Herts oversubscription appeal – exceptional circumstances
Posted: Fri Mar 25, 2011 1:24 am
Hello, this is a bit different to most of the queries on here (and rather long…). I’m helping my brother to put together an oversubscription appeal for my niece on the grounds of exceptional social circumstances. Having examined the Herts appeal statistics from the last four years, I am aware that extremely few have been successful.
In the FAQ C2 under ‘medical or social reasons’, Etienne indicates that the burden on the appellants is to convincingly demonstrate why ONLY the school under appeal can satisfy documented needs.
In the theoretical case of a wheelchair-bound child appealing for the only local school with access facilities, need is clear. It would be the ONLY school it would be possible to attend and the alternative would be attending no school. When the appeal is based on social and psychological reasons, the need is less black and white. Attendance at another school would not be physically impossible, so it seems to be a case of demonstrating the risk of significant emotional harm, which is a bit more nebulous. Advice requested concerning the case below.
Background:
In February 2009 X was placed on a child protection plan on the grounds of emotional harm and neglect under the care of her mother. The situation continued to deteriorate and by December 2009 was considered sufficiently grave by social services to necessitate an Emergency Protection Act application and the initiation of care proceedings. In order to avoid X being taken into care, my brother sought and was awarded a Residence Order (before this point he did not have parental responsibility in law and X’s extended family were denied access). On the recommendation of the local authority, the court also issued a Prohibited Steps Order, disallowing contact between X and her mother without supervision and prior written consent.
Protection case notes record that X was quiet, disturbed, anxious and withdrawn in this period; was subject to bullying; and had very few friends. Since she has been in my brother’s care we have intensely collaborated with her school to ensure that she is supported as much as possible in her academic and social activities, and she has consequently made outstanding progress. Although the profound distress of the last few years has not been fully resolved, recent reports indicate that she appears happy, motivated and popular. We are extremely anxious to ensure that these tentative improvements take further hold and are not rolled back by her placement in a learning environment that fails to meet her needs. She cannot go to the school that her new-won friends will be attending because of its proximity to her mother’s house, so this will present a further set back to her confidence and sense of stability. She remains vulnerable and her need for support and supervision as she makes the transition to secondary school is considerably higher than average.
My inclination is to let the fact of a protection plan and scheduled emergency intervention speak for the severity of the situation, rather than trawl through the grim soap opera specifics. Will a print out of definitions such as 'emotional harm' and 'neglect' as they're used by social services, along with the threshold criteria that must be satisfied before a court will make an emergency order under the Children Act 1989, provide an adequate sense of the issues involved? Something very brief like this, for instance: http://www.childrenslegalcentre.com/Res ... eaflet.pdf" onclick="window.open(this.href);return false; I have her case protection notes, but they are highly confidential and I’m uncomfortable with the idea of sending out so many copies. It would perhaps be possible to submit extracts with all but the relevant recommendations and targets blacked out – thoughts? The school we are appealing for best enables fulfillment of these targets, for reasons that will be fully articulated in our submission.
I don’t know what level of knowledge about these issues to assume. I’d like to build a concrete, evidenced case but I also don’t want to swamp the panelists with long documents. Would it be appropriate to provide select examples of respected literature on child abuse? Studies point to the long term negative effects, regardless of whether a child is eventually moved to a loving home, and make particular protective recommendations for deconstructing the impact of trauma and safeguarding emotional development. Outcomes can include serious interpersonal problems, difficulties during adolescence, cognitive impairment, suicidal behaviour, psychiatric disorders etc. A social worker familiar with my niece’s case will be attending the hearing, so perhaps their testimony/advocacy will be enough?
Secondary points:
1. My niece is bright - predicted level 5a/b SATs, reading age of 14 when tested last year etc. Since she has been cared for properly she has made rapid progress. Although non-qualification is not the basis of appeal, it's clear that a highly supportive environment will allow this academic ability to surface rather than fall by the wayside. Her headmaster and learning mentor have written very strong and detailed letters of support confirming the difficulties of the last few years and her outstanding potential.
2. Her mother has previously presented at her primary school and security concerns remain. Independent travel for at least the first year is therefore not going to be possible. My brother is a single parent who has had to take on a second job to cover rent of the new home he moved into to accommodate a child and it will be logistically difficult for him to transport her to a school that is far away from his work or route home. His time is already stretched to the limit and having to drive long distances every day will further impair his ability to spend quality time with her precisely when she'll most need focused attention and reassurance. I understand from what i've read over the last few days that transport considerations do not typically hold much weight, but I wonder if they are worth mentioning in this particular case? The school under appeal is closest to his work. Knowing he was so close would make a difference to her emotional wellbeing.
