State school refusing to admit

Hi Upsy daisy,i have instructed a specialist solicitor with this case as I predicted that the school would be obstructive....which they certainly have been.

The school have the newer style funding agreement in place, so legally they are committed to admit a child named in part 4, through their funding agreement. If in disagreement we have suggested to them (since August when the statement was finalised) to take the matter to the SOS. We have reminded the head of this school on several occasions to do this but he hasn't. 

We just have an interesting scenario now as I have the y6 review meeting in a month. It will be mainly to discuss transition arrangements with the school, who are invited. But we think they might not turn up! That's going to be an odd one.

Have been in touch with Ipsea. They're very interested to see how this one pans out but I'm sure they're been updated about the case as my solicitor is one of their legal advisers. So feel very much in safe hands.

The other issue, flagged by OP in second posting is the league tables: the school in question has outstanding OFSTED and league table results.

To achieve high scores in national assessments, they don't want to take on any children who could undermine that objective.

We currently have a Government that, despite recovering from recession being the priority, is more concerned with pursuing drastic ideological changes - dismantling the national health service, reforming welfare and dramatically changing education.

In this process, it is becoming obvious that they don't care about the disabled. They'll put up a semblance of disability concern with programmes promising improvements. But they are not looking at the impact their policy changes have on the disabled.

I think it very likely that there will be progressively fewer mainstream schools taking on disabled students whose needs might affect OFSTED and league tables.

I think it will become increasingly necessary to use special schools, and as local authorities are cutting back on such provision, it is going to be special schools parents have to pay for.

I think we have to get wise to the reality. This Government will do nothing to stop academies and free schools and other changed school systems from excluding disabled pupils. And the pressures on performance will make it more and more in the interests of Heads of Schools to discourage disabled pupils.

I'm pretty convinced that's the way this is going.

I looked into this with IPSEA last year but we didn't have to test it because we eventually chose a different school.

First port of call is the school's admissions policy because it may say they will automatically accept children whose statement names the school.

Second is to get a copy of the school's Academy funding agreement because these changed in 2010, I think, to include an agreement to accept children whose statement names them but that may be only if they are directed to do so by the SEND tribunal.

When you have that information contact IPSEA who can direct you to the relevant case law. There isn't a lot because it hasn't been tested that much yet but they were interested in supporting me if it got to tribunal for that very reason. They want the case law to be established the right way early on.

Good luck. 

Hi

Presumably you have asked the school why?  We have just had a similar situation although we are only at the proposed statement stage, had already applied to place at local school for yr7 using normal route (as he had no statement then).

After proposed statement issued we contacted a number of schools asking to look round (so we could decided which one to name) - our local school did not reply and on chasing they said that the council had already contacted them with the proposed statement and they had replied saying they could not take him.

However on going in and speaking to the SENCO and Head they said this is because they could not accomodate him with the number of hours support in the proposed statement - if this changed they could and they were very positive about how they had supported similar children and how they would support him.

This is also an Academy.  I actually think that it being an Academy is good as they do not need to follow the national curriculum - they said that if he did not like a subject that was fine he could just do something else instead.

I am perhaps cynical.......but my worry would be if we forced a school to take our son then would they not really be on his side and find other ways to get rid of him (current school keeps throwing back in my face - 'see I can't do x and y because he does z'.......yes but your scarcasm, lack of differentiation, shouting at him made him do z....arrggh).

Not sure if this helps your situation.

We have just named our choice of school to the council and the proposed statement hours have been upped significantly.  So we are waiting.  Would be very interested to hear an update on your situation in case we have to go down that route.

Hi there, it is a new Acedemy, was our local comp until it 2 years ago.

It's also a very Popular state school, especially with the middle classes with its "outstanding" ofsted and league table results. It does have an excellent provision for asd which isn't publicised. But for me, it's the school where my son wants to go to, he knows and wants to be with his friends from his class (8 will be going there)........I think that says it all.

Im in unchartered territory now as my solicitor thinks we might have to issue a judical review against the governing body but I can't find any case history of such or do you think it's the first???

I am guessing this is about one of the new academies not making adequate Special Education Needs provision.

I just wonder if this is the same phenomenon that occurs in "public" or selective fee-paying schools.

Because people are paying for their children's education at these schools, parents with children who have special education needs are more likely to pay to send them to a special school, rather than try mainstream education.

Based on that pattern being manifest, there's no demand in such schools to make more than basic dyslexia provision.

I suspect some of the new Academies will inhabit the same mindset.