Chance to change primary? Complicated and admission query thown in (Greater London)

[Shattereddreams]

DD at school A. DS applies for YR Jan 2014 to start Sept 2014.

School A has good pastoral care, inclusion and I like the children. But it is poor academically and has a very weak head retiring this Christmas.

We are (historically) just in catchment for School B. I could apply for this school for DS and hope for a place. It has a consistent head, a good Ofsted rating and I haven't visited yet but will be doing so. I like their website and ethos and have friends with children there who are happy.

School A got a slating in Ofsted earlier this year, went to a 3 from old 2. The head thankfully is retiring and needs to, very weak, lack of leadership and old fashioned. (I have met the head personally, will discuss more later if relevant to thread).
There are elements of the school I am happy with.

Most people around here can't change school. They are all full. But I have a chance with DS to choose a different school, DD would be top of waiting list with a sibling.

The LA told me that it is the head's discretion whether to admit DD (Y3 at the point DS starts YR). Is this true?

I am full of indecision. I can choose a new path for DS, and take a calculated gamble getting older DD into a new school.

I can stay where we are, with no news of new head likely to be issued until Jan 14 when DS application needs to be in, total uncertainty.

I am using MN as a sounding board.
Have I overlooked something?
Is this so obvious I am foolish for not forging ahead.
Did the LA give me the correct information?

We are grammar school area (both super and non super selective) so the academics are important.

Is your daughter doing badly then?

No, she is happy, settled and achieving (in Feb) was 1a maths and writing and 2b reading) but I think they were just telling me what I wanted to hear IYKWIM

The LA told me that it is the head's discretion whether to admit DD

Whoever told you that should be shot. It is not at the head's discretion. If they have a place in Y3 and your daughter is at the head of the waiting list she must be admitted. If there is no place she will not be admitted but you may still be able to get a place on appeal. The head cannot decide to admit your daughter in breach of the Admissions Code.

They said the Head can choose to go over 30 in year 3.
Is the only way in to appeal?

Does the sibling rule work up and down? Ie does a sibling in Reception give your Year 3 child priority on the waiting list?

Read the fine print - in many schools, sibling link only words downwards (ie for younger siblings) so your older child would remain in the normal position on the waiting list - the same position they would be in if you applied today.

Also, first on the waiting list does not guarantee a place, though in year 3 it is no longer a class size case if you want to appeal. You would need stronger evidence for appeal than simply 'oh, my younger child has a place', especially if there is no history of going over 30 in KS2 and there is strong evidence against it. No class in my children's primary, for example, is over 30 despite appeals, because the rooms are simply too small to accommodate them and the case against admission is too strong.

It is true that the class size limit no longer applies in Y3 so the school can run classes of over 30. The Admission Code is clear that any decision to admit over PAN is for the admission authority - that is the LA if it is a community school, the school itself if it is a VA school or academy. If they do decide to admit over PAN they cannot choose who they admit. They must use their published admission criteria.

The first thing to do is apply. If they say no you can appeal.

I rang again today to at least do an in year admission. Once I do that they can tell me my distance to the school.

I asked the same question who makes decision to make a class over 30 in y3. Again they told me the head does. I am going to email to get it in writing.

If I had to appeal is it still prejudice to child v school? Assuming sibling doesn't come into play for appeals?

Yes any appeal would be about prejudice.

The decision to run a class over 30 in Y3 is up to the head. If they have, say, 60 children in Y3 the head is perfectly entitled to run a class of 40 and a class of 20. However, if they want to admit additional children they must follow the Admissions Code.

I have spoken to school B. they have never run any class over 30. But they have never had anyone appeal either.

I have no idea if this rings a positive tune or not !