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Original poster

My child can't go to a school they've given him

70 replies

Ccivy1982 · 10/04/2019 12:04

I have a child whos been allocated a school that he can't go to as a perpetrator who he has a restraining on 4 children go there and we've been through 18 months of hell and he won in court against the abuser. We only.picked 1 school as he said he felt safe to go there and would.enjoy.school.once again ... the education welfare dont seem to care his life would be at risk if he attends the school and i have appealed to all local.schools but getting no where, I will end up home schooling him but I have a 4 month old baby and 2 brain tumours and work 12 hour.night shifts and I'm.not sure I can even do it but my child will be in danger And had threatened his own life if he has to go to that school with those children.... can any one give me any advise????

OP posts:
shatteredandstressed · 10/04/2019 21:30

The appeal hearings in our area are all mid to late May.

admission · 10/04/2019 20:30

I think that there maybe confusion here on what has happened. OP can you confirm that after you were allocated the school you were allocated that you have asked to go on the waiting list for each of the schools that you believe would be acceptable to you and your child?
I think the answer to the question is yes and that they have all said that they are full and have no places available. Are you saying this is the appeal for the school, because it is not?
I also find it difficult to believe that the schools have carried out the appeals so quickly. Have you been asked to supply your case in writing? Have you seen the admission authorities case not to admit in writing and have you actually been to an appeal hearing in person?
Your situation is one that any appeal panel would normally have a great deal of sympathy for, so again I question whether we are cross purposes as to how far this has gone.
If you want to PM in private if you do not want to divulge any more detail but I would be intrigue to know for a start where this LA is that is so efficient that they have all the appeals completed. Frankly I do not believe it is possible, so we must have a communication issue here.

PanelChair · 10/04/2019 20:13

Like prh47bridge, I'm very surprised to hear that OP has already attended multiple appeal panels - most LEAs now will still be in the process of setting them up, so this is remarkably speedy.

myrtleWilson · 10/04/2019 19:36

I thought that too mustbe which is why I tagged the experts in case I was misunderstanding completely.

Hopefully she'll be back soon and can benefit from brilliant advice of prh and admission and others too

Mustbetimeforachange · 10/04/2019 19:23

It doesn't sound like the OP has actually been to appeals hearings? I'm confused!

prh47bridge · 10/04/2019 19:18

If the school had such a category it may have come under that. However, from what the OP has posted, we are past that now. It is only relevant inasmuch as, if the school does have this category and she provided evidence, she could argue that the decision not to put her son in this category was unreasonable.

CatWhisker · 10/04/2019 18:26

Would this come under Exceptional Social/Medical Needs? It's the second priority after Looked after children in my dc's school admission arrangements.
Could you apply under that criteria to other schools?

prh47bridge · 10/04/2019 17:14

The Fair Access Protocol is unlikely to be appropriate. The FAP is for pupils who have difficulty securing a place outside the normal admissions round. The OP appears to have applied in the normal admissions round (assuming she is applying for a Y7 place) and she has a place for her child. In most LAs, that would rule out the FAP.

Charmatt · 10/04/2019 16:34

Have you tried asking to be referred to the Fair Access Panel? Every Authority has a Fair Access Protocol which looks after vulnerable children. This is the link to Nottinghamshire's FAP which was easy to find on the internet:

www.nottinghamshire.gov.uk/media/108354/fair-access-factsheet.pdf

I am aware they have just gone through consultation on changes for this, but it shouldn't be too dissimilar for the LA in your area. I think your child may qualify for them to look at finding a solution.

prh47bridge · 10/04/2019 15:54

some where sat on 29th March and we're rejected

Are you in England?

If you are, 29th March is only 4 weeks after offers came out so a hearing that early seems very unlikely unless you are appealing for a year other than year 7. Did you go to a hearing where there was an appeal panel of at least 3 people in the room, the school presented its case to refuse admission then you presented your case for your son to be admitted? If you haven't been to a hearing your appeals have not yet been dealt with.

If you aren't, please say where you are as that will help people to advise you.

