Appeal for Y1: advice needed please

[Soverytired4]

Hello. First post. Read lots of good advice given to others here and hoping to get some myself. OK. Recently moved (Oct). Managed to get DS1 (Y4) into school of our choice, despite it not being our catchment school. It's Ofsted outstanding, there's a good, positive, energetic feel to the school and we're therefore v happy. We have put this school as 1st choice for our DD1 who is due to start YR in Sept. I think we should be successful as the Council informed me that all siblings living out of catchment (criteria 4) were admitted last year up to 1.5miles (approx) away and we're 0.5 (approx) away. So, all good.

Our problem is we need a Y1 place for DS2. He is currently no.5 on the reserve list (90 in the year group). He is no.3 on the reserve list at our catchment school (45 in year group), also about 0.5 away but in the other direction from our house. We have been offered a school about 2 miles away (approx 1 mile away if cut across a common but not ideal at this time of year with 4 kids). It is also in the opposite direction to DS1's school. So, we have opted to home educate for the time being. I am a teacher currently on maternity leave and short term it's not a problem but we really don't want to be doing this long term and there's just no telling how long we'll have to wait before a place becomes available.

We're thinking of putting in an application to appeal. We'd obviously like him to be in the same school as his siblings and also as he has a Speech and Language disorder we believe he would be better able to access the help available if he were in school. Not to mention the social aspect of being in school which I'm sure would help with improving his speech sounds. We have a S&L Discharge Report from where we were living before which outlines his verbal dyspraxic tendencies and dysfluency (stammer). He is on a waiting list to be seen by the S&L Service in our new area. He has started to become resistant to me teaching him and I feel he is behind where he should be with his phonics/diphthongs and reading/writing. He struggles with his pencil grip and also has recently been complaining of words jumping off the page...

Do we stand a chance of winning an appeal? I've read about Infant Class sizes not being able to go over 30 so I don't know whether it's worth the appeal if they're at 30 already. If we do proceed do we appeal for a place this year in Y1 or a Y2 place for next year? Please advise! Can we carry on appealing if unsuccessful first time? What should I write on the appeal form? What do I say at the hearing? Sorry for the essay! Many, many thanks in advance for any help you can give us.

[temporarilyjerry]

Same school as siblings is a valid reason. Re speech and language, you will need to prove that the school you want would provide for his needs better than the school that you've been offered. Could you do that? We have 45 in year 1 and two pupils have left so far this year, so there may be hope.

[prh47bridge]

As Tiggytape says, this would be an infant class size appeal and can only be won on the limited grounds she sets out. For an in year application like this it is very unlikely that you will win. You can still try. You have nothing to lose and it is just possible you will win. But you need to be realistic about your chances.

If you appeal now it will be for a place in Y1. You can appeal again next year for a place in Y2. Your chances improve significantly in around 15 months time when you would be appealing for Y3.

Is there any chance your son needs an EHC plan? If he does you will be asked to nominate the school you want named on the plan. The LA has very limited grounds for refusing to name your choice of school. The school named on the plan must admit your child even if they don't have any places available.

If you do choose to appeal you should make the best case you can as to why your son needs to be at this particular school. Being with siblings is not usually particularly strong unless you can show that he has greater need than most children to attend the same school as them. If you can show that your preferred school is the best for dealing with his difficulties that would normally be a good case. However, if you appeal for Y1 or Y2 you are dependent on getting a panel that is willing to bend the rules for you.

[admission]

Agree with PRH and tiggytape about the appeal possibilities (or lack of ) but the other thing that I would check is the current place on the waiting list. Firstly check whether there is actually a waiting list because many schools and LAs do not keep a waiting list after Christmas of the reception year.
If they do keep a waiting list then it should be kept in admission criteria order and as from your post there appears to be some priority given to siblings it is slightly surprising that you are 5th on the list. Are they actually giving you sibling priority or have you just got a situation where there are others who are higher priority.
The fact that this is a school with admission number of 90, would suggest that the school will have some movement of pupils, so I would ask the school how much movement there is in the school. That will give you an idea of the likelyhood of you getting to the top of the waiting list.

[Soverytired4]

Thank you all for your advice. Very much appreciated. I do have some more questions but will come back to this tomorrow now. Many thanks again.

[Soverytired4]

Sorry, meant to get back to this before... Checked place on reserve list and he is number 5 and they know about him having a sibling in the school. It seems catchment trumps sibling priority. A place has become available in Yr 1 and whilst it's unlikely 4 ahead of him will turn it down it's hopeful that there is some movement...

I'm really not sure about the EHC plan. Not being in school or seeing a speech therapist at the moment makes it hard to get advice on that. I do know that his previous speech therapist in London said it would be really hard to get him statemented for Verbal Dyspraxia so I'm not hopeful on that score.

I think we will look to place him in the school we've been offered (nightmare school run) possibly after Easter or September if still no luck. I'm worried he wouldn't pass the Yr 1 phonics test if he carries on with me and I think he is behind with his reading and writing.

As for the appeal, I think we will go ahead as nothing to lose but I'm realistic about our (lack of) chances. When things relax a bit in Yr 3 should I appeal for a yr 3 place at the end of Yr 2? The reasons for our appeal are wanting siblings in same school and wanting him to have best access to help for his speech disorder and the social aspect. I will include his speech therapist's report. Is there anything else I should be saying?

Many thanks

[prh47bridge]

As your son is in Y1 the school does not have to keep the place you have been offered open. If you don't take it up soon you may lose it. I would be very surprised if you were allowed to hold onto the place until September. Of course, if the school concerned has plenty of places available that isn't a problem. But if it is nearly full you may find that you are back at square one.

If you still want to get your son into this school you should definitely try again around the end of Y2. Apart from the things you have already listed look for anything the preferred school offers that isn't available at the allocated school. If you find anything that is particularly relevant to your son you should raise that in the appeal.

[eddiemairswife]

The place at the offered school will not be held for you indefinitely. You might find that if you delay accepting until Easter the place is no longer available.

[Soverytired4]

The school that has offered the place has 22 places in Yr1. I think they recently went to 3 form entry. Thanks all again for the advice.

[Soverytired4]

One other question...

Should we inform the head teacher of our intention to appeal? Is it best to be up front?

Thankyou.