Appeal on medical and social grounds

They haven't had their appeal yet, so don't need to "re-appeal"!

If you meant ask for the exceptional circumstances to be reconsidered by the admissions authority, then that is usually only agreed to if there has been a substantive change in circumstances, not just additional evidence. It is the applicant's responsibility to submit their evidence with the original application rather than drip feed.

However, applicants can certainly add all the additional evidence to their appeal case for fresh consideration by the Appeals panel. Think of the Appeal as a second (and final) chance to have the exceptional circumstances considered.

Gosh that’s a very oversubscribed school if you’re that far down the WL even at 1.1km away. I’m guessing a school that is so oversubscribed is going to have a pretty good case on overcrowding. Especially as it’s already well over PAN. It sounds similar to Graveney near me which has, for example, teachers perching on windowsills because there is no space for a teacher’s desk. If it is Graveney I warn you it’s very hard to outweigh their overcrowding case.

As a panellist I would be quizzing you about this: there are no local schools that match my sons’s needs. To be blunt, I see a lot of appellants making points like this but they haven’t actually investigated the (say) GCSE or pastoral provision at alternative nearby schools, or whether those schools have space - they have clearly written these schools off because of lower academic or behavioural reputation. At this point it often becomes clear that the real reason for seeking this school is not GCSE options or asthma or anxiety etc but is in fact the better academic/behavioural reputation. Or ease of school runs. None of which work as a ground of appeal.

So my question would be, have you actually looked into other nearby schools? How do you know there is something specific that this school offers that the others don’t?

The letters you mention - I presume you have put them in as appeal evidence. Do they say this school is necessary?

If you’ve got more evidence, then you may need to ask the question whether you can re-appeal, although possibly you’ve missed the deadline now, and may have to wait until next year. Then you may be able to do an in-school transfer (if they have spaces).

But do they currently work in the school you are appealing for?

1. You will get a copy of the school's written case before the hearing. When you have that, you can figure out what questions to ask (or post it on here for some guidance)
2. There are no rules. When I've presented cases, I have generally aimed for 1-2 minutes, but I've sometimes gone for something longer where that has been necessary to emphasise the strongest points. You shouldn't add anything to your case at this point. It should simply be a summary of what has gone before. Personally, I wouldn't upload your closing statement. I don't think there is any value in doing so. And you might want to change it in the hearing if, for example, something emerges unexpectedly that helps your case.
3. I gave up trying to predict questions a long time ago. I've come across some very surprising questions from appeal panels and, occasionally, from the admission authority's representative. However, what they should be doing is seeking clarification where necessary and testing the strength of your case.

"And yes, if they have been over PAN before, that can help as it shows they can cope with an additional pupil in the year."

Only if they went over PAN voluntarily. If they were forced over PAN (e.g. by an appeal or an in-year EHCP admission or a FAP admission) you can ask them how they coped. You can't assume that it didn't have a negative impact.

My experience as an admissions authority representative at appeals is that:

• A lot depends on the panel Chair. They are human and they have their motivations for doing the role. Some are educationalists who intuitively understand the pressure schools are under, others are lay members who are more inclined to be won over by a strong parent case. There are 3 panel members, but the Chair is influential in setting the tone.

• Evidence isn't always necessary - I've seen two cases won on the basis of circumstances that had no evidence at all except for the word of very articulate parents. They were probably telling the truth, but the same outcome could have been achieved with good amateur dramatics skills.

Agreed. The panel will not be interested in examples of school work. They are not allowed to assess a pupil's ability, nor are they allowed to accept arguments that a pupil will be an asset to the school. Including examples of school work won't help and could hinder an appeal. Similarly, do not under any circumstances put a photo of the child in as evidence.

I won an appeal based on anxiety a few years ago. I am not sure what won it for us as I didn't get a letter explaining why we won.

As well as explaining our child's needs as a sibling of a disabled person (akin to young carer) we also did question school's position, which felt uncomfortable but needs must.

We were so close to max distance (8m from last offer) and asked where they measured from as if they measured from front door to front door we were just outside but from mid point of school or Google maps pin to front door we were within. They didn't seem to know where they measured from. I had a print out of the measured distance using Google maps pin going over our front door.

We also pointed out that they had 30 extra in one year group that they had taken on as a bulge class when a sister school had closed. We said we struggled to understand why 1 extra child was impossible when they had voluntarily taken on a bulge class only a year or two earlier which was 30 extra.

As I say I am not sure what won it, but we were one of only 2 appeals that succeeded.

@Gundogday i agree re medical evidence but examples of school work are not relevant.

EVIDENCE

I’ve put that in capital letters and wanted to re-emphasise it to you (and anyone else reading this. Thread). You can have all the arguments in the world, but without evidence, on letter-headed paper it means nothing. Get copies of medical reports, letters from school, examples of school work etc.

I haven't read the full thread, but I agree with @MargaretThursday that your son's academic ability is not relevant to the appeal. Looking at the points from your first post:

It offers strong pastoral care, which is vital given his anxiety and emotional needs.

That's a decent argument, especially if you can convince the panel that he will need this. Evidence from a medical professional on this point could help.

It provides continuity of education, including subjects he is currently studying and wants to take at GCSE (such as Spanish and Design & Technology). In addition it closely follows similar ethos, academics and oppprtunities to his current school.

