Native language as Exceptional Medical or Social Circumstances in school admission - any ideas?

[Phenikz]

We are French speaking Swiss Family. All primary schools in our area but one offer French as part of their curriculum. We applied to our local catchment school under the admission rule about "Exceptional medical or social circumstances". Our reason (exceptional social circumstance) is that our son needs to access French as part of the curriculum. In this way he will maintain his native language and we will preserve our linguistic cohesion as a family. If he does not experience French at school, he will be embarrassed and reluctant to speak it at home and will eventually loose it. This was happening to our elder daughter until we moved her into a school that does offer French. Then we will have to speak English, a foreign language, to communicate within the family. We do speak English as well, don't get me wrong :), but we would like to preserve our cultural heritage.

For sad reasons we were allocated a place at the only local school that does not offer French, even though we are not in its catchment area. The curriculum there is deliberately restricted (even "Topics" were abandoned) because it is failing (in special measures), so they are not likely to teach French in the foreseeable future.

We are going to appeal. The LA did not consider us under this rule maybe because it is not medical or social services related. But some LAs, Devon notably, do interpret it broadly and include compelling educational reasons.

Could anyone advise what the law about exceptional reasons is? Any other laws or regulations that could help us?

Any experience?

Thanks

[hellokitty123]

And what about the Dutch, Polish, Iranian families in the UK - should they also demand that their children are taught their mother tongue? Ridiculous!

[mrz]

I have a Polish child in my class and he happily switches between English in school to Polish with his mum without any Polish input in school over the past 3 years.

[cory]

Exceptional social and medical cases of my experience have included:

child whose mother was terminally ill and expected to die within the year admitted to school which offered special bereavement counselling

wheelchair bound child admitted to only local school with disabled access

So we are talking serious needs which if not met would have denied the child the opportunity to access any education at all.

[Phenikz]

This is about a standard provision which is already there. Not a tailor made individual one. If Polish is offered as standard, I don't see why Polish families could not express a preference, if it is their choice.

[Phenikz]

I certainly appreciate that some people are dealing with very difficult circumstances. I also know a thing or two about those. But there is no merit in the race to the bottom - knocking down the person behind you. You don't know all the facts, nor do you need to, strictly speeking. This is beside the point.

All individual circumstances should be given a fair hearing based on the law. The law is not limited to poster cases of wheelchair access.

[Goblinchild]

Of course you are entitled to express a preference.
It just won't have the results you want.

[Gooseberrybushes]

"poster cases of wheelchair access"

I really hope you fail in your appeal.

[MIFLAW]

Phenikz

What you are saying - that primary school French is going to reinforce a cultural identity in your family more strongly and effectively than you speaking French in the home - is silly.

And it will not work. Because it is silly. So silly, in fact, that everyone on this thread (including other bilingual families, members of admissions panels, and parents of children who themselves have qualified as exceptions to the LEA's standard decision) thinks it is silly, and has given you a whole range of reasons WHY it is silly and will not work.

Your original question was, "Native language as Exceptional Medical or Social Circumstances in school admission - any ideas?"

The prevailing idea is, don't do it. It is silly and will not work.

HTH.

[Goblinchild]

No, this is a poster case of total egocentricity. So little chance of success.

[Phenikz]

Thank you all for your comments.
I learned a new word.

www.urbandictionary.com/define.php?term=TWONK
TWONK

Derogitary term, roughly equivalent to idiot. More insulting than berk, but less insulting that gimp. Thought to originate in the Victorian Era meaning a lower-class foreigner

Thank you those who made it, you should be proud.

I really think this topic needs to put a lead on the level of emotional aggression an overtones repeatedly pushed by some members.

I do indeed appreciate comments like for example made by mrz, Clam, Admissions, Panelmember, prh47bridge, and some others. These comments are exactly helpful and made in a civil, sensible manner.

The point is not to prejudge the outcome, but to engage with the argument with some level of quality.

I certainly maintain that if some posters have nothing civil to offer, as some commented "we already offered advice", it is for them a good time to turn their attention to other pursuits. Why do they keep on coming back to repeat their sentiment and pile up personal name calling slang? This is a public platform and I don't think anyone has rights to use me and my post for venting their frustrations or cheerleading popular sentiments.

This creates an intimidating atmosphere where many sensible posters would not want to offer advice in order to not become targets themselves.


With all the emotion, the question asked still hasn?t been discussed. What does the law says about special circumstances, which law, where I can read it?

