Primary school KS2 appeal - advice on how to structure

[UniqueDenimCat]

Hi all

We're about to submit an appeal for a KS2 place and wanted to hear if anyone has been through the process who may be able to help guide us a little please?

We're currently relocating and our KS1 son got a place at a local primary school however our KS2 son got rejected due to class capacity (efficient use of resources.).

Any advice on how to structure the appeal letter or points to stress which we can then build on for the actual appeal would be really helpful as we're struggling with the bit around proving how our son won't be a detriment to 'efficient use of resources'.

Here's our notes so far:

1. We're relocating so want to stress that our sons will be new to the area and therefore being together is important
2. As we're relocating we want to feel part of a community and a local school is important
3. Our KS2 son, the one we're appealing, has dyslexia and an ECHP. All the local schools have SEN provision though.
4. There are no other schools in the list school admissions gave us with spaces for either kids.
5. Our KS2 son is no bother whatsoever

We're off to meet the headmaster this week so plan on probing class sizes and generally feeling out the chances of winning an appeal. Everything on the web suggests they have broken the PAN though.

I realise that these points need work so any steers would be gratefully received. I'm also more than happy to post how we got on at the end :)

If he has an EHCP you don't go through the main admissions process. You need to get the school you want named on the EHCP so school can only refuse if they can't meet need. If for any other reason your not offered a place you go to tribunal.

I presume the EHCP does not name the school you want. Assuming you have moved to a different LA, your new LA should have notified you that the EHCP has been transferred. If they have, they are now responsible for arranging for your son's attendance at an appropriate school until it is possible for them to amend the EHCP. When they amend the EHCP, you can choose which school is named and there are only limited grounds on which the LA can refuse to name that school. Once the school is named, they have to admit your son even if they are already full.

Putting that to one side, the only one of the points you have mentioned that is significant for a normal admissions appeal is point 4. Your son is out of school because the LA has failed to find a place for him and none of the schools suggested by the LA has a place available. Wanting your sons to be together, wanting a local school, your son's dyslexia and him being no bother are all irrelevant. You would need to show that your son will be disadvantaged if he isn't admitted, which is clearly the case at the moment as the LA has failed to come up with any alternative.

This is really helpful thank you.

On the school admissions support. When we spoke to the LA they gave us a list of four schools within radius (it looked like two miles). We contacted the schools to see if they had spaces and only one came back to say they had a space and said they'd accepted a note from a solicitor saying we're moving and due to exchange later.

Our eldest son was rejected and offered an appeal.

We worry that our KS1 son is due to start this new school soon but our eldest KS2 son will have to go through the appeal process. There's then no guarantee we'll get a place.

Do you then think the LA has failed to find us a space as I'd imagine they'll come back and offer a school over two miles as the alternative. Is that a possibility do you know?

In terms of the appeals process is there anything else we could put forward? You're right that my other points are nice to have but I can't find any sort of bullet points on the net that we could use.

Again, I appreciate your advice

The LA should come up with a place for your older son somewhere.

If they haven't offered a place before the appeal, you will have a very strong case as the alternative is no school at all. However, if they have offered a place you need to look for things the appeal school offers that are particularly relevant to your son and which the allocated school doesn't offer. For example, if your son is musically talented and the appeal school offers more extra-curricular musical activities, that would be worth bringing up.

None of your reasons are applicable for an appeal. However, if you son has an EHCP, you have the trump card. You can choose which school they go to. Just inform the local authority once you have moved which school you want them to go to.

Stick to this and you will get a place.

The chosen school then has to fight their corner but they can’t unless the cannot meet need.

The key point is, the appeal will fail as you have yet to move. Wait till you have then go back to the local authority

That is completely wrong. Where OP lives is irrelevant for her appeal. It is not a factor the appeal panel take into consideration.

You can’t use the same admissions process for your older child. I’m afraid moving local authorities with a child with an EHCP is not straight forward. I am a SENDCo and have some experience of this.

Once you have moved, your current local authority SEN team need to liaise with the new LA SEN team. You will then give the new team your choices and they will send out consultations to the schools. Schools have 15 days to respond to a consultation. There are three reasons a school may refuse the consultation- they cannot meet need, they feel admitting the child would not be a reasonable use of resources or that admitting the child would affect the education of others. Not having a spare LSA/TA is not a valid reason. Even if they say no, they can be forced by LA to take your child and name the school in their EHCP.

it’s a shame that your current school haven’t prepared you for this. I’m afraid it’s not a quick process due to the consultation period but also waiting for the LAs to ‘talk’ to each other.

Of course it will. If they live 100 miles away then it’ll be taken into account.

It really won't. That is not a consideration for the appeal panel. The only question the appeal panel has to consider is whether the disadvantage to OP's son from not being admitted outweighs any issues the school will face from having to cope with an additional pupil. Where OP lives has no relevance to that whatsoever.