Any thoughts on any of this appreciated. I have only recently found this site but I have read scores of threads in quick succession. I'd like to join the chorus of sincere thanks for the very helpful and generous efforts of Etienne, Sally-Anne and any other mods/ regular contributors.
A raised glass to all who made it to the end!
Best wishes.
In the FAQ C2 under ‘medical or social reasons’, Etienne indicates that the burden on the appellants is to convincingly demonstrate why ONLY the school under appeal can satisfy documented needs.
In the theoretical case of a wheelchair-bound child appealing for the only local school with access facilities, need is clear. It would be the ONLY school it would be possible to attend and the alternative would be attending no school. When the appeal is based on social and psychological reasons, the need is less black and white. Attendance at another school would not be physically impossible, so it seems to be a case of demonstrating the risk of significant emotional harm, which is a bit more nebulous. Advice requested concerning the case below.
Background:
In February 2009 X was placed on a child protection plan on the grounds of emotional harm and neglect under the care of her mother. The situation continued to deteriorate and by December 2009 was considered sufficiently grave by social services to necessitate an Emergency Protection Act application and the initiation of care proceedings. In order to avoid X being taken into care, my brother sought and was awarded a Residence Order (before this point he did not have parental responsibility in law and X’s extended family were denied access). On the recommendation of the local authority, the court also issued a Prohibited Steps Order, disallowing contact between X and her mother without supervision and prior written consent.
Protection case notes record that X was quiet, disturbed, anxious and withdrawn in this period; was subject to bullying; and had very few friends. Since she has been in my brother’s care we have intensely collaborated with her school to ensure that she is supported as much as possible in her academic and social activities, and she has consequently made outstanding progress. Although the profound distress of the last few years has not been fully resolved, recent reports indicate that she appears happy, motivated and popular. We are extremely anxious to ensure that these tentative improvements take further hold and are not rolled back by her placement in a learning environment that fails to meet her needs. She cannot go to the school that her new-won friends will be attending because of its proximity to her mother’s house, so this will present a further set back to her confidence and sense of stability. She remains vulnerable and her need for support and supervision as she makes the transition to secondary school is considerably higher than average.
My inclination is to let the fact of a protection plan and scheduled emergency intervention speak for the severity of the situation, rather than trawl through the grim soap opera specifics. Will a print out of definitions such as 'emotional harm' and 'neglect' as they're used by social services, along with the threshold criteria that must be satisfied before a court will make an emergency order under the Children Act 1989, provide an adequate sense of the issues involved? Something very brief like this, for instance: http://www.childrenslegalcentre.com/Res ... eaflet.pdf" onclick="window.open(this.href);return false; I have her case protection notes, but they are highly confidential and I’m uncomfortable with the idea of sending out so many copies. It would perhaps be possible to submit extracts with all but the relevant recommendations and targets blacked out – thoughts? The school we are appealing for best enables fulfillment of these targets, for reasons that will be fully articulated in our submission.
I don’t know what level of knowledge about these issues to assume. I’d like to build a concrete, evidenced case but I also don’t want to swamp the panelists with long documents. Would it be appropriate to provide select examples of respected literature on child abuse? Studies point to the long term negative effects, regardless of whether a child is eventually moved to a loving home, and make particular protective recommendations for deconstructing the impact of trauma and safeguarding emotional development. Outcomes can include serious interpersonal problems, difficulties during adolescence, cognitive impairment, suicidal behaviour, psychiatric disorders etc. A social worker familiar with my niece’s case will be attending the hearing, so perhaps their testimony/advocacy will be enough?
Secondary points:
1. My niece is bright - predicted level 5a/b SATs, reading age of 14 when tested last year etc. Since she has been cared for properly she has made rapid progress. Although non-qualification is not the basis of appeal, it's clear that a highly supportive environment will allow this academic ability to surface rather than fall by the wayside. Her headmaster and learning mentor have written very strong and detailed letters of support confirming the difficulties of the last few years and her outstanding potential.
2. Her mother has previously presented at her primary school and security concerns remain. Independent travel for at least the first year is therefore not going to be possible. My brother is a single parent who has had to take on a second job to cover rent of the new home he moved into to accommodate a child and it will be logistically difficult for him to transport her to a school that is far away from his work or route home. His time is already stretched to the limit and having to drive long distances every day will further impair his ability to spend quality time with her precisely when she'll most need focused attention and reassurance. I understand from what i've read over the last few days that transport considerations do not typically hold much weight, but I wonder if they are worth mentioning in this particular case? The school under appeal is closest to his work. Knowing he was so close would make a difference to her emotional wellbeing.
Any thoughts on any of this appreciated. I have only recently found this site but I have read scores of threads in quick succession. I'd like to join the chorus of sincere thanks for the very helpful and generous efforts of Etienne, Sally-Anne and any other mods/ regular contributors.
A raised glass to all who made it to the end!
Best wishes.