Infant appeal

[jojane]

Posting for some info for a friend at Playschool.
Her son has been refused a place at the school she wants. Thy are out of catchment so unluckily here were 39 applicants and only 30 places.
Her son has special physical needs (not sure on details but needs a walking frame, special shoes etc) at application she didn't have a statement of needs but I thin the council had said they would sort one out for her. Without the statement she has then been treated as a normal applicant.
Can she appeal on the basis that
If the council had sorted the statement as indicated se would have got a place accordin to the admissions criteria (statmented children come before catchment children)
Also several other schools (her catchment one for example) are unsuitable due to certain slopes etc which make it impossible for him to be around easily)

If it is ascertained tha he should have got a place what can she do to persuade them to let him in now seeing as class is already at 30 capacity? I think he may need an assistant for certain parts I the day to assist him so would this help with numbers and ratios etc (class also has several TAs)

Statemented children shouldn't really be on the admissions criteria at all. If she gets a statement of SEN naming the school they have to admit her son even if they are full. Schools do not have any choice when it comes to admitting children with statements. They should not imply otherwise. So her best chance is to get the council to issue a statement naming this school.

She can appeal but, on the information posted, this will be an infant class size case. That means she should only win if the council has made a mistake. Unfortunately there is nothing in what you have posted that suggests a mistake has been made. If the council are going to issue a statement it would have been better if they had sorted it out earlier but, as your friend's son will get a place if he gets a statement, that doesn't count as a mistake that has cost him a place.