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Can the LA refuse to consult an Independent mainstream
My LA is refusing to consult a mainstream secondary independent unless I agree to pay the school fees, and they will pay any top up from the EHCP (very little support needed at the moment) my child is mainly SEMH does not want sen in a mainstream but wants to go to a small class size mainstream (independent) LA is refusing, I will appeal but is it lawful to refuse to consult the school? they seem to be using a loop hole by re stating they are not refusing to consult, they will consult if I agree to pay the fees is this lawful?
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Would I have grounds to appeal to SENDIST for daughter not passing kent test?
My daughter is about to transition to secondary in Sep 2026, she has a diagnosis of autism. Schooling has been on off with part time time -tables, strong EBSA history, missed almost all year 5 due to anxiety, she did not engage with learning. This year complete turn around forged friendships, great teacher super high attendance. likely to be either the top student in her class for sats or in the cohort that excel. senco believes she would have passed the kent test this year if taken now. I did not apply for extra time for the kent test (was not sure, and did not want to approach her school as she was out of school at that time) the score that lowered her was maths which she is has now caught up with and is excelling, since re-engaging with learning. I believe her score does not reflect her academic ability (senco agrees) can I appeal? is there scope for an appeal on medical/mental health grounds? (SEMH significant) previous CAMHS involvement. she is heartbroken she is not going there due to not passing. LA have named sen provision in mainstream she does not want that, she wants to be in an academic environment her current school are willing to back me but do I have a case or am I clutching at straws and what should I do please? I read I can only appeal a school place if she passed but think (not sure) it may be different if you have an EHCP? I don't know my options or if I have none or some? appreciate any advice please, thank you.
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