Transferring schools - so do Appeals panels have more power to make decisions than the LEA?

[moomiemoo]

We've moving house early next year and have visited the schools in the area we're looking at moving to - my DC is in Foundation stage and we're staying within the same LEA.

Both schools we've seen have said, although they're full, if a place is declined we should appeal.

School 1 has had an extra class added this year to cope with the high number of children city-wide. This class size is limited to 25 but they have had 27 (2 have left). The head advised than at appeal, we should argue that as it had been up to 27 it could be again.

School 2, our preferred and catchment option should have 2 classes of 30 at FS. One of these classes has 31 children, because of an appeal. The head has suggested that we argue that the other one could as well.

I'm assuming that the LEA will decline us a place if the class has reached maximum size but that an appeals panel can override that decision in certain circumstances - is that right?

Has anyone got any experiences of appealing a decision made when transferring schools?

You are broadly correct. If the schools are full the LA will generally refuse to give you a place. However, if there are no places available within a reasonable distance from your new home they will allocate a place at a school which is already full. It won't necessarily be one of your preferred schools, however. Once the LA has refused you a place at a particular school you can appeal for a place at that school. The appeal panel can then award your child a place. It would be pretty pointless appealing if they couldn't!

In your case, your chances of a successful appeal at school 2 are limited. Any appeal would be an infant class size case. Despite the head teacher's comments, the fact that one class is already over the class size limit (30 children) does not give you an argument that the other class should also go over the limit. The appeal panel should only admit your child to this school if you can show that a mistake has been made, which is highly unlikely in these circumstances. Appeal panels do sometimes admit children when they shouldn't so you can try but you should expect to lose this one.

School 1, however, is another matter. This would not be an infant class size case so you would have a reasonable chance of success. You would have to show that the prejudice to your child from not being admitted to this school outweighs the prejudice to the school from admitting your child. The fact they have had up to 27 in the class before, presumably without problems, is a point in your favour. However, it would also be a good idea to come up with reasons why your child's education would suffer if he/she isn't admitted to this school. Things like child care arrangements and transport difficulties are generally discounted by appeal panels so you need to look at things that this school offers which would be good for your child.

However, before worrying about appeals you need to apply for these schools and see where the LA allocates you a place.

Dince you are moving within the area, is staying at the current school an option? You don't have to move your child to a different school just because you've moved.

Thanks for all the very helpful advice. We will submit our application and see what happens.

Staying at the current school isn't an option - we're staying within the same county but will be 7 miles away!