School appeal - house move

[Mumsybud]

We moved back in November to a new area. We applied for a school place for my Y8 daughter and were rejected by all three catchment schools! I am currently driving a 40 mile round trip each day to keep her at her old school (different authority) and to get to work. She is exhausted bless her. The school offered is miles out of the way. It would be physically impossible to take her and a bus journey would be 3 buses and she would set off at 6:30am and not arrive home until 6pm. I would not be happy with this.

I put a formal complaint in with the council as initially the council were sat on our case as they believed school were not being fair. However we decided the best was forward is to reject and appeal. The appeal was lodged on the 10th of jan and given they have 40days to hear the appeal and I have heard nothing yet, I gather they are going for the full time.

So my quesion is, has any one been in my shoes and lost?? I am really not sure what we will do if this is the case. Absolutely no idea. I have been told by a friend who works in appeals that I need not to worry but I cant help it. I understand the argument of predjudice towards my daughter vs the school, but can they really say no when we are in catchment? Any advice is great :D

@prh47bridge

Rejecting the offered school was not a good move. If it was more than 3 miles from home by the shortest safe walking distance, the LA was required to provide free transport for your daughter. It is true that government guidance is that a journey of up to 75 minutes each way is reasonable for a secondary school pupil, but we don't know if the LA would have provided a bus pass or a taxi so we don't know if the length of the bus journey is relevant. Some LAs ignore this guidance despite it being statutory guidance and do force secondary school pupils to travel over 75 minutes each way. Appeal panels don't always get this right.

The problem with rejecting the offer and keeping your daughter at her current school is that it may look to the appeal panel like you are trying to blackmail them into giving your daughter a place at the school you want.

You are right that, to win your appeal, you need to show that the disadvantage to your daughter from not attending the appeal school outweighs any problems the school will face from having to cope with an additional pupil. However, transport issues are unlikely to win your case. That is viewed as a problem for you, not your daughter, and the panel will know that the LA would have been required to provide free transport if you had accepted the offered school. To win, you will need to focus on things the appeal school provides that are missing from the offered school and that are particularly relevant to your daughter.

Blackmail? Really ? I have moved over 20 miles from my old home and been offered a school almost in another county which is practically impossible to take her to without leaving my job. I’m not preparing to have my 12 year old daughter in a none supervised bus station at 6:30am, to then change again to get to school. It’s unsafe. I really do feel strongly about her safety. As I say above, regarding my job. It’s not an option to be a stay at home mum. And why should I?

Given the distance from your home to the school they offered then they should've offered transport.

We have had no transport offered.

You will need to talk to the LA about this. Since they have been unable to offer you a school closer to home, they must provide free transport.

I just wanted to update this incase anyone else is in my position

I heard today that we won our appeal. The offered school is too far but the safety concerns of two bus changes in early /late times of day were the main factors for us. It is was said that LA would give a bus pass for the offered school. But This was not satisfactory to the appeal board. Just waiting for the official letter !

I am glad to read that finally you have been successful. I hope your daughter enjoys her new school.