In year application rejected- we're in a right mess

[kitkatchitchat]

Ok this is my first ever mumsnet post so be kind!
Since my daughter started school she had trouble fitting in, there were issues where she was being left out and excluded from friendship groups. It got to the point where we started looking at other schools and found that there were spaces in the school the next village along. We visited it and loved it. We wanted to make our application in good faith, as due to the in-year application process, the current school have to read your application and sign that they agree to that moving on is in the child's best interests. We didn't want the relationship with her current school to break down if the application became unsuccessful so we made an offer on a house in that village and went down the moving houses route. We are currently renting, this is our first ever house purchase and to say our finances have been stretch is an understatement. Anyway we kept checking about spaces, being told there were still 2 spaces (even now the local council still states there are 2 spaces). On the day we exchanged I was told there are still 2 spaces an no children on the waiting list or applications pending - so we exchanged. I placed the application that night.
Just found out today 11 days later that she didn't get in on class size grounds. The 2 other spaces have gone.
We can't pull out of the house move- we are 10s of thousands of pounds down the line and I'm an emotional wreck.
We are going to have to appeal but I don't have a clue where to start.
It's all such a mess. I have a little boy too so in a few years time when he starts school he'll be in a different school from his sister.
It's going to significantly impact on my work.They've offered my 5 year old child to be taken via taxi- on her own which ofcourse I'm not comfortable with and we won't accept.
Has anyone ever had a successful class size appeal- are our grounds strong enough. What have we done!?

due to the in-year application process, the current school have to read your application and sign that they agree to that moving on is in the child's best interests

That is a clear breach of the Admissions Code and unenforceable. I wish councils would stop doing this kind of thing. It is unacceptable.

We are going to have to appeal but I don't have a clue where to start

The first question, given that the council still says there are 2 spaces available, is whether these places ever really existed. It may be that the school was always full, in which case you are unlikely to win.

Assuming the places were real, timing is everything. If you applied before the people who got the places you have a good case. However, you will struggle to win if they applied before you or if they applied at the same time but were in a higher admissions category. You need to get a clear timeline from the admission authority (which is either the school or the council depending on the type of school). When did they receive the other applications, when did they receive your application and when were the places filled.

You can also argue that you were deterred from applying earlier because the council is operating a policy that is in breach of the Admissions Code. The Code is clear that any parent can apply for a place at any time to any school (paragraph 2.21). The council cannot impose a condition that you can only apply if the current school says it is in your child's best interests. You have the absolute right to apply regardless of the views of your child's current school. You can argue that you would have applied earlier but for the council's policy and, had the council had complied with the Admissions Code, you would have got a place (assuming the two places were real). An appeal panel may not go for that argument but it is worth a try.

Hi there - thanks so much for your reply. You're right I've read the admissions code and there are several things that the form that are against the code so that could be a possibility. We also haven't received any information about how our application was conducted and refused apart from it being based on school size. I phoned the LEA but they said they could supply us with any information about our application or how the other 2 applications were processed so I don't understand who were are supposed to get this from in order to make our appeal?
I feel physically sick with this whole thing

Too many typos I'm in a rush! Basically form asks for information that the code stipulates not to do and the LEA said they couldn't give us any information about our application or how the other two places were filled. The other two places did exists though apparently x

They must answer any reasonable questions you ask to help you prepare for your appeal. They can't give you too many details of the other applications but they should be able to give you a timeline and explain why they got places ahead of you. If they refuse to do so you should tell the appeal panel that you have been seriously hampered in preparing your case by the local authority's refusal to answer questions to help you prepare in contravention of the Admission Appeals Code.

If there is space in a school then anyone can transfer there, you could live 100 miles away and still get the place - you should have applied from your old house and would have gotten the place immediately, the house move is neither here or there in this scenario, that would k lube when applying for a place in reception when competing with every other parent applying.

What a mess- I had no idea transferring was so simple, can't believe we've thought buying was the only way to get in.

you should have applied from your old house and would have gotten the place immediately

The problem is that some LAs really do make it very difficult for people to apply to transfer to a different school within the LA. As the OP's LA appears to be one of these, she may have had a long fight to get them to process her application.

I am no longer surprised by the number of LAs that think they can ignore the Admissions Code.

Do you have any emails/written evidence that they told you they had spaces when you enquired/ told you to wait before applying? If so this may help your case

Thanks all. I have written evidence of there being spaces available on the 9th of August so will attach that. I have emails saying they need the 2nd part of the application (which her current schools has to fill on- which has attendance, best interests blah blah- which I've discovered is not allowed to be used when applying) before they can process the application x

This is an LA making up their own version of the admission guidance. I would email the admission office of the LA and state to them that you do not wish to involve the current school in anything to do any potential school move, that they have the information to allow them to make a decision and that you want them to confirm within the next 48 hours in writing whether your child has a space at the school or not.
If they will not do that and say so in writing then you have a case to take to the ombudsman that the LA are acting illegally and hindering your potential move to the school.
If they come back and say there is no place available, then you need to go back to them in writing and say that you want to appeal for a place. You have been misled by the LA about the requirements for asking for a place at the school, which has led to you not getting place which was available on the 9th August. You have been disadvantaged.

Make sure you are on the continued interest list (the waiting list basically) as spaces become available frequently for various reasons.
Good luck with the la.

Oh dear I feel slightly in danger of getting my hopes up. Does the admission code and all of this LEA stuff definitely still apply to in-year applications? Are appeals independent - I don't want to totally piss of the LEA and then muck my chanches up of winning an appeal - you guys are awesome by the way, the advice has been invaluable x

I also have a messenger chat with my sister in law about my understanding of the in year application and how it's dependant on the current schools good reference or if you buy but not sure if that's clutching. Clearly shows my misled understanding though!

Yes, the Admissions Code applies to all admissions. They cannot make up their own rules.

Yes, appeal panels are independent. There are rules about who can serve on an appeal panel designed to ensure they are truly independent.

If the council has published their policy of insisting on the current school approving applications for in-year transfers that is all the evidence you need to show that they are breaking the code. The messenger chat may be useful evidence to show how this affected the way you approached this move.