In-Year Transfer Application: Examples for Appeal

[Up74]

I am appealing an in-year school place application with my LA, as we have been turned down for all 5 of our preferences in our catchment area.

I am putting together the form but need some good arguments for the appeal. We fall under the catchment area priority for each school's over-subscription policy. However, this criteria isn't as strong as having another sibling in one of the schools or being a looked after child, which we don't qualify for.

Any tips or examples for appealing on the grounds of catchment area, would be welcome. We live just over 1 mile away from each catchment area school (aside from 1 which is 4.4 miles away).

Many thanks.

What year group? It makes a BIG difference.

Have the LA offered you a place at any school? Even if it's further away?

Catchments and siblings are irrelevant for appeals (unless you are trying to show a mistake has been made, which you are almost certainly not for an in-year application).

Assuming that this is not an Infant Class Size appeal, you need to demonstrate why the detriment to your son in not being allocated a place at that specific school is worse than the detriment to the school at having to take another pupil.

My daughter is in year 9.

No offers of other schools further out in the catchment area, just advised to appeal.

How do you demonstrate providing a school place a child is less detrimental than not giving them a place a particular school (aside from my daughter is not being educated at the moment)?

Any socio medical issues?
Why is she not in school?

Why is she out of education atm? Have you moved into the area? The LA has a statutory obligation to provide her with an education. They can invoke something called the Fair Access protocol. Just telling you to appeal is not good enough. Complain, copy in chief exec and your local councillor or MP.

The application has also triggered the Fair Access Protocol but the panel don't sit until 9 November. We have moved into the area. Many thanks.

There are mental health issues and a SEN assessment needs doing, once I get her into a new school.

Putting aside the FAP issue, and looking at appeals - secondary potentially easier. Look at what the schools offer in terms of extracurricular, specific support programmes, GCSE options - can you demonstrate that any of them are particularly relevant for your daughter?

For example does one of the schools offer a language she’s previously studied? Does one have particularly good music ensembles and she plays an instrument well? Or have clubs for a sport she’s played before?

Appeals are about the panel weighing up both sides, so it will also depend on the strength of the school’s case. Them just saying their full won’t achieve much on their part, but if they can demonstrate that they are overcrowded then it will be stronger.

It needs to be specific to that school so if you appeal for multiple schools you will very likely need to tailor each appeal.

Many thanks @EduCated very helpful. Will I need to submit a separate appeal for each school I have applied for?

Yes, because the appeal needs to target why the detriment to that school is less than the detriment to your daughter. so you need to go into specifics about what that school has that is good for her specifically - subjects, clubs, SEN support etc. This will be different for each school. A generic appeal won't get you anywhere.

Do you have an appeal date yet?

Ok, that's helpful too. I don't have an appeal date yet.

If you don't have a date yet, it's likely the FAP panel will sit either around or before your appeal. You are supposed to have 10 school days notice and given its about to be half term, that takes us almost to nov 9. So that should give you an option at least.

You don’t need to wait for this.

Ok thanks, that's helpful. How would get an SEN assessment without a school place? Thanks.

Depends what you mean by a SEN assessment? If you mean an assessment for something like ASD or ADHD you can ask your GP for a referral, or in some areas you can self refer. If you mean apply for an EHCP you apply directly to the LA - IPSEA have a model letter you can use.

It would be an assessment for SEMH needs.

You can ask the GP for a CAMHS referral or see whether you can self refer, and if you feel an EHCP is necessary request an EHCNA from the LA.

I've contacted my local CAMHS office. I'll complete a form and they will invite us for a phone assessment and decide if it's CAMHS support we are eligible for or other support.

The lea,shoukd be providing education in the meantimeeg small grouo for kids with anxiety or hospital day school or tutor

Going back to the appeal question, it seems from your posts that the LA has failed to offer a place at any school. If it is not possible for your child to continue to attend their previous school, that is a serious failing by the LA. Whilst you should build as strong a case as possible, if I've understood the situation correctly you already have a good case as the alternative to being given an appeal place as that your child continues to not have a place at all.

If this is the situation, don't be surprised if the LA comes up with an offer of a place just before any appeal hearing. They won't want to go into a hearing where your child hasn't been offered a place at all.

@cestlavielife while waiting for a school place my daughter has to attend a PRU, which is classed as a school.

@prh47bridge it seems an LA will do anything to stop children moving schools.