School admission appeals

[Niceday1]

Hi, I wondered if anyone could give me any Pointers for appealing a school admission. A bit of background, my 5 year old son has been home ed due to ill health, finally in Jan 18 he was diagnosed with coeliac disease but he does suffer as a result of CD the urgent need to go to the toilet or he suffers severe tummy cramping and soiling. Back late last year my ds asked to go to school nowwe had his CD under control to an extent with diet. We saw several schools and did an in-year application (yr 1) to several schools but firat choice was a school that has toiletes in all ks1 classrooms, ideal for my ds. On meeting the headteacher wuen being shiwrd around he said how articulate ds was and they had kids with CD. But said there were no spaces as they cap classes at 27 and the only a was to make a special request or appeal under medical conditions. We didn't get the school due to no room and he was offered another choice, both schools are outstanding and a similar distance. But my son has been deleopjng constipation and had an accused at school for to the loos being I a central location but not nearby enough. We at appealing for my ds to attend the school with the loos in class due to the pain discomfort and emabaressment it's causing him but all he now suffering from anxiety. Do we stand a chance at all? Many thanks

The answer is very dependent on whether the appeal is an infant class size appeal or not. The regulations do not allow a class of more than 30 with one school teacher and thus if the classes in the year group are at 30 then it will be deemed an infant class size case. The only way you will win such an appeal is if the admission authority have made a mistake in not giving you a place.
If however the appeal is not an infant class size appeal, which seems likely with the class capped at 27 then you win the appeal based on the strength of your case for admission. Given the circumstance of the case I would say that you should have a reasonably strong case.
I would also say that 27 is a very peculiar number for admission purposes. I would check carefully with the LA whether the published admission number for the year group is 27 or whether it is 30 which is much more usual. At appeal you should ask the school to explain why the class cannot be 30.

Thank you for your reply. I have checked with the school (the L.A don't hold waiting list or class sizes for this school) and they have 75 children split over 3 classes. She as I that all classes were full. Do you think we have a case on medical grounds that he could attened that school being that they are not full up to 30 kids per class?

I would appeal. You will meet someone from the school and even if you lose the appeal, if you put your case well it might help you WRT the waiting list.

I have been shot down for suggesting this on here before but it worked for me. That's how I got my DC into a fantastic school. Do it - nothing to lost. Just make sure you put your case clearly.

Thanks, I've filled out all the paperwork and will hand it into the school tomorrow. He's no 2 on the waiting list but we aren't in the catchment area and was told others would jump ahead of him.

if you put your case well it might help you WRT the waiting list

The waiting list must be ordered using the admission criteria. The appeal panel cannot alter your position on the waiting list. They have no power to do so. And the school can't move you up the waiting list just because they think you did well at appeal.

However, with 75 over 3 classes this is not an infant class size case. You therefore have a reasonable chance of winning your appeal.

I have carefully reread your posts around the numbers involved. You are saying now that there are three classes of 25 in year 1, whereas previously you had been told that there was 27 in the class.
It is quite possible that the school has a published admission number of 75, in which case you would get the 3 classes of 25. However what it means is that any admission appeal is not going to be an infant class size case (or than some very peculiar circumstances applying) and therefore it is all about the strength of your case. My suspicion is that there is 27 in one of the classes because of parents winning admission appeals, which can not be anything but a help in convincing the appeal panel that it is reasonable to admit a further pupil.

When I went to visit the school the head told me they were full (although I thought strange to show me around if they were full up) and he told me they had 27 pupils and they stopped at that number to inhance learning. I asked at th time of they would take my ds and he said no they would be able to because of they did it for 1 child then they would have to do it for other cases. He said I'd have to apply and then appeal on medical grounds but ultimately wasn't his decision. But speaking to the receptionist yesterday she ran a report and said there are 75 children over 3 classes (didn't say how those kids were placed per class) but said they were full!!? I'm appealing on medical grounds and thought that they aren't full to 30 kids per class so I might have a shot. They are a large school with over 500 kids but have a 24.1 teacher pupil ratio as per gov website. I'm finding it confusing why they are not at full capcity but can only go by what the head teacher said to me that they choose to do that to inhance learning and they could do that because they're an academy. What do you think?

The school will have a PAN - this is the number of pupils it expects to admit to each year. If any year is full up to PAN that year is full to capacity. Similarly, if all years are full to PAN the entire school is full to capacity. However, that is not the same as saying that the school really can't cope with additional pupils.

