Secondary schools admissions and appeals

Summary

This video addresses the UK's special educational needs crisis, highlighting the underfunding of special educational needs budgets and the challenges parents face in securing appropriate secondary school placements for their children with EHCPs. The speaker outlines steps for parents to take if their child isn't offered a suitable school, including appealing to a tribunal where 98% of cases favor parents. The video also discusses the SEND reform trial, the importance of understanding legal rights, and strategies for self-care during the stressful appeals process. The speaker emphasizes the value of community support and provides tips for managing stress and advocating effectively for children's educational needs.

Takeaways

• 📊 Nearly 40% of children with an EHCP in the borough did not receive their first choice of secondary school.
• ⚠️ The UK is experiencing a crisis with special educational needs budgets being significantly underfunded.
• 🏫 Local authorities often push for the cheapest and simplest school options, regardless of appropriateness.
• 🙅‍♀️ Parents are not obligated to accept the local authority's choice and can appeal through a SEND tribunal.
• 🏛️ 98% of SEND tribunal cases are decided in favor of the parents, indicating the law supports them.
• ⏰ February 15th, 2024, is the statutory deadline for informing parents of secondary school places.
• 📑 The 'SCENT Change Program' is a trial that doesn't affect parents' legal rights to appeal.
• 📖 Parents have the right to see consultation documents to understand why their child was turned down for a school.
• 🚫 Limited reasons exist for turning down a child with an EHCP, and 'no space' or 'lack of funding' are not valid.
• 💼 Legal knowledge is crucial; parents are advised to read the SEN Code of Practice to understand their rights.
• 👥 Parents are encouraged to seek support from communities and take care of their mental health during the appeals process.

Q & A

What percentage of children with an EHCP in the speaker's borough did not get their first choice of secondary school?

Nearly 40% of children with an EHCP did not get their first choice of secondary school.

What is the purpose of mentioning the special educational needs crisis in the UK?

The purpose is to highlight the underfunding of special educational needs budgets and the challenges parents face in securing appropriate schools for their children.

What is the significance of the 15th of February deadline mentioned in the script?

The 15th of February is the statutory deadline for informing parents of secondary school places, emphasizing the importance of this date for parents to be aware of their child's school allocation.

What is the SCENT change program and how does it relate to the script?

The SCENT change program is a trial program testing parts of the government's white paper around SEND reform. It's mentioned to inform viewers that even if their area is part of the trial, it does not affect their legal rights to appeal school placements.

Why is it important for parents to ask to see the consultation documents from the local authority?

It is important because parents have a right to understand the reasons behind the rejection of their preferred school choices, and these documents can provide insight into the local authority's decision-making process.

What are the three conditions under which a local authority can refuse a request for a school placement as per the Children and Families Act 2004?

The local authority can refuse a request if: 1) the setting is unsuitable for the child's needs, 2) the child's attendance would be incompatible with the efficient education of others, or 3) the child's attendance would be incompatible with the efficient use of resources.

Why is it recommended to lodge an appeal as soon as possible if a parent disagrees with the school placement?

It is recommended to lodge an appeal as soon as possible due to the backlog of cases and the potential for long waiting times for tribunal hearings.

What does the speaker suggest doing if a parent cannot find a solicitor to help with an appeal?

The speaker suggests using an AS Advocate, seeking support from friends, or representing oneself with the help of friends and community resources.

Why is self-care emphasized in the script?

Self-care is emphasized because the process of appealing school placements can be stressful and overwhelming, and it's important for parents to maintain their mental health during this challenging time.

What resources does the speaker provide at the end of the script to help with self-care?

The speaker provides links to learn more about tapping, free tapping resources, and a video about self-care techniques to help manage stress and overwhelm.

