Primary School Appeals(6 Posts)
I am about to go through the nightmare which is the School Appeals Process and I am interested to know if any one out there has ever won an appeal against school class size? & any advice on how to prepare my case is very welcome
blondesam - Yes people have won an ICS appeal (the type where there are already 30 per class and the child is aged 4-7) but only in very limited circumstances.
Basically class sizes for Reception, Year 1 and Year 2 are set by law. An appeal panel does not have the power to go against that law even if they feel the parent's reasons for wanting a place are very strong.
However the appeal panel is allowed to put right anything that went wrong in the admissions process even if that results in a class larger than 30.
So, for example, if you failed to get a place because the council used the wrong address and said you lived too far away even though you don't, then you could win.
If however the admissions process was all done by the book but you just don't like the outcome, you are unlikely to win an ICS appeal.
The non ICS appeals are easier to win. They apply to people applying for places in Year 3 and above or people applying for younger children in small schools that are full with less than 30 per class. For these you can win if you have strong reasons for wanting a particular school and the panel agrees with your reasons. If you outlined your situation it would be easier to tell which category you fall into.
Hi, unfortunately my appeal is against class size and the only point I can think of is that I live further than 2 miles from the school offered to us & im sure the rule is local schools for local children so I should have been offered a school within the 2 miles radius.
That would be a very unusual rule. How exactly is it written in your LEA's admissions information?
If you are offered a school further than 2 miles away for a child under 8 then they have to provide free transport. There are lots of places where there is no school closer than 2 miles.
No - there is no rule that says local schools for local children.
Schools must have admissions policies that comply with the law so they can choose pupils on faith or distance or sibling criteria. Assuming your local school has this type of policy, and has stuck to it, then you do not have any grounds to win at appeal over this. Unfortunately liviing close to a school does not mean you will get a place.
Of course, if you think they've messed up - measuring the distances wrong or made some other area - that is a totally different thing and can win at appeal.
If you'd been given a school 15 miles away that would take over an hour to travel to then you could start to move into the argument of it not being a reasonable or rational decision. However 2 miles is not so unusual. You should have been offered free transport - if not this is something you should chase up. The fact that the allocated school is not your closest one or is several miles away however won't in itself be grounds to win an appeal though. Not unless your child has a medical / social condition that means they cannot travel.
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