Primary school infant class size appeal

[cleverbooker]

I have an appeal very soon for my daughter to gain a place in Reception. I applied to the primary school where she has been at the preschool for 2 years. This school is 200 metres from my parent's address where we stay 3-4 nights per week. My husband does 12 hour night shifts and as I am disabled, I stay at my parents so they can help with the children. I used this address to apply for the place, but just before places were issued someone called and asked if it was my house. I answered honestly that no, it wasn't and gave my home address but explained that the address I applied with was the one where we spend most of the week. I missed out on a place because they used the home address rather than the one where we spend most of the week. Do you think I have good grounds for appeal? (We are 1st on the waiting list and only two appeals are taking place)

I have no idea, but just wanted to say if I were on an appeals panel - yes, you would have good grounds for appeal.

Also, 1st on the waiting list means you are very likely to get a place

What does the admissions booklet say about the address you should use? If you are unsure, let me know the LA (PM if you prefer) and I will take a look. My initial reaction is that the LA has probably got it right in that most LAs require you to use the child's permanent home address, but it depends exactly what they have to say on the subject.

It says to apply using the address where the child spends the majority of their week nights with parents/carers. (North Warwickshire)

From the website "If a child lives at more than one address, the address that will be considered is where the child spends the majority of their school nights. Where the care is split equally between parents/carers, you must nominate one address for the purpose of allocating school places. Only one address can be considered as your child?s main residence.

Please note that an address used for before and after school child care arrangements will not be considered."

I would have thought that to an appeals panel it would look like a sneaky attempt to get into an oversubscribed school. If they phoned and asked (I've not come across this happening as a general rule) they were probably suspicious about the address.

I'd have thought it would be difficult for you to prove that you would be there 3-4 nights a week (would they always be school nights?) as it would come down to your/your parents' word on it.

I have come across someone who tried to appeal on the basis that the child would be staying with grandparents. They failed, but in their case it was a blatent attempt to get into a school they otherwise wouldn't have, and I doubt the child would have ever really stayed there once they had the place.

The school I want has never been oversubscribed in over 20 years, until this year when there are 3 children on the waiting list. All evenings at the address used for the application would be week nights, and they are more than welcome to do spot checks. The school I have been offered is 1.5 miles away from my parent's house and perfectly good, in fact I went there and went on to do very well, it is just too far for me (with cerebral palsy) or my mother (aged 72) to walk to/from, it is up a steep hill and is not on a bus route.

Unfortunately I can't find their admissions booklet for the current year. However, if that says the same as their website, I would say you have grounds to appeal on the basis that a mistake has been made as your daughter spends the majority of school nights with you at your parents' house. The fact that is not your home address is irrelevant. However, as DeWe says, the problem you will have is proving it. The fact that the school has not been oversubscribed previously will help but you need as much evidence as possible to support your contention that your daughter spends most school nights at that address.

Thankyou everyone for you comments and advice, hopefully it will work out OK.

You are arguing your case on the basis of home address/main place of residence yet your OP has got a much stronger reason for attending the chosen school, it is the most suitable school for your child for reasons of your family circumstances.
In the Admissions criteria is there any reference to extenuating family circumstances? It's probably too late if you've already lodged an appeal on the grounds of the address, but it may support your case at the hearing if you explain how difficult your journey would be elsewhere, with a letter from your GP in evidence.
Good luck.

mayaswell - I don't know any school that includes "family circumstances" in its admission criteria. The nearest I've seen is "social/medical needs", which may or may not cover this situation. In any case, if the OP didn't submit evidence about her medical condition with her original application it is too late now. As this is an ICS case the appeal panel can only admit if a mistake has been made by the admission authority. Even if the OP did submit evidence with her original application it is unlikely to win an appeal unless there is a "social/medical needs" category and it covers parents needs as well as those of the children. And even then the panel may decide that the OP's condition does not justify placing her child in this category.

I therefore disagree with you. The OP's strongest case by far is that the LA has made a mistake by using the wrong address. She will, of course, be talking about her disability in any case as she will need to justify to the panel why she stays most of the school week with her parents rather than at her home.

I won the appeal and got offered a place. :) Thank you to everyone who has posted!

Well done. I am really pleased for you.