Reception appeal failed but now they might have free places?

[mummy22gorgeousboys]

I appealed for a place at a school I would like my DS to attend. It was a Class Size Appeal, and as you can imagine, I was unsuccessful.

I was told there were 70 places by the school, and by the La, and when I went for my appeal, and I was given a diagram of how the classes are mixed. In reception there are 2 x classes of 30, and 1 x class of 10 + 20 Y1 children.

However, I speak to a few mums of children who are going to this particular school, and I have found out today that there is a list of 65 children going into reception - not 70.

I am under the assumption that they have accepted more children in older year groups, but I won't know for sure until I speak to the La and school tomorrow.

What I would like help / info on is

• how to go about trying to get my DS into the school now I have had a failed appeal?
• if they do accept any more children would they accept them from people first on the waiting list?
• what's the best route to try and get my DS in to this school, through the council or the school?
• what's the best argument I can use?

I know it's a long shot, but worth a try?

Any help / advice / info much appreciated.

It would be illegal to have only admitted 65 if there were more than this who wanted a place and the admission number was 70, so I would have some concerns as to what this list is. Could it be that this is the list of pupils starting now and that the other 5 are starting after Christmas? It could however be a list of pupils known to be starting and the other five are unknowns - they will in that circumstance normally wait a few days, contact the family and then look to fill the places.
By the same token it would also have been incorrect for the school to have admitted more than the admission number to the school in year 1.
I would approach the school to check how many pupils they have accepted into reception year and whether there are any places now available. Whilst officially it is the LA you should be asking they will only ask the school how many have actually turned up. If there is any hint from the school that there may be some free spaces get onto the LA admission office immediately and say you want a place at the school. What should happen is that any spaces will be filled from the waiting list, which is kept in strict admission criteria order, but you need to make sure that you are on that waiting list and that the LA know that you want the place.
You cannot appeal again in this academic year unless there is a material change in either your circumstances (moving house for instance) or a material change at the school. What you are doing is simply asking to be retained on the waiting list for the school, which is your right.

There can be children on roll but with deferred entry till Jan or April. Those childrens names may not yet be on pegs/ class lists etc.