Appeal Panel

[Remagirl]

Our child has been refused a place in a secondary school based on their attendance would likely be detrimental to the education and wellbeing of other pupil(s). This was sprung on us at an informal meeting at the preferred school. Their current school suggested the placement request was proceeding and that there were some nuances to iron out around subject choices. My hubby attended meeting with new school and was told that a current pupil at that school had panicked when told that our child might become a pupil. There is a brief back story to this as panicking child moved schools due to bullying. Not by my child but same year group and school. Instead of arguing on the spot hubby left and we talked to the parent if panicking child to say"is there an issue". Parent said yes, saying our child sent panicking child a text saying they were going to beat them up. I'm not lying when I say we investigated this and challenged the parent. They admitted that it was a rumour they'd heard and not a text. However, this parents unfounded gossip has derailed our child moving schools due. We are now appealing and having to prove that there is no truth in this assertion. Our child has struggled to settle in to current school due to constant disruption in class. They've had two lots of 6 weeks counselling in year 1 and 2. They have been bullied by a small group of boys that are the same ones that bullied panicked child. I am 100% sure our child hasn't said or done anything but feel angry and upset. It seems that our child hasn't become a scapegoat for what happened previously. We have asked current school for character ref and other notable people in kids life such as primary head who knows them well personally and sports coaches. Is there anything else I should do? Is a legal advisor worth it?

What type of school is this?

If it's a state school in the UK, none of this sounds legitimate.

It's a state school in Scotland and I agree. The whole thing is crazy.

Sorry there are a few typos in my post but hopefully you understand my point.

Ok, hopefully someone will be a long who understands the Scottish admissions system. I had a look, and it looks like this could be legitimate grounds in Scotland, as one of the reasons for refusing a place is "If they think that your child can only be provided for in the school you want at the expense of the other pupils' education" which could be argued to apply here.

You would be eligible to appeal the decision https://www.gov.scot/publications/choosing-school-guide-parents-nov-16/pages/4/

We have an appeal date in the new year. I have read the Scottish Government policy framework doc 'Getting it Right For Every Child'. What i'm confleicted with is do we have to prove the issue was made up do we focus on why our child should go to the chosen school??

The usual process for an appeal would be to prove that their grounds are unfounded, or the rules have been incorrectly applied. So you need to prove that your child's attendance would not be at the expense of the other pupils' education. If they have rejected on this basis, proving that this school is perfect for your child is likely to be irrelevant.

I'm not an expert and dont know the Scottish admissions system. Hopefully someone more knowledgeable will come along soon to confirm or correct me

Thank you I appreciate you taking the time to respond 😊

@Remagirl I am involved in appeals in England, as a presenting officer for a school. Appeal decisions are made by weighing up arguments, not by absolute proof. The panel are more likely to believe you if you are calm, rational and objective, so ask someone to proof-read your written case before you submit it to make sure it stacks up. At the hearing, you can ask the school's representative to show evidence that your child sent nasty texts to panicking child. If they don't have evidence, then the panel will need to choose who to believe. Positive behaviour reports from your child's school will help.

You need to convince the panel that the school's decision to refuse the application was unreasonable because they didn't have sufficient evidence of the alleged bullying. My school has only once refused a child's admittance due to behaviour. The family did appeal, but then withdrew their appeal when they saw our statement, which included a detailed behaviour report from the school the child had left.

Thank you that's really helpful. I have asked current school for confirmation of no reports of bad behaviour including aggressive or inappropriate behaviour towards others. No detentions or demerits. I've asked pastoral teacher for a reference as well as other significant people on child's life. We feel very aggrieved by situation but agree calm and collected is the way forward. We are both used to speaking and facilitating meetings in our day jobs so feel okay about that side of things. The refusing school have never put anything in writing aside from the legal reason for rejection. Everything we know was communicated verbally. So we feel that there is no tangible evidence only a rumour. Our child is devastated by the label and is adamant they have done nothing to cause hurt or harm.