Outlines

00:00

📚 Understanding the Special Educational Needs Crisis

The speaker begins by discussing the challenges faced by children with an EHCP (Education, Health, and Care Plan) in securing their first-choice secondary school, highlighting a crisis in special educational needs in the UK. They emphasize the importance of being prepared and knowing one's rights, especially as local authorities often push for the cheapest educational option. The speaker mentions the high success rate of appeals at SEND tribunals, where 98% of cases are found in favor of parents. They advise on steps to take if a suitable school place is not offered, including staying informed about deadlines and legal rights, and being proactive in filing complaints if information is not provided on time.

05:01

🏛️ Navigating the SEND Tribunal Process

The speaker continues by discussing the SEND Tribunal process, emphasizing the importance of lodging an appeal quickly and not getting bogged down in meetings or mediation. They mention the current backlog of cases due to the crisis in special education needs, and the potential long wait for a hearing date. The focus is on appealing Section I of the EHCP, which names the school. They also discuss the reasons a local authority might refuse a school placement, such as the setting being unsuitable or incompatibility with the efficient education of others, and how these reasons must be proven by the authority. The speaker encourages viewers to read the SEND Code of Practice to understand their legal rights and to be prepared for the process.

10:02

💼 Legal Support and Self-Care During Appeals

In this paragraph, the speaker discusses the options for legal support during the appeals process, including hiring a solicitor, using an AS Advocate, or representing oneself with the support of friends. They share their personal experience of the stress involved in the process and the importance of self-care. The speaker provides tips on how to manage stress, such as taking a walk, talking to friends, and practicing tapping, a technique that combines aspects of acupuncture and psychotherapy to reduce stress. They also recommend seeking support from online communities and charities that offer advice and resources for parents going through the appeals process.

15:04

🌟 Finding Support and Prioritizing Self-Care

The speaker concludes by encouraging viewers to connect with other parents who are fighting for similar causes and to share stories and support each other. They mention additional resources available, such as self-care tips and an explanation of the tapping technique, which can be helpful in managing stress during the appeals process. The speaker wishes viewers the best of luck in securing an appropriate school place for their child and emphasizes the importance of looking after one's mental health during this challenging time.

Keywords

💡EHCP

EHCP stands for Education, Health and Care Plan. It is a legal document in the UK that outlines the special educational, health and social care needs of a child or young person and the support they should receive. In the video, the speaker discusses how nearly 40% of children with an EHCP did not get their first choice of secondary school, highlighting the challenges faced by families in securing appropriate educational placements for their children.

💡Secondary School

A secondary school is an educational institution where students typically attend between the ages of 11 and 16 or 18, following primary education. The video focuses on the difficulties parents face in getting their children with special needs into their preferred secondary schools, emphasizing the importance of being prepared and knowing one's rights.

💡Special Educational Needs (SEN)

Special Educational Needs refers to a range of learning, communication, understanding, physical or sensory difficulties that children and young people may have. The video discusses a crisis in SEN, indicating that the current system is underfunded and struggling to meet the needs of children with these requirements.

💡Local Authorities

Local authorities in the UK are responsible for providing a range of public services, including education. In the context of the video, local authorities are criticized for pushing parents towards the cheapest and simplest educational options for their children with SEN, rather than what is most appropriate.

💡Appeal

An appeal, in this context, refers to the process of challenging a decision made by a local authority regarding the educational placement of a child with SEN. The video mentions that 98% of cases are found in favor of the parents, indicating that parents have a high chance of success if they appeal.

💡SEND Reform

SEND stands for Special Educational Needs and Disability. The video mentions a 'scent change program', which is a trial program testing parts of the government's white paper around SEND reform. This program is not yet law and does not affect parents' legal rights to appeal decisions about their child's education.

💡Consultation Documents

Consultation documents are records of the discussions and considerations that local authorities have had regarding the educational placement of a child. The video advises parents to request to see these documents to understand why their child was turned down for a school, which is important for the appeals process.

💡Section 394

Section 394 of the Children and Families Act 2004 outlines the limited reasons why a child with an EHCP can be turned down for a school placement. The video emphasizes that local authorities must prove at least one of these conditions applies, which is crucial information for parents considering an appeal.

