Have you lost an appeal but refused the allocated school? Advice needed!

[valhala]

If anyone out there has experience of losing a school appeal and being offered a totally unsuitable school instead I'd be very grateful for some advice.

I have a secondary school appeal coming up in 2 weeks time, which I fear I will lose. In a nutshell - we have recently moved, my ED obtained a place at the local school but it is oversubscribed in my YD's year. It's the only school in our town and the next nearest is nearly 6 miles away and the only other option as I don't drive. It is in a busy city, has problems in many areas including academically and with pupil behaviour and so on and is also unacceptable to me as my YD is socially and emotionally very immature though very bright and would be vulnerable in many ways. She would have a hell of a time there. There are other issues but I won't bore you!

If I win the appeal my questions will be irrelevant but if I don't I have real problems. I cannot - WILL NOT - send her to the other school for her own safety and emotional wellbeing so what the hell happens next?!

I know I can Home Educate but that is not a realistic option given my financial and personal circumstances. I have HE'd in the past but to do so now would be detrimental not only to my DD but to all 3 of us.

I know, of course, that if she receives no education, at school or otherwise, I am liable to prosecution and that only a Court can overturn an appeal decision. So I wondered whether any other parents had found themselves in the same position and if so what they did about it?

Has anyone lost an appeal and fought an LA to get a suitable place for their child having refused an unsuitable school subsequently allocated to them?

Does anyone know how and why a negative appeal decision might be contested in court?

Is a court case instigated an LA regarding a child who is not receiving any education a simple matter of establishing whether the child is or is not being educated or does the parent get the chance to explain why and gain some resolution?

If anyone can advise I would be eternally grateful.

Well done you. I wasn't so lucky, and I thought with my daughter's disability I would walk it. I should have had you behind me

I'm really sorry to hear that Gymbob.

You never know though, it could be a blessing in disguise as the school you think is ideal may not be so.

I won the appeal but DD2 was miserable at the school. She was bullied from the very first day, it went unaddressed, she got into trouble for retaliating in sheer frustration in the end, the school promised help and assessments but they never delivered... the list goes on.

Eventually we moved and that meant a change of school again. The fear and mistrust DD2 gained at the school which I thought would be so wonderful has been carried with her into the new one, which has caused further problems.

So, as they say, be careful what you wish for...

I hope to goodness you get not just what you wish for, but a provision which is perfect too.

theres no way hes going to the school his half brother goes to and i know for a fact that nothing that school does will stop him and his family aprouching my son,. think of the raul situation thats been in the news thats the kind of man and family im talking about my son isnt going to get that kind of stress id rather home educate,it took me 5 years to get thats man and his family freinds what not away from our lifes,its not just a case of a bit of bullying, no one would under stand unless theyd had it done to them,theres more to the situation,i tryed so hard to get him in the school i want, also i know that theres kids further away who have got in and also kids from my sons school. becouse of sibbling being in it,so yes home education is the only option as other schools are to far away for him to travel alone as i dont have a car and my husband works all day,i cant staqnd out side the alocated school every day waiting for my son so that this man and his son dont try talking to him, and a teacher cant just go up to the boy in question and say u cant talk to him there not alowed.plus it will cause more trouble for me,oiut of school and i dont need any of that hassle again any more.

i have just lost my 2nd appeal for a secondary school place in my catchment school, my younger daughter attends our local primary school with my eldest having to travel to a different county school,

Can anyone advise what i can do now? my daughter and i are now suffering from the stress of this, we have supporting letters from local councillor and MP and a doctors letter, but this seems not enough. What else can i do from here?

I'm afraid the letters from your local councillor and MP would be unlikely to help your appeal. The doctor's letter would be more significant but it depends what it said.

Why did you have 2 appeals? Did you go to the LGO after the first or was there some other reason?

Unless there was something wrong with the appeal which would allow you to go to the LGO, your options are limited. Does the fact you have posted on this thread mean you have refused the allocated school? If so, you can either home educate or ask the LA which local schools still have places and apply for one of them. You can also, of course, go on the waiting list for your preferred school and hope that a place comes up.