed the 11 Plus in 2008. We have applied for our catchment Grammer school , but it is oversubscribed and he has been offered a place in another grammer school ( 10 miles from where we live ). He is offered transport though. We think if get a local school he will benifit from after school support from his peers and class teachers and any assistance and support at school . Making local friends is very important for his social integration and speech and language developement. My husband and I are all working full time out side the Bucks and we mainly relying on relative and friends to pick him up from school if anything happened . Can we build an appeal on the ground of that.... Please I need Advice since he is still at home and very disappointed at this offer.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Dear umaram

Welcome to the forum.

Yes, you can put forward a case on these grounds, as they are quite common at appeals. I'm afraid a lot will depend on how strong a case the admission authority puts forward to resist further admissions.

For general advice on appealing for an oversubscribed school, if you haven't already done so, please see:
http://www.elevenplusexams.co.uk/11plus ... ers.php#c2

We might be able to give more specific advice if you feel able to tell us:
• which grammar school you are seeking, and which one was allocated
• what your son's special needs are
• what his statement says
(You don't have to do this publicly - see the link at the top of the page for sending private information that only a few moderators will see.)

Good luck
Etienne
Rob Clark
Posts: 1298
Joined: Tue Nov 25, 2008 1:59 pm

Post by Rob Clark »

We think if get a local school he will benifit from after school support from his peers and class teachers and any assistance and support at school .
Without knowing exactly which schools you are referring to, it’s difficult to give specific advice, but please bear in mind that your son’s classmates may not be that local – DS walks to and from his GS, but the vast majority of his friends get buses from all around the local villages.

10 miles does sound rather a lot, though. Good luck.
umaram
Posts: 17
Joined: Mon Sep 21, 2009 5:29 pm

Post by umaram »

Thanks all for your replies ... I have posted more information on the appeal box ....Please have a look and let me know what you think...
Alex
Posts: 1097
Joined: Thu Nov 02, 2006 10:10 pm
Location: Lincolnshire

Post by Alex »

You will need to check further with your Local Authority but generally children with a Statement of Special Educational Need do not go through the normal admissions system or appeals system. The school is named in Part 4 of the Statement (usually after consultation with the parents). A school which is named on a child's Statement must accept the child (unless it can successfully argue with the LA that it cannot meet the child's needs). If agreement is not reached between the LA and the parents as to the right school, then the appeal route is through the 1st Tier Tribunal of SENDIST.

When you move area the "receiving" authority may either accept and carry on the Statement from the old authority (often with the proviso of a later review) or it may embark on a reassessment immediately. I think you need to check with the SEN department of your LA exactly what is happening with regard to your child and what his current status is.

Perhaps some Buckinghamshire people can give more local advice?
umaram
Posts: 17
Joined: Mon Sep 21, 2009 5:29 pm

Post by umaram »

Thanks Alex....The stateent has been accepted by the bucks local authority and a review to follow 3 month later... they the school we are offered has not decieded they will take him, that is why he is still at home. Ithought they have legal obligation to issue the statement and name school within 6 weeks of first contact,isn't that the case?????
can they provide home tutision mean while??? I thought we can appeal to the local authority because our concerns are just about the distance and its implications and not the special needs support!!!!
Alex
Posts: 1097
Joined: Thu Nov 02, 2006 10:10 pm
Location: Lincolnshire

Post by Alex »

Have you had any discussion with the SEN Department about the named school? I am wondering whether there is a reason why they have named a school which is further away. Do they think that the more distant school would provide better for his needs or is it simply a matter of which school they can better pressurise?

Usually it is possible to ask for a meeting with an Education Officer in the SEN Department to try and discuss any disagreements as to placement, where both parents and department can put forward their reasons for wanting to name a particular school. Often someone from Parent Partnership can support parents with this and any other aspects of the SEN process.

If you cannot reach agreement and the unwanted school is named on the final Statement then there may be a mediation service locally or failing that you can appeal to SENDIST. Again Parent Partnership would be able to offer advice and support locally or IPSEA nationally, though it is often really hard to get through on their advice lines.

I am rather stale on the provisions in the SEN Code of Practice and do not have it to hand so can't remember the time limits for various bits - again the Parent Partnership Service should be able to advise you.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Alex wrote:..... Do they think that the more distant school would provide better for his needs or is it simply a matter of which school they can better pressurise?
The more distant GS might possibly have more children with special needs as it is a designated school with facilities for disabled access, but I don't see why it would cope better with umaram's son's specific needs. The nearer GS is heavily oversubscribed, and I suspect likely to be less than enthusiastic about further admissions .....

umaram -
You've asked elsewhere how to get information about numbers of children on roll with SEN.
If you write to your preferred GS (not to the LA as this is a foundation school), requesting to know under the Freedom of Information Act how many children in year 7
(a) have a statement,
(b) are on school action+,
(c) are on school action,
they ought to give you this information or explain on what legal grounds they can refuse. (The information is made available anyway in their case papers for an ordinary appeal - issued a week or so before a hearing takes place.)
Etienne
Alex
Posts: 1097
Joined: Thu Nov 02, 2006 10:10 pm
Location: Lincolnshire

Post by Alex »

I forgot to ask whether you had been to visit both schools and talked to the SENCOs. Forgive me if I am asking something too obvious but I know that sometimes when one has had a specific school in mind and something else is offered it is difficult to "change gear" and consider both options. It may, however, help you to make a truly informed decision and, if necessary, be able to argue through your reasons for wanting the school you do.
umaram
Posts: 17
Joined: Mon Sep 21, 2009 5:29 pm

Post by umaram »

Thanks again to all of you ... I am really greatfull for this through disscusion..
Alex: About the school I think it is exactly as you said plus also some doubts about the childs' abilities and how he would affect the overall score . If you realise the offered school is less achieving , do not get me wrong , it is a good school though but in comparison!!!!!.
I actually didn't visit the school yet because they have not offered the place officially yet but Iam planning to do so when It is offered .I have spoken to the SENCO ,though, they never had a case like my son. I do not see any diffrence in the academic provision my problem is the distance and implications of that on all of the family members. I think if the offered school can meet his needs I do not see why the nearst GS can not ....Do you think the oversubscribtion can overweigh my son's circumstances???
I have spoken to the case worker and admission team they said that the nearst GS is oversubscribed by 5 already and can not ask for more .....and offered GS is the only school in the bucks that has vacencies.....
Etienne: I will contact the school but I doubt any cooperation .Thay have not been of help at any time I contacted them....
I am not optimistic about any agreement with the LA ...I think I have to prepare for the appeal . Can you please highlight the strongest points to put together in this case..

Does anyone think that this could be a disability discrimination case???????
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