Hi, I’m looking for some thoughts from anyone who has been in a similar situation please, and especially from experts such as Etienne please.

My son was expected to score very highly in his 11 plus for our chosen school. It was a GL exam. He is very bright (attends a prep school and has consistently scored >130 in thrice yearly standardised assessments since Y2, putting him at >98th centile. He is also on the gifted and talented register).

He was widely expected to pass very easily and was scoring 80-95% on practice papers, both at home and at school, in the run up to the exam.

He has Autism Spectrum Disorder and has an EHCP stipulating that he should have a familiar adult in the room for public exams. The EHCP also states that he should take the exam in a separate room. This is because, without these adjustments, he becomes unduly unsettled by the sensory aspects of a new environment. This affects his ability to focus and consequently his performance. This has also comprised his usual way of working for the last 6 years (as per his EHCP).

He was allowed to sit the exam on a quieter day and was initially allowed to bring a familiar TA from his school with him. The school also suggested that he visit the exam room prior to the day of the assessment.

A few weeks before he sat the exam we were informed that, due to COVID-19, he would not be able to visit and nor would his TA now be able to attend. We were offered no alternative in lieu of this.

He missed the mark required by 7 marks (327 instead of the required 334). In retrospect we perhaps should have asked for additional time in lieu of the reasonable adjustments in his EHCP, but we didn’t think it would be necessary as he was scoring so highly in practice.

We plan to appeal but appeals are not until May. Would you be able to offer your thoughts about these circumstances? Our feelings are that he was at ‘substantial disadvantage’ as the reasonable adjustments in his EHCP were not adhered to (as one might expect from the definition of reasonable adjustments in the 2010 Equality act).

Thank you so much for any opinions!

Just to add to this - we have the full support of the teachers and head teacher at his current school.

You will not be able to appeal in the usual way as your child has an EHCP formally a Statement of educational need.

see extract from the Statutory appeals code -

Children with statements of special educational needs
3.21 Appeals by the parent of a child with a statement of Special Educational Needs
against the choice of school named in the statement, or the fact that no school has been
named, are considered by the First-tier Tribunal (Special Educational Needs and Disability),
not a school admission appeal panel.

Thank you for your reply. I wasn’t aware of this - the school have given us information relating to the standard appeals process... I also sought advice from the local SENDIASS, who didn’t mention this

As your son has an EHCP in place, you will not go through the usual process for application to secondary school and therefore the usual appeals procedure. The route to secondary school, with an EHCP, is via the annual review process. In Year 6, the annual review should be arranged during the first term of the school year, to allow the process to reach a decision on a secondary school place, by 15th February.

If you haven't yet had the annual review, you need to speak to the SENCo at the current school. You also need to know which secondary school you are aiming for and have spoken to the SENCo there. You will need their support and also be clear that this school can meet your son's sensory needs (difficult when you can't visit).

If you need further information, let me know.

My understanding was that, despite the EHCP, he still needs to pass the entrance exam, hence the need to appeal and explain the extenuating circumstances. The EHC coordinator has advised that it will be possible to consult with a different school for a place but then to amend this if our appeal were to be upheld... The deadline for EHCPs is, I understand, 15th Feb but there is some flexibility within this and amendments can be made.

I had been in contact with the SENCo intermittently since Y4, regarding whether the school could meet my son’s needs. I had met with her twice in person and they had invited my son to a taster session (a maths lesson and a tour of some areas of the school) in the Spring term of Y5. We had extensively discussed what they could offer and I have email communication between us to evidence that I had been reassured by these discussions that it would be a very suitable environment for him. The SENCo has since changed, but the new member of staff had also been extremely helpful and responsive in my communication with her prior to the entrance exam (as my son was asking a number of questions about the arrangements before he sat the exam).

We have certainly heard of cases involving an EHCP where the issue of academic suitability for grammar school (and only this issue, not admission to the school) has been handled by an appeal panel.

_________________
Etienne

Thank you for your reply. Our emphasis at appeal is going to be on the likelihood that he was substantially disadvantaged due to the withdrawal of the previously agreed reasonable adjustments, plus a large amount of academic evidence from his school. Do you have any experience of cases like this one, regarding the strength of our argument? Our son’s current teachers are incredibly supportive - is there a benefit to them joining us at the appeal?

Yes, and it does sound to me as if you have the makings of a good case - but I can't of course claim to know what your individual panel members will think.
It also depends to some extent on how the school words its support. If I'm cautious, it's because I have in the past seen recommendations such as "an asset on the playing field" and "a good man to have in a tight corner"!

If there's a face to face or video hearing, I think so - especially if they stay on topic, and don't stray on to character and non-academic extra-curricular activities!
See B48:
https://www.elevenplusexams.co.uk/appea ... cation#b48
(ignore the arguments to counter oversubscription.)

See also choice of language, B41:
https://www.elevenplusexams.co.uk/appea ... cation#b41

Do the teachers normally attend appeals to support their pupils?
If this is an exception, they should say so because it is likely to make a good impression (showing how strongly they feel about the case).

Please let me know if I can be of any further help.

_________________
Etienne