In year school appeal

[Brill1234]

Can anyone help with an in year school appeal?
We are having issues with stalking with is being investigated by the police.
my daughter is in year 7 and I believe the person harassing us has children at her school. We have managed to get a place for my daughter who’s in year 6 a place in a new school for September to start year 7 so I’m having to appeal for a place for my other daughter as the year is full. I have messages from my daughter as evidence that she is suffering with her mental health but nothing from specialist as she doesn’t really feel comfortable talking to anyone. She also lives opposite the new school, literally 30 second walk. The police are not able to provide anything until they do a full investigation which could take months. Her attendance at school isn’t great due to our concerns and her bus route constantly making her late causing her more stress because she’s getting in trouble. Can anyone help on advice on what to put in. I’m worried they will say there isn’t any evidence to prove all this but I don’t have time to wait for evidence to come through as I want to remove from the school as soon as possible!! Thanks

If it full, it's full. Just wait for a place, there's always movement.

That’s not really what I’m asking though. I’m asking for help as we have an ongoing investigation for stalking and my other child will be attending there.

You presumably have a crime number and the name of the officer dealing with the report? You could try asking him / her to at least provide you with a brief statement confirming what has been reported and that it is under investigation.

Are you sure you want to disrupt your child's education?

I really think you are going to have to wait until,the police have concluded their investigation.

In the meantime make sure you understand how their waiting list works as some schools keep them on indefinitely and some ask that you keep adding them every half term of whatever.

You can only appeal once a year so I wouldn't want to appeal without the evidence.

If a school is at or over its PAN number then you won't get a place, no matter if the police are involved.
@indianwoman is correct.

What else does your local school offer which would benefit her?

If it is that bad take her out of school. Explain your reasons. No child should feel threatened ( like you seem to describe ) at school. Hopefully she will be a priority to get a place at the school. At secondary they are not restricted to the numbers in the way primary are. they can have special needs to add another child. As long as she has a place at school she will not be a priority for a place at another. If you feel it is bad and your daughter is in any danger pull her out. Make her without a school.
I say this from experience as a friend of mine had a DS and he was being bullied at school. She tried to move him and got no help as the other school near her was full. She spoke to a solicitor who said make your DS without a school. She did and she received a place at the school around 3 weeks later.
your DC are the main priority. Their mental health is important. Drastic times call for drastic measures.
I wish you well.

I'm not sure you're going to get far with an appeal based on a suspicion that someone who is harassing your DD has children at her current school, unless you can show that being at her current school is directly affecting the situation. If the harassment isn't happening at school (I presume not because you'd know that the woman has children there) and her children aren't involved (again I presume not because you'd know they attended there) then her current school place really has nothing to do with the harassment situation.

Unfortunately, the bus route isn't something an appeal panel can consider, and if she isn't attending because you are concerned, you'd be better to investigate what the school can do to help your DD keep safe whilst there.

If you do decide to appeal, you'll need to really look at what the school you would prefer can offer that benefits your DD.

Yes I have a crime number and a letter from the police saying it’s under investigation but they can’t really back me up in any other way. The person who I believe is stalking me have made claims to social services 3 times and nspcc once, which has resulted in the police coming round to do checks, all malicious and the cases have all been closed within a few hours. I have been receiving prank calls, usually silence but other times saying they have dirty pictures of me they are putting on Facebook (there is definitely no pictures of me). They have phoned hmrc on my partner which resulted in banks being looked into… again nothing found. He’s been pulled over 3 times within the last 2 weeks as they’ve said his car is now marked due to reports on it. They have also been in my work. With them coming in my work and the things they have reported to social services it has to be this family. There is a history with them which I won’t go into. I understand appeals are hard and it would be easy to just see if she gets a place but I’ve tried every way possible. She’s on the waiting list but like I said her sister has managed to gain a place in September. It’s actually the feeder school from her primary school so she knows a lot of the children there so I think with all the stress of the last few months it would be beneficial to her mental health to attend there. If I’m right and they then speak to this said family then I’m worried about my daughter. At least if she attends the other school it’s one less thing to worry about and hopefully they will stop anyway as they won’t be seeing her

I'm really sorry you're facing that. It sounds hard. In September you'll go up the waiting list for a place, which will help.

You can try appealing but I would also include as many points as you can about the benefit the preferred school has to offer.

If it’s a local authority school you could try your local councillor for advice and support. If it’s an academy try your MP.