Original poster
Ccivy1982 · 10/04/2019 15:24

29th March sorry

OP posts:
Original poster
Ccivy1982 · 10/04/2019 15:23

Yes I have appealed , some where sat on 29th April and we're rejected... some councils only deal with non academy schools and rest was private appeals and I have 1 left to go and been rejected from this 3rd appeal.....so 1 left to go but on all waiting lists for ANY school that's not the allocated one. You would.hope someone reads the appeals and looks at the safeguarding however I know with schools it's a postcode lottery too.... but I'll keep going

OP posts:
prh47bridge · 10/04/2019 15:17

I'm a bit lost with where you are with appeals. You seem to imply that your appeals have failed but I wouldn't expect appeals for admission to Y7 in September to have started yet. So have you been to appeal hearings or not? If you have submitted an appeal and there hasn't been a hearing your appeal has not been decided yet.

You have a good case for appeal in my view. You should argue that the presence of the children of someone against whom there is a restraining order raises safeguarding genuine safeguarding concerns regarding the allocated school and you therefore need a place at another school.

Original poster
Ccivy1982 · 10/04/2019 15:00

Yes the children are not named on the order so understand it's not the council fault.however they should take.into consideration the outlined restrictions on the order and see that he wouldn't be safe with children there who were part of the case .....and.once it's known he's there who.knows what will happen ,the parent could turn up as the restrictions are.not.on the new school but on the current one....and the children were part of the abuse so 4 against 1 child.whos been through enough just isn't fair....the parent couldn't turn up at another school where her children don't go as that would be wierd and obvious ..... I just can't see him going through torment again and he really.doesnt want to, he's stood before a judge and jury and done his bit .... he just wants to.ve safe and learn in a safe environment .... all this was in all appeals and reasons why from.the start but like.i said I get no where

OP posts:
stucknoue · 10/04/2019 14:50

I don't understand how a parent who has been subjected to a court case and has a restraining order can be allowed anywhere near a school, or or have parental responsibility, restraining orders are not issued without good reason. But that said the parent doesn't go to the school the children do and I'm suspecting they aren't part of the restraining order - whilst it's not very nice, the council haven't done anything wrong. I named the school I didn't want my dd to attend and why in my application, I'm guessing this wasn't the case here

Original poster
Ccivy1982 · 10/04/2019 14:50

Thank you appreciate your comments ....and yes all 14 schools .....it's been very stressful.... and yes I've said I will.drive out of the village as far as it takes but it's separate boroughs and councils and they have been least helpful as possible, I don't mind taking him however far it takes.... I've fought this long and like.i said I keep hitting brick walls .... but I'll do what it takes to.keep him safe

OP posts:
myrtleWilson · 10/04/2019 14:35

I'll tag a couple of the experts! @prh47bridge @admission

Tomtontom · 10/04/2019 14:31

There is a flaw in the appeals system here. In order to be successful you have to explain why only the school in question can meet the needs of the child. However in the OP's case, she will take any school except one. She has a valid case, but no hope of success because of the way the system works.

Can any of the appeals experts offer suggestions on how that could be addressed?

Tomtontom · 10/04/2019 14:28

Cross post - if he is 6th on one list that sounds very hopeful.

Jackshouse · 10/04/2019 14:28

Have you been to appeals panel for all 14 school?

Why do you think this one school is safer than all the others without the problem parent?

Tomtontom · 10/04/2019 14:27

Have you asked where the closest school with places is? It may be some distance away, but would be an interim measure until a closer place comes up.

Also a good point on where he is on the waiting lists. There can be lots of movement before September, he may well get offered a place in the meantime.

Original poster
Ccivy1982 · 10/04/2019 14:25

Yes I've done all the paperwork and appealed formally to.both schools and education Welfare.... I'm waiting on one more appeal , he's 179th on one, 6th on another and then he's in the 20s for the other 12 schools ..... I.know he's not the only child to not get into a school but most children. Don't have circumstances at 11 having been through a traumatic court case and just want to be kept safe

OP posts:
myrtleWilson · 10/04/2019 14:21

Can I clarify when you say you've appealed do you mean you've submitted formal paperwork and then attended an appeal hearing?
Where are you on the waiting lists?

Original poster
Ccivy1982 · 10/04/2019 14:17

I appealed with several reasons they have a great senco team and a small intake ect and the grounds of safety , I have appealed 3 times but it was a high birth rate year in 2007/2008 so yes hes been allocated catchment school which is big school with an even bigger year group, I have been and appealed to all 14 secondary schools but Its same story there full with huge waiting lists, and I've sat appeals with these schools and still.nothing....

OP posts:
Tomtontom · 10/04/2019 14:15

Many areas no longer have catchment areas @Holiday.