Advice re appeal please

[Oblique]

You are correct in thinking that your son needed to pass the entrance exam in order to qualify for a place but the process of allocating school places to a child with an EHCP, and the appeal process, is different to normal. In view of the information from Etienne, clearly this doesn't always happen. (I've been writing this post for a while )

Having an EHCP does not give you a 'free pass', allowing you to choose any school but you have a right to express a preference for any school and the LA must agree to this unless the school is:

- unsuitable (age, ability)
- placing your child here would be incompatible with educating other children
- result in inefficient use of resources

The SEND Code of Practice 0-25 years 2014 Page 172 explains this better (I suggest making it your new best friend, available to download from .gov.uk website). Read the SEND policy and Admissions policies of your chosen school. I would agree that you have an argument in regards to the access arrangements for sitting the test. Legislation suspending certain aspects (mainly time frames) of the SEND COP 2014 due to the pandemic expired in September 2020, so I don't think the LA or school can hide behind this. And after years of digesting the information on this forum I'm thoroughly on board with the idea that academic evidence is key. And yes, get the current teaching staff at the appeal. In my experience, an opinion voiced by a parent carries less weight than the same opinion voiced by a professional.

It sounds like you have done a lot of work and preparation with the school over the years. If this is the school that you think is the one for your son, name it when the draft EHCP comes out.

Also happy to help, though my experience is more at the D end of the SEND spectrum! (And a chaotic family life also makes me rather slow at getting replies out.)

[Xavier2020]

@Etienne:

That’s really helpful, thank you so much. Would you suggest that the main arguments be around his academic ability and extenuating circumstances, given the situation? His exceptionality and, I think, main reason for suitability for grammar school, relates to his academics. He does have other extra-curricular interests and strengths but, due to his ASD, he definitely won’t be the best team player they’ve ever had! Would you still recommend that we put in the extra curricular interests etc or should we focus on the main issues? I do plan to add the info re my previous positive contact with the school... Many thanks again

@Oblique

Thank you so much for your input and really helpful advice. I will have a look at the documents you suggest. Our EHC coordinator felt that they may refuse to consult for a place until after a successful appeal, but I will continue to express our interest and desire for that particular school

[Etienne]

@Oblique
Thank you so much for your input and really helpful advice.

I second that. Great input, Oblique.

In view of the information from Etienne, clearly this doesn't always happen.

In one of these cases, I'm pretty sure the LA took legal advice before referring the qualification issue to an appeal panel.

I can see an argument that deciding on grammar school suitability is separate from allocating a school place.

Does anyone on here know of a case where the First-tier tribunal has settled the issue of qualification?

Would you suggest that the main arguments be around his academic ability and extenuating circumstances, given the situation?

Definitely.

Would you still recommend that we put in the extra curricular interests etc

Definitely not! Keep the focus on academic ability and extenuating circumstances.

[Xavier2020]

Perfect, thank you, that has really clarified things

Just to add - it is likely to be oversubscribed by the point of appeal, does this make a difference to the inclusion of the oversubscription argument or is our main issue still with non qualification?

[Xavier2020]

Having thought about this - would I still need to put forward a counter argument for over subscription if my son has an EHCP in place?

I understand that this gives him additional rights to a place at a school of our choice (assuming he fulfils the other criteria re academic entrance requirements & it being an appropriate environment etc) even if the school is full..?

[Etienne]

I wouldn't worry about oversubscription. If the EHCP names the school, it doesn't matter if the school is already full.
Focus on qualification!

[Xavier2020]

Thank you!

[Xavier2020]

Hi, please could I ask for a bit more advice in advance of our appeal?

The case from the school refers largely to their inability to accommodate additional pupils and makes reference to the available space etc. I have no argument with this (although I note that they have used the 55m2 figure for a class of 29...).

I’m just wondering how to word the issue around my son having an EHCP and the additional rights associated with this, even for a school that is full. I don’t want to appear not to have considered the argument of overcrowding, and nor do I want to appear patronising!

Any tips on how I can phrase this? In my written submission I stated that we had not addressed the issue of oversubscription, as he has an EHCP, but did not expand on this.

Thanks so much for any advice!

[Etienne]

Any tips on how I can phrase this? In my written submission I stated that we had not addressed the issue of oversubscription, as he has an EHCP, but did not expand on this.

I suggest something factual. Would this do?

• • "Thank you for sending a copy of the school's case for prejudice. Where an EHCP is concerned, my understanding of the legal position is that admission to a particular school is handled by the First-tier Tribunal (Special Educational Needs and Disability), not by a school admission appeal panel, but that the IAP can determine whether the child should be deemed qualified.
    
    I therefore hope you will understand that I cannot address the school's case for prejudice or discuss with you with my reasons why the X school would be ideal for my son, much as I would like to. Instead I will have to focus entirely on the single issue of academic suitability for grammar school."

[Xavier2020]

This is exactly what I was trying to say, thank you!