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Help with possible LEA appeal

5 replies

jacqszoo · 20/01/2011 20:32

Hi there. I am new here and really could do with some advice.
We moved to our current house just over 12 months ago, its some 20 miles from our old home. We decided at the time to leave my son (just turned 14) at his current school for a number of reasons, he wasn't keen on the idea of a move, he seemed settled and I work more or less within a mile of that school. However, things have changed as they do and I have become increasingly unhappy with his current school.
We visited two of our local schools, we liked the one (A) and disliked the other (b). Typically we have been refused a place at (A) as his year group is over subscribed (common problem in Shropshire for his year apparantly).
I can appeal obviously but wonder if there is any point and thats where I need some help.
We are in the catchment area (although its not our nearest school) for the (B) just (the boundry runs across our back garden!) We are very rural and our nearest village falls within the catchment (A) my main concern is that he knows absolutely no-one locally and is becoming very withdrawn (another reason we decided to move him). Moving to school (B) will leave him just as isolated.
I really am in such a muddle.
What sort of grounds do the LEA taken into acount when appealing? Am I wasting my time?
Leaving him at his present school is just not an option, my son is devestated as he took an instant dislike to school (B) and as it is twice the size of his current school I think he will find it all too much.

OP posts:
prh47bridge · 20/01/2011 23:09

The appeal is heard by an independent appeal panel, NOT the LA. The panel has to decide whether the prejudice to your son from not being admitted to this school outweighs the prejudice to the school from admitting your son when the year group is already oversubscribed.

The hearing is in two parts. In the first part the LA will explain the problems caused to the school by admitting your son. You will get the chance to point out any weaknesses in their case. In the second part you make the case for admitting your son. For this you would need to concentrate on the things that are good about this school rather than what is bad about the other school. Look, for example, at after school clubs this school has that may suit your son's abilities and interests, and which are not present in the other school. You can also make the point about your son becoming withdrawn and the need for him to make local friends.

There is no way of knowing whether or not you are wasting your time at this stage. Without knowing the LA's case it is impossible to tell how strong it is. In any case it isn't a precise process - different panels can come to different conclusions faced with the same facts. However, there is certainly no harm in trying. In your situation I would certainly give it a go.

If you do go for it keep us posted. I and others will do our best to help you prepare your case and find weaknesses in the LA's case.

jacqszoo · 21/01/2011 08:00

Thank you. The school have said that they are happy to take him, its the LEA who have said no.

Where do I get hold of the class sizes, year sizes and previous years information?
I have only been told over the phone that we have been refused - I assume some sort of paperwork with their reasons will be avaialble to me at some point?
Thank you for your offer of help - I'm sure I shall need it - I am completely overwhelmed by it all at the moment!

OP posts:
mummytime · 21/01/2011 09:33

Has your son started his options? Find out about the options the two schools offer, and his present school. Find out his interests and try to show why on subject grounds school A is more suitable.

Information on class sizes etc should be on the web, but the schools may be able to help you. You really need to concentrate on showing why school A is the right one for your son, not bothering about why you don't want him to go to school B. Admissions etc. will give you better advice on that side of things.

Good luck.

jacqszoo · 21/01/2011 09:42

No he has not started his options yet - this is one of the reasons why I am in such a panic. Both schools are due to start the procedure in the next month or so and I really wanted to have him in and settled before this happens!

OP posts:
prh47bridge · 21/01/2011 09:47

The fact that the school say they are happy to take your son is good but they are not supposed to support you at the appeal. It is not unknown for schools to find ways of letting the panel know that they are happy to take the pupil but it is best not to rely on this.

If you have formally applied for a place at this school the LA will send you a letter stating their reasons for refusal and explaining how you go about lodging an appeal.

At least 7 working days before the hearing you will receive a copy of the LA's evidence to the appeal panel. This will include the school's capacity, the number of children in each year and so on.

The LA is required to answer any reasonable questions you ask to help you prepare your case.

So your first priority is to get the letter refusing a place and see what that says.

As the school is supportive it may also be worth having a word with the head teacher. The head may be able to tell you things that will help you. However, you shouldn't rely on what they say. Many heads don't understand how admissions work and give poor advice. But the head should be able to tell you, for example, if other years already have more pupils than your son's year. If not, have they had larger year groups in the recent past? If nothing else it may give you a few lines of enquiry to follow. It may also help you to put together the positive case for admitting your son by identifying things this school has which will be particularly beneficial to your son.

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