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Appeal decision of Fair Access Panel

5 replies

Masonj377 · 08/09/2024 16:01

Hi

I applied for my daughter to be added to waiting list for a local school. She has been educated at home for several years and wanted to return to school for years 10 & 11

My daughter has SEN ( no ECHP) due to very personal reasons and her Sen and anxiety there is only one local school she will voluntarily attend.

All local schools are full - I was aware a child was leaving the school we wanted so I made a normal application mid July for this Sept.

Local admissions advised application would be processed in due course which seemed logical with six weeks holidays approaching

I contacted admissions end of Aug for an update and was advised that our application had been passed to the Fair Access Protocol Panel who would meet early Sept to make a decision. I had never heard of this process before and I was told my daughters application had been treated as a vulnerable child application due to her SEN and home education background.

I did not question any further as the panel were meeting in days and I assumed it would be a positive meeting

I received a letter on Fri advising that the panel had allocated my daughter a place at a completely different school - the said school was purposely not listed on my application form and for very personal reasons my daughter cannot attend school.

I spoke to admissions team they have said I can only appeal now which will obviously take time - I feel that had I been made aware that my case was going to FAP and that I was advised what FAP was then I could of submitted further information which the panel could have looked at which would show why my daughter cannot attend the school chosen.

Is there anything quicker I can do instead of an appeal, my daughter is so unhappy 😔

OP posts:
Soontobe60 · 08/09/2024 16:18

It does sound from what you have written that the FAP hasn’t been fully complied with. You should have been told that this was being considered after the in year application you made had been processed, it seems this step may have been missed. However, it could be that there were no places at your choice of school. Just because you believe someone in the same year group was leaving thus freeing up a place doesn’t mean your DD would be allocated that place. There may have been a waiting list already. The whole point of the FAP is to minimise the length of time vulnerable children are out of school. As your DD has some additional needs, the LA were correct to use the FAP at the appropriate stage.
I’m assuming that your DD has never attended secondary school as you said she’s been home educated for several years. Admittance via the FAP should ensure a successful transition into the school allocated, and you will need very strong evidence as to why you believe the school allocated is unsuitable.

Masonj377 · 08/09/2024 16:52

Soontobe60 · 08/09/2024 16:18

It does sound from what you have written that the FAP hasn’t been fully complied with. You should have been told that this was being considered after the in year application you made had been processed, it seems this step may have been missed. However, it could be that there were no places at your choice of school. Just because you believe someone in the same year group was leaving thus freeing up a place doesn’t mean your DD would be allocated that place. There may have been a waiting list already. The whole point of the FAP is to minimise the length of time vulnerable children are out of school. As your DD has some additional needs, the LA were correct to use the FAP at the appropriate stage.
I’m assuming that your DD has never attended secondary school as you said she’s been home educated for several years. Admittance via the FAP should ensure a successful transition into the school allocated, and you will need very strong evidence as to why you believe the school allocated is unsuitable.

Hi

thank you for your reply. I agree I think the step advising me we had been referred to FAP was missed, it’s a shame really as I think if the panel had the full info then they may well have allocated a place at the school we wanted.
There was a short wait list for the school in July but admissions said that they were taking new application for Sept ( as current wait list expires end of July so you have to reapply to stay on the list)

I had just hoped as it’s a close school and with the other pupil leaving that the timings would coincide with the waiting list .

The school where the place was offered to my knowledge was full.
My daughter was bullied at primary school ( stabbed in arm with scissors ) The bullies attend the school so for those reasons she would not attend.
She also has an estranged half brother in attendance at the school and for personal reasons around that she would not want to attend.

OP posts:
Masonj377 · 08/09/2024 16:53

If I have to appeal is it a standard normal appeal process or is there a separate one for FAP decision appeals ?

OP posts:
MarchingFrogs · 08/09/2024 22:03

The Fair Access Protocol having been invoked by the LA doesn't take away your right of appeal for any school for which you have made a formal application, but been turned down, so you should submit a normal appeal against the refusal of the school where you applied ASAP.

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