Options for getting son into specific school

[Hbells111]

My son was allocated the primary school in our current village. It's a good school and I like it. At the end of the month we are moving to the next village, directly opposite their school. He is 4th on the waiting list for the new school.
I also have a 7 month old who will definitely get into the new school once she's 4, due to proximity to it.
I need to get my son into this school at some point in the future so need to understand my options.
Obviously we have the waiting list. I've also lodged an appeal... what approach should I take with the appeal? As I believe the criteria were applied correctly based on the circumstances of us living in our current house.
Is there an option to move school mid- year or after foundation year?
He's currently at the preschool next to the new school so all of his friends will be going there and it's so tough to try and explain to him that he won't be especially as we will be living so close. It's breaking my heart. The new school has 3 foundation classes of 25 pupils and its in Leicestershire.

Any advice greatly appreciated

The first thing you need to determine is whether the appeal would be ICS - infant class size - are the children taught in classes of 30 to a teacher in reception, y1 or 2. With a PAN of 75, that gives 150 in years 1 and 2 which could possibly be taught as 5 classes of 30, which would make it ICS.

If it is, your chances of success are very low as you can only win if the admitting authority have made a mistake that cost you a place or the decision to admit was unreasonable in a legal sense, which is a very high bar.

If it's not ICS, then you need to show that the prejudice to him of not attending is greater than the prejudice to the school of admitting another child. You would need more that just we live over the road, I'm afraid!

Also, make sure you update your address as soon as you move, which will affect your place on the waiting list. You can move him whenever a place comes up, if you still want to once he has started another school.

Any option to rent out your current school and rent in the village opposite the school?

I believe it is ICS as they have 1 split class between years 1 & 2.

Will update our address as soon as we exchange to hopefully move up the waiting list.

I'm very open to moving him whenever a space becomes available. How do I make sure he's considered if a space comes up in February for example?

You will probably go to the top pf the waiting list for your preferred school once you have moved ( assuming there are no LAC, siblings or DC of a particular religious denomination ahead of you), so the chances are that a place will come up sooner or later.

Sorry, not sure I understand the renting comment? I think we're exchanging tomorrow so I'll send the proof to the admissions team immediately.

I think selly24 is suggesting that you rent out your current home to someone else and rent near the new school. As you are moving at the end of the month this would be pointless.

If this is an ICS appeal I'm afraid you will only win if you can show that a mistake has been made. This is very unlikely for an in year admissions case.

If they operate a waiting list your son will automatically be offered a place if one becomes available and there are no higher priority applicants. If they don't operate a waiting list you will have to contact them regularly to see if any places have become available.

Depending on where he is on the waiting list, you could just keep him at home until a place comes up. It doesn’t sound like he’s compulsory school age. Only works if you’re at home with your one year old though as otherwise you’ll need childcare.

I’m not sure what the point of appealing is though - you’re just clogging up the system/wasting time as you say yourself you don’t believe a mistake was made.

Thanks everyone. Keeping him at home won't be an option as I'm back to work in September. If needed then I'll start him at one school and move him if/when a space becomes available.

With regards to appeals then, based on ICS, does anyone ever win them??!

Yes, people do win ICS appeals when a mistake has been made. They also win when the admission authority has acted unreasonably, e.g. by refusing to admit a wheelchair-bound child to the only fully accessible school in the area. And occasionally a sympathetic appeal panel will bend the rules to admit a child. But ICS appeals are very hard to win. In your situation I would give it a shot but expect to lose, so if you win that would be a real bonus.

Thanks. How can you tell they've made a mistake?

I really don't expect to win the appeal, just hoping a space will come up.

Although I do have questions about the waiting list. He was 2nd until Friday then moved to 4th. The teacher told me yesterday that 3 had dropped out already to go to private school. I don't understand how he moved down 2 spaces when 3 became available.

Others can join the list, possibly with siblings admitted in other years or living closer than you currently do. When you move he may change position again.

Yes, I understand that but I can't understand how it all happened in the space of a day when it's a small area. No way have 5 new kids moved into the area last week.

Raise your questions about the waiting list in the hearing. If they've admitted the wrong children from the waiting list that is the basis for a successful appeal.

I think the answer to your question about how you go down in the waiting list is that at this time of the year, you suddenly get parents realising that they should have applied for a school place. Quite often this is a parent assuming that because elder sibling is at the school they automatically get a place. If they now apply they will be rejected as the school is full in the year group and thus go on the waiting list. As you have not moved yet you are using the current address which will probably mean that you are at the bottom of the waiting list. Anybody with siblings in the school or living near the school will have higher priority than you at present. When you move into the new house opposite the school then you should move up the waiting list but if there are late "siblings" applications you could still be below them on the admission waiting list.
In terms of an appeal I suspect that the appeal will be an infant class size case with an admission number of 75. The school will run 5 classes of 30 across year 1 and 2. The maximum number they can have in the classes is 30 under the infant class size regs, which then limits the reception year to 75 pupils. This is what is called future prejudice.

I called the council yesterday and the woman wondered why I was worrying. She said to advise them once we've moved and they'll contact the school about 'overfill for catchment'. I'm sceptical about it being this easy.

Lots of people submit applications at this time of year (not just those who've forgotten to apply, but also those who've maybe just lost an appeal for their first choice school, having been allocated none of their choices, so decide to apply to one or more other schools to get on as many waiting lists as they can). So waiting lists can be very fluid.