💡SEN Code of Practice

The SEN Code of Practice is a document that provides guidance on the implementation of the law relating to children and young people with special educational needs. The video encourages parents to read this document to understand their legal rights and how they can be applied in the appeals process.

💡Tribunal

A tribunal is a court where cases are heard, in this case, appeals against local authority decisions regarding school placements for children with SEN. The video advises parents to get their case lodged at tribunal as soon as possible, emphasizing the current backlog and delays in the system.

💡Self-Care

Self-care refers to the actions people take for their own health, well-being, and happiness. The video concludes with advice on looking after one's mental health during the stressful process of appealing for a child's school placement, suggesting activities like walking in nature, talking to friends, and practicing tapping or meditation.

Highlights

Nearly 40% of children with an EHCP did not get their first choice of secondary school.

The UK is experiencing a special educational needs crisis due to underfunded budgets.

Local authorities often push for the cheapest school option regardless of appropriateness.

Parents can appeal school placement decisions at a SEND tribunal, where 98% of cases favor parents.

The deadline for informing parents of secondary school places is February 15th, and it's statutory.

20% of parents in the local borough were not informed within the deadline.

The SEND Change Program is a trial that doesn't affect parents' legal rights to appeal.

Parents have the right to see consultation documents to understand rejection reasons.

There are limited reasons for rejecting an EHCP request, and local authorities must prove these.

Not having space or funding issues are not valid reasons for rejection according to Section 394 of the Children and Families Act 2004.

The SEND Code of Practice is a crucial resource for understanding legal rights.

Local authorities must fully fund the provision in the child's EHCP, regardless of cost.

If parents wish to appeal, they should lodge their case at tribunal as soon as possible.

There is a significant backlog of cases at tribunal due to the crisis.

Parents have the option to use a solicitor, an AS Advocate, or represent themselves with support.

It's important for parents to look after their mental health during the appeals process.

Communities and support networks can provide valuable advice and emotional support.

Self-care techniques such as walking, talking to friends, tapping, meditation, and yoga can help manage stress.