Being an academy allows the school to set its own PAN, although VA schools also have this ability. They can, if they wish, set PAN at a level that keeps class sizes small. However, that leaves them vulnerable at appeal.

The head may want to stick to 25 or 27 pupils per class to "enhance learning" but that isn't how an appeal panel will look at things. The appeal panel will look at the problems the school will face taking on an additional pupil. Unless the classrooms are small it is unlikely the appeal panel would agree that a class with 25 or 27 pupils is really full.

If you send me on PP the name of the school and the Local Authority I will look up what the PAN is for the school and then at least you will be sure how many pupils the school has to admit to each year group.

Ok, thank you, I understand now. So itll be interesting what they say at the appeal. Is it normal for them to put up a fight not to take my ds on? Just so I know what to expect?

They must put a case not to admit. If they don't oppose your appeal there is no need for a hearing - they should just admit your child.

Ok, so maybe I need to think about what case they'd put forward for not admitting him other than being to full. Thaks for all your advice.

You will receive their written case before the hearing. If you tell us what it says we'll be able to help you with it.

Ok great thanks!! ☺

How strict is the period in which you can appeal after getting the decision about admission? As in we weren't offered the school we wanted with the easy access toilets but was offered another good school so decided to try it and see how my ds got on and has been there 4 weeks and isn't doing well with the toilets being quite a distance away so I called the notts county council to see about appealing and said I could appeal on medical grounds and the school didn't say anything when I contacted them for the paperwork. But reading up on appeals I see there's a period of time in which you have to appeal by?

You can appeal at any time. As this is an in-year admission there is no deadline at all.

Pressed Post too early!

In the normal admissions round there is a deadline for appealing but, even then, they must still hear your appeal even if you miss the deadline. All missing the deadline means is that your appeal will be heard after all those who appealed on time. But, as yours is an in-year case, this is irrelevant. You don't need to worry about taking time to get your appeal in.

I agree with admission and prh47bridge.

This doesn’t sound at all like an ICS appeal. It’s therefore open to you to present all the reasons - including medical needs and toilet arrangements - why your son needs a place at the school. (I’m assuming you have something like a consultant’s letter to confirm that he has the disease and needs to be at a school with toilets in the classroom). The school will argue that they can’t take him, but if you can pin them down on previous numbers - if you can confirm that PAN is 75, so 25 per class, but numbers have gone as high as 27, which seems to be what’s happening - that helps your argument.

I have a letter from his consultant paeditrician saying what he has, his requirements and she backs my application. I also have a letter from a Gp at our medical practice with coeliac disease who takes an interest in my ds that backs up what the paed says and say he back my application. I hope this helps some.
The PAN is 75 per year. The receptionist said they were full and has 75 in yr 1.

Those letters are exactly what the panel needs to see. You need to confirm with the school exactly how many pupils they have in each KS1 class - if any class is over 25 it helps your case because you can argue that the school evidently can manage with more than 25 in a class. Try to track down what that quoted figure of 27 refers to.

I called the school I am appealing this afternoon to ask how many children are in each class in yr 1 and was transferred through to the school manager who said they weren't going to go ahead and take it to appeal and they were going to offer ds a place!!!! She said the head of yr1 will call me tomorrow to discuss a taster afternoon and he could start after the half term. I asked why they had decided not to take it to appeal and she said the PAN is 25 per class but they can take up to 30 but choose not to. She said presented with a case like ds they could turn him down but ultimately probably he'd win. She said I know he's already had a tour with the school head of the school and we really want to offer him a place bless him and help him manage his coeliac disease in school. She genuinely seemed to care, although that could be me being emotional (not crying on the phone happy years, although I wanted to) but probably more likely they didn't want to waste there time when they thought it would be likely to go against their wishes? I'm not sure input I am very happy

Result! I'm really pleased for you and your son.

You must be over the moon - and your DS! Is he happy? What a great result.

Thank you. Yes he is one the moon. We checked out their website this evening and he got very excited. I can't believe it, i as dreading the conflict at the appeal and I can't believe they just rolled and said he can join. She's contacting admissions to tell them and said ignore anything you get in the post.

Thank you to everyone for for your help and advice. It's made this whole process so much more bearable. prh47bridge admission and PanelChair I thank you so much, I really do appreciate all the advice