Are you sure you want to disrupt your child's education?

Her child’s education is already being disrupted. By a stalker.

Whilst I don't think the op has a case for appealing here, that isn't true.

Thank you so much!! And I definitely don’t want to be in this position nor did I think I ever would, but the last few months have been hard! The school she is at has been brilliant and to be honest the school I want her to move to haven't be so great with me, but as a mother I can’t just ‘see’ what happens. My anxiety everyday is so bad and I just want my kids to be ok. I am kind of hoping they can see the bigger picture but I understand it’s their job to deal with facts which at the moment aren’t coming together! I’ll definitely look into what the school can offer her. I’ve also tried other local schools but I’m in the same position with years being full and with 1 daughter already gaining a place at this school it makes more sense than trying to find a school for 2 children

This is terrible advice. I sit regularly on appeal panels and our first rule is that we don't 'reward' people for pulling children out of school by using this as the reason to give them a school place. It would be the perverse incentive to end all perverse incentives.

Do you have any advice as someone who sits on the panel? I am friends with two of the governors for this school who have also said they will write me supporting letters as they are aware of the situation but I know supporting letters don’t go that far with appeal panels

That's just rubbish @Highfivemum, like when people say to just put one school on their application to force the school to give you a place because they have no option.

@Brill1234 "my daughter is in year 7 and I believe the person harassing us has children at her school."
What evidence do you have that the alleged stalker has children in the same school as your daughter?

"We have managed to get a place for my daughter who’s in year 6 a place in a new school for September to start year 7"
So this is a second daughter?

"so I’m having to appeal for a place for my other daughter as the year is full"
So if you wait until September, then you will get sibling priority?

"I have messages from my daughter as evidence that she is suffering with her mental health but nothing from specialist as she doesn’t really feel comfortable talking to anyone"

If you are seriously worried about her mental health you should ask your GP or school to make a referral to CAMHS.

"I’m worried they will say there isn’t any evidence to prove all this"

Yes, this is a problem. How can they know you're not just making it all up?

The reason why we’re not willing to just let this be is the women who I believe is doing this, her brother murdered my cousin 16 years ago. I was unaware they even still lived in the area until my daughter started school. We live 3 miles away which isn’t a huge distance but obviously we had never had any dealing with them until now. Because of all the reports etc it’s brought back a lot of memories which is affect us all as a family as I can’t relax knowing they can watch us and are harassing us. The police don’t move quick though with these types of incidents because in their eyes we’re not high risk

See your GP about your anxiety and ask them to write a letter explaining this situation to the panel.

"I am friends with two of the governors for this school who have also said they will write me supporting letters as they are aware of the situation"

@Brill1234 clause 2.14 of the appeals code says "Panels must not allow representatives of schools to support individual appeals for
places at their school at the hearing itself, or by providing letters of support for appellants.
Such support could create conflicts of interest and unfairness to other appellants."

You need written evidence from a mh professional stating that this school is the only one to meet her anxiety needs. Your anxiety or desire to move will not sway it. How does she even know about the situation prior to her birth and the stalking? If you are not even sure the family members attend why does she feel intimidated? Paths may have crossed elsewhere unwittingly, and could again.

"You need written evidence from a mh professional stating that this school is the only one to meet her anxiety needs."

All schools are able to deal with anxiety. Some may deal with it better than others, but that's not enough to sway an appeal.

"How does she even know about the situation prior to her birth and the stalking? If you are not even sure the family members attend why does she feel intimidated?"

Exactly @Brill1234 . What is the context for you sharing your anxieties with your daughter? Has she been the target of any specific incidents?

No, that would be entirely inappropriate and would breach Admissions Law.

There is often a lot of movement in the summer term into September as it's peak season for house moves. Coupled with the change to have sibling priority and depending upon how many are on the waiting list, your chances are greatly improved.

Don't withdraw her now, as EHE means they don't have any further requirement to be involved. If, however, her attendance is being that negatively impacted, your current head may be prepared to discuss a managed move with the new school's head, which is outside the standard admissions procedures.

If you are unsuccessful at appeal this term, you will be able to appeal again next term when she's a sibling.

PAN numbers notwithstanding, the appeals panel may decide that the prejudice to your child outweighs the prejudice to the school. Get together and submit whatever reports & evidence you can to the tribunal. Fingers crossed 🤞🏻