Transcripts

in my burough nearly 40% of children

with an ehcp did not get their first

choice of secondary school I don't tell

you this to try and scare you that's the

last thing I want to do I tell you CU I

want you to be

prepared in the UK we are in the midst

of a special educational needs crisis as

councils go bankrupt people around the

country are waking up to what we've been

bangging on about for ages special

educational needs budgets are woefully

underfunded at the moment this may be

playing out in terms of whether you get

the appropriate school for your child in

most cases local authorities will try

and push you towards the cheapest and

simplest option regardless of whether

it's appropriate for your child you do

not have to accept this you can appe

appeal once more at the scend tribunal

that's where your case goes it's a court

and it's where your case goes if you

appeal

98% 98% of cases are found in the

parents favor so the law is on your side

in this video I want to talk you through

some of the steps you need to take if

you have not been given a school place

that is appropriate for your child

so we're going to start with the fact

that this is being recorded after

February 15th to 2024 so I know some

people may be watching this in 2025 or

whenever but the 15th of February is the

deadline for informing parents of

secondary school places if your child

has an

ehcp if you have not been told then you

need to get on to the phone email

whatever it takes to get that answer

because this deadline is not a nice to

have it is a statutory deadline and

unfortunately again in my local burrow

20% of parents were not told within that

time frame so good chance is the first

thing you need to do is just get on

their case start filing those complaints

if they're not telling you and remind

them of their legal

responsibilities the next thing I want

to flag is something called the scent

change program again this has been

recorded in February 2024 and this is

currently a trial program that is being

run in some parts of the country its

aims is to test out parts of the

government's white paper around send

reform and it's not happening everywhere

it's just happening in some regions now

I just saw a very interesting email um

video from Ipsy who are the charity that

support parents with uh legal advice if

your child has special educational needs

and they were saying that even if your

area has been chosen as one of the

rollout areas it does not affect your

legal rights so one of the things they

are triing is local authorities just

telling parents where their child will

go so currently you may if you're in one

of those areas just be told this is the

school you're having but Ipsy want you

to know that you can steal appeal

because this is not yet law they are

just testing on whether it could become

law and hey let's hope it doesn't

because that will be a bit of a

disaster so the next point is to ask to

see the consultation documents so the

local Authority should have consulted

with your first and second if you had

one choice of schools and you have a

right to see those documents to find out

why they turned you down now this is

important because there are limited

reasons why a child with an ehcp can be

turned down and the schools need to

stick to these and I'm actually going to

read out what Ipsy have on their website

I'm going to read it because I want to

make sure I get the wording right so

they say the only reason the local

Authority can refuse the request is if

one the setting is unsuitable for the

age ability aptitude or special

educational needs of the child or young

person two the attendance of the child

or young person would be incompatible

with the provision of efficient

education of others or three the

attendance of the a child or young

person would be incompatible with the

efficient use of resources so this is

set out in section 394 of the children

and families act

2004 Ipsy say the local Authority has to

prove that at least one of these

conditions applies in order to dislodge

the parent or Young Person's

preference so they will have to comply

with with these you can see sometimes

the wording is a little bit vague

so the attendance of the child or young

person would be incompatible with the

provision or efficient education of of

others is often used when they say we

don't have space so not having space is

not a legitimate reason but they can say

we don't have space and it would be um

incompatible with the education of

others however ever in court a judge is

unlikely to rule that having just one

more student is going to be incompatible

with the education of others so if

they're saying there is no room still

appeal because the law is on your side

and if you're saying it's just one more

child I'm not I'm not sending coach load

over there it's just one more child they

are unlikely to win that and another

reason they often give is uh funding

funding is not appropriate again this is

not a valid reason as you can see from

the reasons I've read it is not listed

on there

furthermore uh if you've read the sen

Cod of practice and this is from the

senoda practice and I you you need to

read the senoda practice and I'm going

to put a link in the description CU I

want you to read the enod of practice

that much I know it's big but you can

actually skip loads of sections

and the reason I want you to read it is

because then you will know your legal

rights and that is so important because

at the moment these local authorities

will just try in and if you know your

legal rights you will be on much better

ground so look in the description you

will see a link to the same code of

practice download it make yourself a cup

of tea and get reading so as I said in

the sen code of practice it states that

the local Authority must fully fund the

provision in the child's ehcp so that's

regardless of cost if you have you

should have a costings mapping um and

they have to fund it so a school can't

say we can't take this child because we

don't have the money because the local

Authority should be providing all the

money so those are some of the common

reasons now you might decide that this

school has just been such beats that you

actually don't want to send your child

there in which case you may decide I

don't really want to have this fight but

if you do want to have the fight if you

do think that this school is the best

option regardless of what they're saying

your child needs to go to this school

then what you need to do is get your

case lodged at tribunal ASAP don't mess

around don't mess around with meetings

