Primary School Tranfer List Refusal???

[rockinhippy]

Thankfully I no longer need to transfer DDs School, as the violent child who was causing all her problems, making her a nervous wreck, so making her ill with IBS etc etc, will no longer be at her School.

BUT, I'm curious how the transfer system works, as having filled in the forms, not heard back & then heard from other Mums in her class that they had heard back from their own transfer requests, I chased it up, only to find my form & letter had gone astray..........

filled in again, with long letter explaining situation, & that I had our GPs backing for the School change, for both DDs & My own health reasons.....both very strong arguments for the chosen School, also explaining we didn't want to move Schools but the situation had become intolerable & no end in sight.

Day after I heard that the problem Child was leaving DDs School, I recieved a letter from the transfer people, telling me that DD should stay at the School she is at, & that they wouldn't add us to the transfer list at all, & we would have to appeal if we disagreed.

I'm really pleased for DDs sake,to say we know longer need the transfer & its possible the transfer dept may of somehow known this already, but not sure..........

but I am curious, CAN they refuse to add a child to the School transfer list,??

the Chosen School is a popular one, but its our 2nd nearest & we are well within the catchment area & DD was under the School counsellor as a result of the problems in her class, & very ill with stress as a direct result of problems caused by this 1 boy..... something our GP was quite angry about, so like I say, we did have a very good argument for moving her School.......so a bit surprised by the refusal

I've not come across the idea of a transfer list before but...

The LA does not have to grant your request for a transfer to another school. If that year in your preferred school is already full to the admission number then they generally won't admit.

The LA is only required to maintain a waiting list until the end of the autum term for the normal year of entry. Beyond that it is entirely up to them whether or not they continue to maintain a list. The school may keep a list even if the LA doesn't.

What I hope your LA is really saying is that your preferred school was full and that you have the right of appeal against their refusal to admit.

If, however, they hold a waiting list for your preferred school but they were refusing to put you on that list, they were wrong. You have an absolute right to apply for any school at any time. If there is a waiting list, you have the right to go on that list even if there is no realistic chance of your child ever being admitted.

Thanks for your in put, I was curious, as I'd never heard of this happening before......& yes there IS a waiting list for the School, in fact all our local Schools have waiting lists, rather than imediated or end of term transfers

I did ring & speak at length to both the School & the School admissions people, & on the phone they both told me that there was 4 on the list, so once processed DD would be number 5, & that yr 3, adds 2 more places to the class meaning that as we had a good case medically, if I could prove that, which I could...we were very likely to get in in September......

so as you can imagine I was very surprised to receive a letter refusing a place even on the list at all, telling me I would have to appeal, which left me wondering if they would of know the problem boy was to be expelled, hence the change, but it was all so quick, & I would of thought it would of been my decision not theirs to not change Schools

Thankfully its only hypothetical, as DD & us are very happy for her to stay where she is now the Boy has gone......but it got me thinking, if they didn't know things were now resolved, what a dreadful system it is......bad enough having the stress of your child being attacked daily, & so ill as a result, & then also having the stress of a tribunal just to get them to a School where they can be safe again

as I say, thankfully no longer a worry for us, which we are all thrilled about, but I really pity anyone else if thats how the system works

In that case the LA got it wrong. They have no right to refuse anyone a place on the waiting list. By doing so they are breaking the law. If they carry on doing this I hope someone refers them to the LGO who will put them right on their legal obligations.

Thanks prh47

thats good to know just incase things don't work out, though I'm sure now it will,
also good to know thats not how the system works............think I will reply to letter, & say that I know that, just as a matter of principle.........p'd me off TBH, as it was the LEAs fault that the situation in DDs School went on for so long, so seemed VERY unfair

thanks again, & I really hope no-one else goes through that for real.

prh47bridge - is that true?

I'm about to apply for a transfer for my child but the LEA has made it clear that they have the right to turn down the application for a transfer - and with it, the chance of going on a waiting list.

They have a form you have to fill out and they decide whether you are allowed to go on a school waiting list.

Should I be seeing my MP about this?

As far as I can see, an application for a transfer should be treated as an application for a place outside the normal admissions round. The provisions of the School Admissions Code therefore apply. As long as your child meets the entry requirements for the school (e.g. if the school is selective) the LA is generally required to handle your application in the same way as normal applications - the only exceptions are if your child has been excluded permanently twice or, in some circumstances, if your child has challenging behaviour.

In the normal admissions round they have to admit any child if there is a place available and allow any child onto the waiting list. I therefore cannot see any way the LA can justify refusing to even put a child on the waiting list when applying outside the normal admissions round. They certainly could not refuse a child moving into the area so it is difficult to see how they would be allowed to refuse a child transferring within the LA.

The LA do not, of course, have to agree to an early transfer from primary to secondary school.

As far as I am aware the Local Government Ombudsman hasn't been made any rulings on a case like this, so there is always the possibility that I will be proved wrong. My advice would be to apply in the normal way. If they refuse to even put your child on the waiting list, I would accept whatever appeal process they offer. If that also fails, refer the case to the LGO. That will be the quickest way of getting it resolved. Personally I wouldn't bother with getting your MP involved - I doubt they would really be able to help.

Thank you, prh47bridge. I must admit I was amazed when i was told about the application for the transfer list. I'd not come across anything like that before, and I 'phoned back to check.

MP out of the question atm, anyway, what with the GE and all. Goodness, I do hope it doesn't come to any lengthy appeal-thingy.

The good news is that LGO prioritises school admission appeals if you get that far, but I hope you don't need to go there.

Good luck.

I agree with prh47bridge about how the application should be treated.

I know that some areas (mine for instance) receive lots of applications for transfer and try to dissuade parents from doing this - it does not resolve the underlying problem at the school or with the other child causing problems; it disrupts a child's education; some parents move their kids when the school starts challenging their behaviour/attendance etc. Making the process more complicated to put off casual transfers is one thing, but refusing to accept the request is just plain wrong.

A letter from the LA refusing to accept your transfer request should be treated as a refusal of a place at the school, which you can then appeal - twin track this with a referral to the Local Government Ombudsman. Both processes are free, unless you choose to buy in outside help.