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

Ah. Several new posts while I was typing mine.

If you consider that your child has special needs, this may actually give you a strong case at appeal. Children with special needs who are admitted outside the usual admissions round are one of the very few (7) exceptions to the infant class size regulations. Is your child already receiving support or care from a health care professional or psychologist? If so, you should present evidence of that. Be aware, though, that it will not be enough to state "my child has special needs"; there has to be confirmation of that from a professional and there has to be clear evidence that your preferred school has expertise or facilities which aren't available in other schools, as all schools are expected to cater for children with a range of needs.

On social and medical need, the School Admissions Code says

Social and medical need

2.27 If admission authorities propose to give higher priority to children for social or medical reasons they must ensure that in doing so they are not failing to comply with paragraph 2.16(g) of this Code, which prohibits the use of oversubscription criteria that discriminate against or disadvantage children because of their special educational needs or disabilities.

2.28 Admission authorities must not use this criterion to give a child a lower priority in obtaining a place at the school, but it is acceptable to give higher priority to children or families where there is a social or medical need (for example, where one or both parents or the child has a disability that may make travel to a school further away more difficult).

2.29 If using this criterion, admission authorities must give a clear explanation of what supporting evidence will be required ? for example a letter from a registered health professional such as a doctor or social worker ? and how this will be assessed objectively. Admission authorities? decisions must be consistent and based on this objective evidence. The supporting evidence should set out the particular reasons why the school in question is the most suitable and the difficulties that would be caused if the child had to attend another school. Admission authorities must not give higher priority to children under this criterion if the required documents have not been produced.

2.30 This criterion, if used, must not relate to particular aptitudes for some subjects such as in sport or music. For example, schools must not seek to admit children, under this criterion, on the basis that they ?need? to attend the school because of an aptitude or interest in sport and the school has particularly good sports facilities. Selection by aptitude is dealt with in paragraphs 2.78 to 2.82 of this Code and schools wishing to admit a proportion of children on the basis of their aptitude for a particular subject must follow the guidelines provided.

It seems to me that para 2.30 means (by analogy) that a school could not admit your child on the basis that s/he 'needs' French tuition, just as it could not admit a child who 'needed' sport or music. That is something that you will have to test at appeal.

The school admissions appeal code is available at the same link but I can't get it to open. You should check what that says about social and medical need.

Finally. The Ministry of Justice has published a Guide to the Human Rights Act. On page 20, it says

For example:
? It might not be a breach of your right to education if the state does not provide a particular kind of teaching. But if the state provides it for boys but not for girls, or for people who speak only a particular language, but not another, this could be discrimination in relation to the right to education. If this was your case, you would rely on your rights under Article 14 (nondiscrimination) taken together with Protocol 1, Article 2 (education).

On page 27, it says

Limits on the right to education

3.121 The general right to education is not an absolute right to learn whatever you want, wherever you want. The Government has made a special reservation to the ECHR in this area so that education provided by the state is limited to the extent that this is necessary to provide an efficient education and within public spending limits. You might not have a right to the most expensive form of education if there are cheaper alternatives available, but the Government or local education authority must balance the right not to be deprived of an education against the spending limits it imposes. The Government has stressed that the cost of providing education is a relevant factor in making these decisions.

In a recent case it was also held that the duty under Protocol 1, Article 2 was imposed on the state and not on any particular domestic institution. It did not create a right to be educated in a particular school or a particular manner, so that if an expelled pupil was able to have access to efficient education somewhere else, there would be no breach of his or her Convention right.

All the bits I've highlighted suggest to me that your argument that your child has a right to French tuition at your preferred school will get nowhere. I don't usually recommend going to a lawyer (and taking a lawyer to appeal hearings can backfire on you) but if you are determined to quote the Human Rights Act, you might do well to seek legal advice. You could also seek advice from the Advisory Centre for Education.

Explaining the difference between an appeal with a chance of success and an appeal with little chance of success is not the same as shouting abuse, Phenikz.

My children are both disabled and bilingual, I have been through the appeals process, I have spoken to countless other parents who have been through the appeals process- you could have had the benefit of that experience for what it is worth, but you are choosing to see anyone who does not share your views as unhelpful.

