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home education has meant our child is not able to access secondary school

110 replies

woodlandwonder · 01/06/2014 11:50

I am wondering whether there is anyone who has had a similar situation happen. We are in Manchester and the admission criteria for oversubscription places anyone at a state funded primary school and academy before anyone else. This has meant that our home educated daughter has not got in, is 87th on the waiting list and on appeal we have lost. We are awaiting their reasons. Despite the admissions code stating they are not allowed to disadvantage a social group our appeal has failed. We are considering ombudsperson, judicial review etc. Has anyone done this? Children at independent schools are also caught by this criteria.

OP posts:
tiggytape · 02/06/2014 22:50

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TheMightyMing · 02/06/2014 22:09

None starter I meant.

TheMightyMing · 02/06/2014 22:09

This doesn't sound right at all. Was it because this was a faith school?

And being a local resident, I wouldn't send my child to any of those schools who still have spaces , because quite frankly none of them are particularly good.Unless King David had a space - but if you are not Jewish then that's probably a nine starter.

I hope you get sorted- my friend won and appeal on Saturday and another friend of mine had a successful mid year transfer appeal.

Where are you in Mcr?

TortoiseUpATreeAgain · 02/06/2014 22:07

Thread title doesn't say she can't access secondary education. It says she can't access "secondary school" which given this is a forum rather than a formal piece of writing could be taken to mean either secondary schools in general or (as the OP intended) a particular secondary school.

Fram · 02/06/2014 21:58

I agree the admission criteria seem unfair- it would be far more equitable to simply restrict priority 4 to those living within Manchester LA. However, it really hacks me off when people blatantly lie in their thread titles! Angry She can access secondary education- she has been offered a place at a school. Why the deception, please? [cats bum face]

woodlandwonder · 02/06/2014 21:36

Thank you AllMimsy that is exactly what I was looking for. I can now leave the matter as being a case of them's the rules. It has been hard just because when we asked the head teachers they said that we would have a good case at appeal and because when we asked the council directly they gave us 3 different responses and then when we asked for clarification stopped responding to us altogether. We are looking at school options and happy to home ed until then. Many thanks for all respondents for taking the time to help out.

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Iseenyou · 02/06/2014 21:32

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JodieGarberJacob · 02/06/2014 21:29

I must be looking at something different to everyone else! I can only see priority given to named primaries or linked schools.

AllMimsyWereTheBorogoves · 02/06/2014 21:20

the link again!

AllMimsyWereTheBorogoves · 02/06/2014 21:19

[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/304598/ada2147_manchester_schools_-_12_october_2011.pdf It wouldn't be the first objection.] The link is to the adjudicator's judgement from three years ago. A parent whose child went to a Jewish primary school outside Manchester objected to this specific aspect of Manchester's admissions policy and the adjudicator didn't uphold the complaint. So I'm afraid it is considered legal.

MillyMollyMama · 02/06/2014 21:07

It seems inconceivable that Manchester's policy has not been challenged before by very many parents. This case cannot be the first, surely? It is also worth noting that huge numbers of children do not get into their local schools, despite families living in an area for generations. You seem to feel OP, that your rights trump other people's rights and that you have lived in the area for longer, but there are 85 sets of parents who probably feel the same. It does mean that all parents, at independent or non school settings, must do their homework and not make assumptions. It would be interesting to hear views from other Manchester parents about their views on this policy.

prh47bridge · 01/06/2014 23:54

surely then the LEA are directly favouring Manchester Children

Since their admission criteria for primary schools don't do anything to make it difficult for children from other areas to get admitted I think Manchester would argue that they aren't doing this. But I think they are coming mighty close. At best they haven't thought this through.

I think asking LGO to consider if this is a step too far in attempting to subvert the Greenwich ruling would be worthwhile

Apart from the fact that you need to ask the Schools Adjudicator rather than the LGO I agree completely.

bucketofbathtoys · 01/06/2014 21:11

The problem is that some schools are very over subscribed and some massively under subscribed. The LEA web site gives all the details by school. www.manchester.gov.uk/info/705/school_admissions/5283/secondary_school_admissions_201415

There are only actually about 23 secondary schools in Manchester LEA (as opposed to the huge Greater Manchester area). 12 of their schools have spaces according to the web site. They have offered the nearest available alternative e.g. if you lived in Chorlton and Chorlton High and others are full then Levenshulme Girls High would be about 4 miles away?

I guess the LEA will say they have offered a school and you could choose any of the others? Its harsh but that's how it works?

AuntieStella · 01/06/2014 21:08

I think asking LGO to consider if this is a step too far in attempting to subvert the Greenwich ruling would be worthwhile.

But aside from that, I don't think you have an argument. DC who may not have attended a local state primary for a 'protected' reason (such as traveller children) already have special consideration. The consequences of parental choice (HE, private, or even just living in a black spot) are simply things that simply follow your earlier choices.

Iseenyou · 01/06/2014 21:01

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TalkinPeace · 01/06/2014 20:43

4 miles is not much in Secondary school land
DCs catchment is 11 miles across ...

JodieGarberJacob · 01/06/2014 19:43

The children who live just over the border won't be at a disadvantage if they already go to a Manchester primary. So if they were able to go to get into the primary eg it was their nearest school they will be ok getting into the secondary. Even if the rule was overturned the op might not get in, especially if there are 87 in front. The majority of those
might also benefit from it.

doodledotmum · 01/06/2014 19:11

Tiggy - surely then the LEA are directly favouring Manchester Children? Our 2 nearest secondaries are literally right on the LEA border ....

doodledotmum · 01/06/2014 19:05

I was going to suggest neighbouring LEAs too - any where in Manchester you are actually only a few miles from the neighbouring LEA : Trafford and Stockport have good schools - not sure about Tameside or Salford.

Cardinal · 01/06/2014 18:58

Which side of Manchester are you? I'd be looking at Bury, miles better state schools.

tiggytape · 01/06/2014 18:49

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doodledotmum · 01/06/2014 18:47

OP what happened to all you DD HEd friends in the same year ? There are loads of HEd families around ?

HolidayCriminal · 01/06/2014 18:43

you complained that the admissions code disadvantages a social group (meaning a group with designated special status, I presumed). I'm not even sure if HErs would generally like to be described as a distinct social group. Maybe the kids in private schools have a better case for distinct social group.

DC each travel 9 miles to different secondaries. Cost to me = £320-£550/yr.

doodledotmum · 01/06/2014 18:36

I guess though at 4 miles friends won't be local so that defeats the object - especially if you want coed too Hmm

prh47bridge · 01/06/2014 18:35

I think these admission criteria are in breach of the Admissions Code. And, given the Greenwich judgement, I think there is a strong possibility the courts would rule them illegal. The first step is to refer the criteria to the Schools Adjudicator (NOT the LGO - they don't have any power to rule on admission criteria).

You should accept the place you have been offered. You need to see the detailed reasons for your appeal failing before deciding what other steps to take. It may be the panel agreed that the admission criteria are in breach but decided you wouldn't have got a place anyway. However, if they decided the criteria are not in breach I would refer this to the LGO. Obviously your reference to the LGO would be strengthened if the Schools Adjudicator agrees that these criteria are in breach.