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AIBU?

Primary school full - Aibu to appeal?

66 replies

MunchingCow · 15/05/2013 20:12

I'm a regular who has name changed for this post. Basically DH and I have 3 DC under the age of 7. We have always rented but have now saved enough for a deposit, rent is crippling us at over £1000PM. We've found a house which is within our budget (they are few and far between where we live!) and have put an offer in.

There is a school literally opposite the house which we hoped our DC could go to but I spoke to them today and they are full & so is every other school in the area (there are about 5).... I spoke to the local authority I they said they have space at a school which is 2 miles away.

We have one car which DH uses for work and cannot afford to run another one, but also cannot do an 8 mile trip on foot everyday. DS (4) has bad asthma and the 2 mile walk to school is along main roads.

I'm really upset and don't know what to do, should I appeal?

OP posts:

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shewhowines · 15/05/2013 20:15

Yes, it's worth appealing, but get on the waiting list. As you will have just moved into the area and will live close by, you should be at the top of the list. That's how it works near us

wendybird77 · 15/05/2013 20:16

Appeal. Do you work outside the home? Tell the LA that you don't have a car and can't do the journey and that you will have to home educate - worked for a friend of mine!

MunchingCow · 15/05/2013 20:17

Thanks guys, I can't see how an 8 mile round trip daily with toddler in tow is reasonable.

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MunchingCow · 15/05/2013 20:18

No, I'm a SAHM and work evenings from home

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MunchingCow · 15/05/2013 20:19

They said that there is a law against having anymore than 30 in a reception class so they cannot legally do anything for us.

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McNewPants2013 · 15/05/2013 20:19

Appeal and also put in for transport cost

Rainbowinthesky · 15/05/2013 20:20

What grounds are you appealing on? I don't see how not having two cars would make a difference. You don't have to home educate because the nearest school with spaces is 2 miles away.

Rainbowinthesky · 15/05/2013 20:21

I don't think the LA have to provide transport unless over 3 miles.

AvrilPoisson · 15/05/2013 20:22

I do not see what your grounds for appeal would be.
You would in all likelihood be top of the waiting list though.

I know families that have moved into an area, and been offered a place for 1 child 1 mile away, 2nd child 2 mies opposite direction, and 3rd child 3 miles in a different direction!

Appealing didn't work.

Rainbowinthesky · 15/05/2013 20:23

I think your only chance is to go on the waiting list.

AvrilPoisson · 15/05/2013 20:23

The free transport thing is a shorter distance for children under 8, as they cannot be expected to walk as far in a reasonable time.

Rainbowinthesky · 15/05/2013 20:24

Oh, but I would have thought then they would provide transport to the school for the children going. Not for the toddler though.

phantomnamechanger · 15/05/2013 20:24

Is it not the case that if they can't get you into your nearest school they have to pay for transport/taxi to the nearest available school - that's how it is here. Or does it depend on the distance?
I didn't think appeals were for cases like this - I thought appeals were for the normal applications for school places only.
I also think the poster was correct in saying your proximity will trump others who may have been on the list for longer, eg if they are trying to move from a school they just don't like.

McNewPants2013 · 15/05/2013 20:27

Under 8 is 2 miles. Op what is the actual distance because under 2 miles you will not get it.

MunchingCow · 15/05/2013 20:29

I think it's 1.9

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AuntieStella · 15/05/2013 20:30

They have to provide free transport if the school is over 2 miles away (primary) or 3 miles (secondary).

If the classes are full t 30, then it's likely that infant class size rules will apply. Did you apply as an in-year admission?

Are you on the waiting list?

LaGuardia · 15/05/2013 20:30

Can you look for another house which is close to the school which does have places available?

MunchingCow · 15/05/2013 20:31

The local authority said we won't get in if we apply. They were really unhelpful actually

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shewhowines · 15/05/2013 20:32

Get medical evidence about the asthma and prove that it is not possible to walk the distance/be unaccompanied on the bus.

It is not illegal to have over 30 in the class in secondary. Not sure about primary. They just don't like doing it.

nennypops · 15/05/2013 20:34

Children can be eligible for school transport even if they live less than 2 miles away from the school if they have a disability which means that they can't walk to school - see media.education.gov.uk/assets/files/pdf/g/stat%20guidance%20home%20to%20school%20transport.pdf,. It sounds as if you could well qualify if you get medical evidence proving that your son can't walk to and from school.

MunchingCow · 15/05/2013 20:34

They said there is a law which will not allow them to have over 30 in a reception class.

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pooka · 15/05/2013 20:34

YANBU to appeal.

However, if it is an infant class size appeal (i.e. the classes you're wanting are in key stage 1 and are full with 30 children) then you can only win if you can show that a mistake has been made that has deprived you of a place.

Arguments about practicalities of getting to the allocated school may be heard with sympathy, but will not alter the infant class size prejudice.

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MunchingCow · 15/05/2013 20:35

nennypops - Would that mean that me and DD would have to walk while DS got the bus?

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Cloverer · 15/05/2013 20:37

They can't have over 30 in an infant class, so no good appealing on those grounds.

1.9 miles isn't that far though. Are there no buses?

Can't the kids scoot? Get a bike maybe?

AuntieStella · 15/05/2013 20:39

Yes, the Infant Class Size (ICS) rules are law.

You can only win an appeal if you can show there has been a mistake that deprived your DC of a place, if the selection criteria are unlawful, or if the decision is so perverse it cannot be allowed to stand (very tough one this, think things like child protection issues).

Via waiting list might be a better option. Is it an area where people do move around a bit, and vacancies come up?

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