or mediation or any of that stuff just

get it logged I mean you can still do

meetings you can get your appeal lodged

and then still say well I'm still open

to discussions but I'm still going ahead

and getting this case Lodge the reason I

say that is because as I say we are in

the middle of a s crisis and the system

is falling apart and the number of cases

that have been lodged at tribunal has

gone through the roof I'm actually in

the middle of a tribunal case myself at

the moment I've been given a year until

my hearing date now now I don't know if

that I don't want anyone to panic now

it's not necessarily the case if what

you're doing is appealing the name

school I think they do try and Fast

Track those ones but it is a long wait

the there was a massive backlog of cases

because of the crisis so if you are

going to appeal what you're appealing is

Section I of your ehcp that is where the

school is named so that's section I and

I'm not going to run through every

single stage but you should have

information on the letter that was sent

to you from your local Authority about

how to start the appeals process now if

you're in a fortunate enough position

that you can afford a solicitor great

although my experience was it was

actually quite hard to find one again we

are in a special educational needs

crisis and the solicitors are all

absolutely backed up with cases but by

all means go for it I'm not going to

make any particular recommendations here

because things change and I don't know

when you're going to be watching this

video and also as I said there's such a

backlog of cases that some people may

find that they just can't get onto the

books of any solicitor you do have other

options you can use an A S Advocate

there are a few agencies around there

again I'm not going to recommend any but

you can maybe ask around locally they

are cheaper than a solicitor but they

are not legal Representatives but they

often have lots of legal knowledge the

other thing you can do and what I have

ended up opting for just because I was

starting to run out of money is doing it

yourself with the support of friends and

this brings me on to my final point

which is you need to look after

yourself I've had quite a rough week

mainly because of my tribunal

case the support I was meant to be

getting from my advocate was not up to

the standard that I was happy with and

so I've had to take it on all myself and

I was sitting at a table on most of the

day on Sunday covered in papers trying

to sort out all the paperwork for the

the uh evidence deadline which was fast

approaching it was extremely stressful

and it was not how I wanted to spend my

weekend I also then got myself into a

bit of a muddle because I am not an

expert on any of this and I had to go

out and seek help and support from

friends to say what do I do next I don't

understand I have to say also the

helpline at the tribunal were very

helpful so you can always call them and

ask them for

advice but I also did Lean Into My

communities because I was feeling so

overwhelmed by it all and people stepped

up people who have been through this

before me were able to advise me

so find your communities there are some

great communities online have a look on

Facebook um search for ECP advice look

on contact uh the charity for disabled

children and their families they have a

Facebook page great place to ask these

kind of questions lean into those

communities because they actually there

are parents in there with a wealth of

knowledge and advice and they can help

you and they don't charge anything

and the other thing is about looking

after your mental health so I have got

much better at recognizing now when I'm

getting overwhelmed and I could tell

over this weekend because I've been

working so hard on this my mental health

was starting to get a little bit frayed

around the edges so I took a break and I

decided I need to do something for me so

the first thing I did was just go out

and go for a walk to move my body to get

out in nature to take a big lung full of

fresh air and just try and clear my head

a

bit the other thing was that I just

talked to some friends just to

say I'm this is really tough um and I

got lots of support from those people

that just made me feel like a little

less alone and the third thing I did was

sat down and did some tapping now you if

you've watched a few of the videos on

the channel you have heard me talk about

tapping if this is your first video then

let me explain tapping is a mix of the

ancient tradition of acupuncture with

Western Psychotherapy so what we do is

we tap on certain parts of the body and

recite statements and this releases

cortisol the stress hormone and it has

has an impact in less than 10 minutes

and I find it great for all sorts of

situations and it was great for this

situation and I could just as I was

tapping just feel my body starting to

relax I also had this morning a bit of

meditation time and a bit of yoga just

to get rid of all those knots and

tensions that the stress are caused in

my body if you want to learn more about

tapping I will put a link at the end of

this video that you can learn a little

bit more about tapping and I will also

put a link at the in the description box

if you want to sign up for some free

tapping resources that I've produced

exclusively for you I will also put a

link to another video I've done about

self-care techniques because you are

really going to need it if you're going

to enter into this process it is tough

but you can do it you you can be the

best advocate for your child so with

that I wish you all the best of luck if

you are going through this process and

know that you are not alone there are

thousands of parents out there fighting

this same cause so connect with them and

share your stories and support each

other good

luck I hope that video got you going

with a plan for what to do if you need

to appeal section I that's the school

named on your Charles

ehcp as I talked about in that video if

you're going through this process it is

really important that you look after

yourself I've given some ideas in that

video but I've got two other videos here

that I think will give you some extra

tips on how to prioritize self-care so

we've got one with some self-care tips

and another which explains what tapping

is I mentioned it in the video it's a

really really useful technique for

relieving stress and overwhelm and it is

ideal for you if you are going through

the appeals process I wish you all the

best of luck with getting an appropriate

School place for your child and watch

these

videos