Advice re appeal please

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Xavier2020
Posts: 21
Joined: Wed Nov 25, 2020 9:31 pm

Re: Advice re appeal please

Post by Xavier2020 »

Just one last question - would it be more accurate to say that the LA makes the decision about prejudice etc (am I right in thinking that the First Tier Tribunal would get involved if there were then a dispute about the school named)?

The LA EHCP coordinator has already said that he will amend the named school on the plan if we win the appeal (ie that it is felt to be an appropriate placement).
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Advice re appeal please

Post by Etienne »

would it be more accurate to say that the LA makes the decision about prejudice etc
SEND isn't really my area, but I'll have a go!

I doubt that the word "prejudice" would be used in this context, or that it's the sort of 'balancing' exercise that happens with a normal two-stage school admissions appeal.
The LA will consult the proposed school, but there is no balancing of the case for the child against a school case for prejudice. The child's needs are paramount, and the LA will focus on what is in the child's best interests.
am I right in thinking that the First Tier Tribunal would get involved if there were then a dispute about the school named
If you're not happy with the named school, or another aspect of the EHCP, you can indeed appeal to the tribunal.
The LA EHCP coordinator has already said that he will amend the named school on the plan if we win the appeal (ie that it is felt to be an appropriate placement).
It sounds to me that, if you can overcome the qualification hurdle, everything in this process would then be in your favour (which is not what happens in a two-stage school admissions appeal).
Etienne
Xavier2020
Posts: 21
Joined: Wed Nov 25, 2020 9:31 pm

Re: Advice re appeal please

Post by Xavier2020 »

Many thanks for your help, as always. I will let you know how it goes.
Xavier2020
Posts: 21
Joined: Wed Nov 25, 2020 9:31 pm

Re: Advice re appeal please

Post by Xavier2020 »

Delighted to let you know that we won our appeal. Thanks so much for all the help and guidance, this forum has been an amazing help.
hermanmunster
Posts: 12894
Joined: Fri Sep 15, 2006 9:51 am
Location: The Seaside

Re: Advice re appeal please

Post by hermanmunster »

Xavier2020 wrote:Delighted to let you know that we won our appeal. Thanks so much for all the help and guidance, this forum has been an amazing help.

That's excellent news! Congratulations :D
Xavier2020
Posts: 21
Joined: Wed Nov 25, 2020 9:31 pm

Re: Advice re appeal please

Post by Xavier2020 »

Thank you so much!
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Advice re appeal please

Post by Etienne »

Well done!
Absolutely delighted to hear your news! :D

Would you consider adding to the feedback thread? it can be very helpful for parents in future years:
https://www.elevenplusexams.co.uk/forum ... =35&t=9205" onclick="window.open(this.href);return false;
(No need to name the school if you would prefer just to give the area.)
Etienne
Xavier2020
Posts: 21
Joined: Wed Nov 25, 2020 9:31 pm

Re: Advice re appeal please

Post by Xavier2020 »

Absolutely. Thanks again. Wouldn’t have known where to start without the info on here.
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