Admission, how was the Human Rights act tested? Could you share any link / reference? I read a few reviews which state that it is working and evolving. I realise it is a general point which doesn?t work for a particular school, but could work for a particular characteristic in education (i.e. tuition of MFL) which in practice can identify a range of schools. Could you please expand your point?

[Goblinchild]

When do you have to appeal by?

[Phenikz]

Sorry if "poster" offends anyone, probably a bad choice of word. I take it back.

What I mean is that the law is not limited to the cases often cited as examples, because the text of the guidelines specificly states that these examples are not an exhaustive list.

[Goblinchild]

I just want to know how much longer you will keep this thread running around in circles.
You don't like what you have been told by a wide range of people with different yet related experiences.
Is there another site you would have better luck on?
Perhaps you could go and look?

[Phenikz]

Lodging the appeal by 27 April. Then it's less clear.

I realise language is a weak point, but it is the only for me to put the foot in the door and to present some other very relevant evidence which was not available when I applied.

The strong point might be potentially Special Needs. But it's early yet- I understand the assessments and statements take years and we are at the very yearly stage.

I basically need my original reason (language) to stick

[Gooseberrybushes]

I am 100 pc certain that "twonk" was not meant to refer to your foreignness in a derogatory way. I would bet my house on it the fact that the person who used it meant "silly person".

[MIFLAW]

Phenikz

tip 1 - never trust a dictionary whose authors cannot spell "derogatory"; it is likely to be unreliable.

tip 2 - the reason "many sensible posters" do not want to offer advice is because they are sensible and, as everyone has said, what you are proposing is not.

tip 3 - if, in spite of the excellent advice you have had, you want to know what a law says, google that instead of the urban dictionary.

[MIFLAW]

"I basically need my original reason (language) to stick"

It won't. Hard luck.

[Panelmember]

Pheniks

Some time ago I invited you to say more about your situation, so that we could suggest other arguments that might be more persuasive than the far-fetched, clutching-at-straws one of your child needing the rudimentary French teaching at primary school to shore up his cultural identity, which is never going to persuade any admissions panel.

You said that you had been allocated this school for 'sad reasons'. What do you mean by that? Is there some compassionate dimension to the case that has nothing to do with the French language? Admission (I think) sees more scope for an appeal on French language grounds than I do - have you done any of the things that s/he suggests? Have you joined waiting lists and made appeals for the other schools offering French? If you haven't, this may lead the appeal panel to conclude that this isn't actually about gaining access to French tuition, but instead is about getting into your one favourite school, using the French as a convenient (but flimsy) argument.

If you have read any of the primary appeals threads, you will know that the threshold for winning an infant class size appeal is set very high. Many posters here have been trying to help you understand the English school admission and appeals system. What you plan to say at appeal will be a waste of your time and the panel's. It is just possible that we could help you construct a better case, but to do that we need to find other strong arguments that you could put forward. Even then, unless these are so strong that they reveal a mistake in the original decision to refuse a place or make it appear so unreasonable that it should be overturned, you won't win.

The fact that you seem to be equating your child's need for primary French lessons with the need for a child who uses a wheelchair to be in an accessible building suggests to me that you still don't 'get it'.

[Goblinchild]

Please come back and tell us if you were successful. if you don't give us an update, we will all just assume we were right all along.
Unless the SN are unique and can only be met by specialist provision available in one names school, preferably on a Statement then I wouldn't pin your hopes on that either.
MS schools are expected to make provision for a wide range of additional needs. 'potential' or not.

[Phenikz]

Panelmember, can we continue this conversation in another thread, as here people can't stop themselves shouting abuse?

[bubblecoral]

Op, if you expand on your case and feel able to share the reasons why your appeal could also be based on special needs, you will get help here. People are sharing their experience with you, and if that many people are telling you that your agruement about French being taught is not going to help you win an appeal, it's time you listened. Because there may be something else you can use to win an appeal, but you will miss it if you remain so focused on something that will not help you. You do not have special circumstances because your child comes from a bilingual family. You need to concentrate on something else.

Anyway, if this really is all about your child learning French in a classroom environment, couldn't you look up one of the many extra curricular French classes that are available? My children go to one after school that is not part of the curriculum, but it is an extra class that they offer. Do you know if your allocated shool or any others have this facility? Or if there is another one local to you that you could use privately?

[MIFLAW]

"people can't stop themselves shouting abuse" - absolutely superb. This is top-quality material.

[Gooseberrybushes]

I'm just about managing actually.