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Appealing section I

Lauraeliza1

, I was just hoping somebody could give me some hope regarding appealing placement. My son will be going Into year 6 next year and attends mainstream. We have applied to move to specialist provision as he has been struggling for some time. Works mainly in corridors with TA and in the infant building due to been academicly behind. He is verbal but can be selective who he talks to until he feels comfortable. After bringing annual review forward early LA have agreed he needs specialist provision but much to my horror both preferred schools have said can't meet needs for not much reason at all (one specializes in asd and communication) instead a predominantly semh students school has accepted him. I spoke to this school 2 years ago and me and the inclusion team decided that it would not be suitable due to my son been scared when witnessing challenging behaviour and getting upset in noisy environments. They couldnt guatantee he wouldn'tbe exposed to this(we've had a few problems in mainstream which triggered me to tread carefully when considering moving him) low and behold now this school have 20 spaces to fill they've said can meet needs even though I know they can't!!!!. EP report states he needs a very calm enviroment and I've now submitted my appeal for preferred provison....most people are telling me to also appeal section B&F but I honestly don't feel the need to...his EHC all points to needing specialist provision in a calm enviroment and nothing screams SEMH! So I'm going ahead with section I with evidence from EP report school report and a statement from school. I'm also looking to get a private slt report. Has anybody felt that strongly a school isn't right that they've not accepted?

Parents Reply Children
  • in reply to Chloe Mod

    Everything to do with EHCP is very much evidence based especially if the case is transferred to the Tribunal. The evidence comes from (needs based) reports from specialists such as EP, SALT, and OT.

    To get young person into SEN school they not only need to have EHCP but also the plan needs to state something that simply can not be achieved in mainstream school. To say ''X requires a quiet environment'' sadly is not enough as any MS (mainstream) school can say they have a quiet space.

    It would be much clearer if one of the reports said ''small class size'' - that is something MS school will very much struggle with.

    Others might be encouraging you to appeal other sections also so that the wording can be changed to fit your need. Once the final EHCP has been issued the only way to change anything is either through Annual Review, the Emergency Review or as you are rightly doing via Tribunal. In your case that is the fastest way to get result - however to get a result you are looking for - a specialist setting - the wording on the EHCP has to have something that can not be provided in MS even with additional funding. 

    My advice would be to stick to your plans - read through the EHCP carefully and focus on the points that can not be delivered in MS - if there's nothing like that in the plan already appealing other sections also might be worth while simply because during that process you can find new evidence to support your case. 

    Best evidence as to where a young person should be placed always comes from EP. - If you can afford it I'd strongly suggest appealing other sections also (so that you can make changes) and getting your own private EP report to support your case during the Tribunal. 

    If its allowed - helpful websites are: 

    SOS!SEN – The Independent Helpline for Special Education Needs – We offer a free, friendly, independent and confidential telephone helpline for parents and others looking for information and advice on Special Educational Needs (SEN)

    and

    SENDIASS Home - Kids

    B    est of luck with your tribunal.