To sum up, in a country with a large immigrant population being bilingual is extremely common, it does not count as exceptional needds, it's something families are just meant to cope with. There is no law that says you have a right to provision for maintaining your home language in British schools. There used to be such provision in Swedish schools, but that has largely been withdrawn due to costs and uncertain value. It has never been the case in the UK.

Getting into a school that is already full is extremely difficult, it is something that usually only happens in the most desperate cases, the poster cases as you put it. Of course you can try your luck, but you would stand a much better chance if you chose to give more details and ask for advice that does not depend on the language aspect.

Ah, the real stuff from the person who knows, Panelmember .

If you do go for Special Needs, I would advise you to get as much supporting evidence as you possibly can and focus your whole appeal on how the school you want is the only one that can offer exactly what it says in the medical evidence that your child needs. Be prepared to have it challenged by the school.

Pheniks - Again, the time it took me to compose my post meant I missed your most recent one.

I don't think you'll gain anything by starting a new thread. MN is an open forum and people can post where and when they choose. I don't agree that people have been shouting abuse. The word 'twonk' (which I thought meant twit) is pretty mild by MN standards and you do need to face the fact that your argument that your child needs to go to that school to learn French -despite being a native speaker and despite the availability of things like Muzzi and La Jolie Ronde - is very far-fetched and pretty much doomed to fail at appeal. The special needs angle, as I and others have said, could work for you, but only if there clearly is a special need and it's one that no other school could cater for.

I really don't think there's anything more I can say. Speak to ACE and see what knowledge or experience they have of parents citing the Human Rights Act in primary admission appeals. I'll look at this thread from time to time and contribute if I think there's anything new to say but, really, I think I've reached the end of the line.

Cory - You are very kind but I think people can learn at least as much by listening to your experience as they can by listening to me. Your experience is 'the real stuff' too.

Pheniks - Do please take note of what Cory and other parents who have appealed on special needs grounds have to say. It does have to be about the 'match' between what the child needs and what the school can offer. Do also read carefully the admissions and admissions appeals codes.

Signing off now.

Am just adding my voice to the others who have bilingual (in our case trilingual) families.

While I understand your frustration about the school, I would advise you to look for another ground for appeal. The language thing will get you nowhere.

We are German/British family living in Suisse and the level of MFL teaching at school is very basic. There is no way we could argue that it was helping to preserve our childrens' cultural heritage. The teacher even misspelled Apfelstrudel and Schwarzwalderkirschtorte.

Twonk has nothing to do with foreigners, btw. That is a false explanation. I would say it is similar to saying "twit".

Please listen to what the posters are telling you and save yourself the work of the appeal. They are not being rude, but basically everyone has said the same thing and you are still looking for someone who agrees with you.

I poped out for a minute.

Panelmember, I am reading through your post and thinking. Just give me some time. I'll react soon. I really appreciate helpful comments from everyone.

I would still (as a mild academic interest) like to know why you think (if you genuinely do,OP) that school French is going to preserve your cultural and linguistic identity as a family.
As a linguist and a language teacher, living in a foreign country with a bilingual child (along with about 60% of posters on this thread) I just don't get why you can possibly think that?
I wonder if your fears re your identity are somehow connected to the trilingual (or is it 4?) in Switzerland....am I to presume that in your home country, the language element in schools would be a deciding factor? Is that where this is coming from?

Another mum of bilingual children here (German/English) and I completely agree with those who feel that a couple of hours of primary school french lessons will be nowhere near enough to "preserve your linguistic cohesion as a family".

And I also find your comment "If he does not experience French at school, he will be embarrassed and reluctant to speak it at home and will eventually loose it" very surprising. Have you considered speaking French to him, of reading him books in French, of letting him watch French dvds in other words making an effort yourself ?

Ime there is nothing about a language lesson in an English primary school that would make a child feel that being bilingual is normal or unembarrassing. Even at secondary, none of dd's friends seem to have the expectations that they are actually going to end up speaking French; ime very few English people do have that expectation.

'poster cases'

well, as long i know where dd2 (doesn't) stand then, eh?

i might pop back at some point to see if there's any form of apology on offer for that brainless remark, but tbh this thread just exemplifies why mn is known as the home of the blardy over-entitled in some circles.

op, if you had any hope of a yr r place on sn grounds, your paed would have been discussing it with you already.

why don't you just find religion? i'm sure there's a nice faith school with decent results french on offer that some vicar could get you into for a few hours dozing in a pew of a sunday?

