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Moving into area post January deadline

(10 Posts)
MimsyBorogroves Tue 04-Feb-14 12:46:35

A friend is looking to relocate 200 miles to another area probably sometime around Easter. Her DD will be 4 in March, so due to start at school in September. The school in the village at which they are looking is heavily over subscribed. They haven't applied for a place at the school because they haven't moved - or even bought/rented in the area yet.

What happens? If they move into the new area will they be allocated a place even though they've missed the deadline, or would they end up with a place at the nearest school with availability? I thought it was the latter, but she's adamant she will be given a place because she's moving and "it wouldn't be fair". hmm

If she does move but chooses to defer entry if she's given a place at a different school am I also right in thinking she won't automatically get a place after her DD turns 5 - only if a space comes up and there is no-one else waiting?

Sorry for questions that are seemingly obvious to me - just want to back my statements up with evidence.

MirandaWest Tue 04-Feb-14 12:48:36

You are right - places aren't saved for people moving into the area. She would be given a place at the nearest school with availability.

PatriciaHolm Tue 04-Feb-14 12:50:13

the latter, i'm afraid, if the school is full. Schools don't keep back places for those who move in late, or go over their numbers to accommodate them. She will be given a space somewhere, but who knows where; it will be the nearest school with space, which could be some distance away.

She could possibly appeal, but if the school is full with 30 pupils per class, she is almost certain to fail as there are very limited grounds on which she could appeal for a full reception class.

She can wait on the waiting list if she wants, but will only get a place if someone leaves and she is top of the list.

CouthyMow Tue 04-Feb-14 12:51:51

Depends on HOW far away the further away school is, as there is something called the 'Fair Access Protocol'. Unlikely to be used unless the offered school is over 7 mikes away, though.

BetsyBoop Tue 04-Feb-14 18:44:37

Just to clarify how it works if the LA invoke the FAP - if no local schools have any available places then a place will be "made available" at the local school that is most able to accommodate an extra child, this would not necessarily be the village school - the parents don't choose the school under FAP the LA do (in consultation with local schools)

itsahen Tue 04-Feb-14 19:49:39

I am not sure why she would think she would get a place. Lots of people move for all sorts of reasons but then have to accept whatever is left schools wise. Where I am schools are all full with waiting lists.

prh47bridge Tue 04-Feb-14 23:21:24

Just to add that there is nothing magical about the 7 miles figure. Some LAs may have that as a limit but legally they are only required to use the FAP if there are no places available within a reasonable distance. There is no official definition of what classes as reasonable but existing case law suggests that it covers anything up to an hour's journey in each direction.

LoveMyKidsLoads Tue 04-Feb-14 23:27:12

Depends how the LA run it. I know of a school which is the only primary in the town, and only one within 3 miles. The LA is forcing them to take kids in who move into the town. Year 1 classes have 32 in each of them and year 5 classes 37 in each.

Apparently it gets worse the older the children get as families move into the town as the secondary is so highly regarded.

Craziness.

tiggytape Wed 05-Feb-14 08:57:31

* I know of a school which is the only primary in the town, and only one within 3 miles. The LA is forcing them to take kids in who move into the town.*

That may be acceptable if the children are all in Year 3 or older but it is not acceptable to do this with younger children because the Infant Class Size rules limit them to 30 per class (these rules don't apply to KS2 upwards so 32 or 34 in a class for children over the age of 7 isn't unheard of).

OP, if your friend moves and the school is full, they will find her another school with a vacancy as close as possible (which may or may not be that close depending on the area and where there are vacancies).
If the vacancy they find is more than 2 miles away they must provide free transport.
They cannot just create a place for her in a full school. They don't save any spaces either for people moving into an area.

If literally no school at all has a space, they will use emergency measures to create one but it won't be in the school of her choice. It will be in the school that the council decides is most able to accommodate 1 extra pupil.

CouthyMow Wed 05-Feb-14 09:57:28

Tiggytape is right. My DD ended up as the 37th DC in a mixed Y1/Y2 class a few years ago, under the FAP - but it was because that school had classrooms twice the size of the other local schools, which were limited to 24/30 by the classroom size, so that school was best able to accommodate the additional pupils. They had larger school halls too, and wider corridors.

Unfortunately it wasn't my closest school, or my second closest, or even my THIRD closest school, it was the fourth closest school to my house.

Also, they have to pay transport if the school is over 2 miles away from the house for a DC up to the end of Y2, but the transport costs will only be paid for a DC in Y3 or above if the school is over THREE miles away.

And the LA is under no obligation to provide transport costs for the parent, either - often they will just provide a bus pass for the child, and the parent has to pay for themselves to accompany the DC...

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