As he is going into Y9, the availability of subjects for GCSE is relevant. If these subjects are not available at other schools that you might be offered when you return to the UK, this is a strong argument. Ethos, etc., are not as strong but still worth raising.

Being only 0.8mils away, It is in close proximity to home and the school that will be attended by his younger sibling, which helps with family logistics and support.

This is unlikely to carry much weight. I understand your argument about his unfamiliarity with the surroundings, etc., but the panel is likely to view this as a problem for you, rather than for him. By all means raise it, but don't spend too much time on it as it isn't your strongest argument.

The short distance would reduce his exposure to stressful travel, which could worsen his anxiety and asthma.

If you have medical evidence to support this, this is a better argument. By supporting evidence, I don't mean just letters saying he has anxiety and asthma. You need a medical professional to say that, in their professional opinion, your son needs to go to a nearby school for these reasons.

As a single parent and carer, I would struggle to manage school runs if he were placed further away.

This won't carry any weight at all. It is definitely a problem from you, not for your son.

Not attending this school risks worsening his anxiety and asthma symptoms.

If you have evidence from medical professionals supporting this, it will be a strong point for you. If you don't, the panel is unlikely to give it much weight.

What other types of evidence or documentation would strengthen my appeal?

I don't think you need anything else apart from the things you mention and the things I've mentioned above.

Does this sound like a strong enough case based on medical and social grounds?

Possibly, but it will depend on the strength of the school's case to refuse admission and may also depend on the appeal panel you get.

Any tips on presenting the appeal, especially addressing my son’s current emotional state and health concerns, independent travel or lack of prior UK schooling?

As this is an in-year appeal, the panel won't be under as much time pressure as for normal admission appeals. That gives you a bit more latitude in presenting your case. However, don't make it too long and concentrate on your strongest points. Try to look for weaknesses in the school's case and come up with questions for the school's representative that will highlight them. Be ready with a short summary of your case as, after you have presented your case and the panel and school have asked you questions, both the school and yourself will be asked to sum up. And try to relax - easier said than done, I know.

Our LA won’t let us apply for a place until we are back in the UK end of June

As that is only a few weeks away, it doesn't really matter but your LA is not following government guidance. See School applications for foreign national children and children resident outside England - GOV.UK and note that it says that an admission authority cannot require the applicant to have a home address in the UK before processing an application.

How do I find out their current PAN and cohort numbers? I can see them for 2023-24 online but not for the current year. Would this help my case if I can show that the school has admitted higher numbers in the other year groups which supports they could cope with an additional student?

These things normally form part of the school's case, but if you want to make sure you can just ask them. They are required to answer any reasonable question you ask to help you prepare for your appeal. And yes, if they have been over PAN before, that can help as it shows they can cope with an additional pupil in the year. However, if several years are over PAN that may hinder your appeal as the panel may think the school is already overfull.

The PAN is not necessarily relevant as it currently only applies to the normal year (s) of admission, so in an 11-18 school, likely to be Year 7 and Year 12. Some schools, such as some state boarding schools, have an admission point in Year 9 and so a Year 9 PAN, but not many.

How does he travel to school at the moment? If you drive him, why won’t you be able to drive him to another school?

On the ‘streetwise’ aspect, children arrive in the UK from all sorts of difficult situations abroad, such as the fall of Kabul and from countries in conflict such as Ukraine. Many of them have no or very limited English on arrival. Your son has the advantages of fluent English, and an established, settled English family, I expect you will help him settle into the new community and help him use public transport as appropriate. Of course, you may drive him around too.

What are the alternative schools? If you put your parents’ postcode into GIAS, it will tell you.

It really won’t. Sixth forms attached to Secondary schools in the UK are generally arranged independently to the lower school - separate canteens, different break times, even different buildings on site. It’s more than likely that your DCs won’t see each other at all despite being in the same school.

The sibling link does not apply to 6th form and will not bump him up the waiting list.

It would be better to say “does not always apply”

OP, do you know if the year group is currently at PAN or is over following prior successful appeals etc? The more it is over, the stronger the school’s case is to be full.

How much time would the siblings actually spend together if the eldest is in 6th form?
Surely there was a time when the younger was still in primary and the eldest had moved on to secondary?

I don’t think the asthma argument will hold much store however a psychological evaluation saying that anxiety is very severe and mitigating factors include sibling bond might.
Realistically you need to spend some time over the summer getting DS used to the area and public transport increasing confidence.
A few miles is nothing is terms of travel to an alternative school .

My DS aged 13 travels an hour to school every day and 15 miles. I don’t rate your chances I’m afraid.

I would be careful with some of the advice on this thread - I don't think some, like showing his academic ability is taken into account at all.

You need @prh47bridge who is an expert and will give you correct advice.

You need to say why the school woukd benefit your child, not why others wouldn’t be beneficial. So subjects would be good (continuity etc) , but distance and lack of travel knowledge is not a strong argument. Many year 7 pupils have never used public transport until starting senior school, and parents often practice with them the summer before starting.

https://www.elevenplusexams.co.uk/advice-preparation/appeals

Thus website has good advice on appeals. Some of it is for 11+ /grammar schools, but there’s some good general info as well.