Madwomanintheattic to be fair OP withdrew the remark having realised it was ill judged and had possibly lost some subtelty in translation.

It is the way a lot of people think about SN though, more think it than say it.
I'm intrigued by the 'possible special needs' it has to be said.
Wondering which list he's using, which disabilities he's considering.
You might be better off getting religion as has already been suggested.

hat a load of rubbish that your child would feel embarrassed to speak frnch at home if he doesn't at school - he will get a very small amount of language tuition (which as a native speaker he shouldn't need).

Loads of kids speak one language at school and another at home - my nephew speaks french all day and then comes home to a mother who only speaks to him in french and a father who only speaks to him in english - kids adapt and learn and you have to work with im speaking french at home - he won't lose it. I think maybe your issue is with the school being under special measurees is maybe the reason you are so pissed and not anything to do with language!

apols, gnome. must have missed that.

the use of 'failing' as an adjective for the allocated school says it all when discussing the necessity to get a different placement though.

i'm really not at all convinced that any sn will necessitate going to a school where french is on the curriculum tbh.

and the op needs to be very very very careful pulling the sn trump card - in an awful lot of cases, the schools with the very worst of reputations are the ones deemed best for sn students. usually due to a higher percentage of low income families (and a perceived increase in the number of children requiring specialist help on entry to school). certainly in our leafy suburb of hampshire, if you mentioned sn, you were advised, nay, encouraged to attend the one school that was in special measures, as they were the ones with the additional staff already in situ.

i had to visit the school three times to prove that i had considered it. but as the ht told me it would not be a suitable setting for my dcs, i did feel fairly ok about applying to other places.

so, be really careful about that card you hold up your sleeve, op.

Having been the other way around - we were the foreigners and our DCs went to the local school - we found that our DCs had no problem switching from one language to another without batting an eyelid. In English they were English, in Dutch they were Dutch.

Unless there are other reasons so far unsaid, so far as I can see the OP's real objection is that her DC has been allocated to a failing school. Unfortunately, that wont wash on appeal because someone's DCs have to go there.

It isnt the end of the world though I can understand a parent being upset. We have had to send our DCs to a failing primary then a failing secondary (no choice where we are). It isnt as bad as it seems. We are committed parents who ensure that our DCs get the very best out of the school. So long as OP is prepared to do that then her DC should thrive whatever the school.

i think in my first post i did suggest that the op accepted the place and then volunteered immediately as a parent governor.

Madwomanintheattic - having done service as a governor in the primary school I wouldnt wish that fate upon anyone!

Imagine how long the meetings would be.

ah, i was the governor responsible for sn.

i can drag out a meeting m'self, i'll have you know. (and also wrap one up in about 5 minutes flat if it's obvious that some nut has strolled in with a personal agenda - the most recent was to discuss nitrites in fundraising lunches. we were all terribly polite for about 20 minutes thinking we had fresh blood, and then figured out there was no way on this earth that any of us could work with the woman in question, and so gave the nod to the ht, who said 'it's parental choice, and nothing to do with the governing body', and so we all went home. )

Bumping, as I'd love to know what the outcome of the appeal was.

Why not offer to set up an after-school club for children who would like to learn French?

DD's primary have groups for German, Latin, Mandarin and additional French organised in that way, and run by parents - or some parents have clubbed together to pay for a teacher to come in. They have over 60 languages spoken in the school, and it's very non-leafy with high levels of FSM and EAL.

FWIW, her primary has a native-speaker French teacher and they even do residential trips to France, however after 7 years of French, DD only has VERY basic knowledge.

I'm bilingual and studied another two MFLs to GCSE standard, there is no way that I would encourage a bilingual child to study their own language even for GCSE. They would learn nothing and be bored rigid. Most people I know in that situation organise tuition outside school with other bilingual kids - much as many people organise classes in music, dance, sport etc at a level you are unlikely to access in the average non-specialist school.

What is your situation with your other choice of schools? Where are you on the waiting lists? Did you pick schools you had a REALISTIC possibility of getting into, or just the ones you liked the look of? Do you qualify for faith schools?

Waiting lists also do move in London particularly - make sure you are registered for every school you would accept a place at, and re-register after 31st August.