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Primary education

Join our Primary Education forum to discuss starting school and helping your child get the most out of it.

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Original poster

Help! Successful appeal but daughter will not be with her year group

28 replies

Huff · 07/12/2011 09:51

Last week my appeal for my daughter to change primary schools was upheld - the panel said that the school/admissions authority did not have a valid case because the school is under capacity.

I contacted the headteacher is ask if I could come and see her and meet the teacher and class. Today she has sent me an email to say that my child will be joining the year 4 class and not the year 5 class and that this was explained at the hearing (it was not mention at the hearing at all).

Can she do this? How can she be the only year 5 child in a year 4 class??

Thank you

Huff

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IndigoBell · 07/12/2011 09:52

Gee, she really doesn't want your child :)

2BoysTooLoud · 07/12/2011 10:01

What happens next year/ Does she go to year 5 or 6? Will they differentiate work for her?
Sounds very odd and that the Head is being bloody minded.

KATTT · 07/12/2011 10:06

Speak to the Local Education Authority. They will have rules and guidance about this.

I believe it's illegal to move a child out of their year group without your agreement. If gentle persuasion doesn't work and it comes to a real fight talk to the Parent Partnership service and also IPSEA are really good on education law.

2BoysTooLoud · 07/12/2011 10:12

Have you had contact with the Governors? As well as doing all KATT says write a letter/ email them.

DeWe · 07/12/2011 10:34

I think you need to say why they feel she would be better in the younger year.

Has she sn, or is she young for the year or missed a lot of schooling?

We had a child who was the year above at school and it never was an issue except occasionally at birthdays when they would get cards with the wrong age on.

IndigoBell · 07/12/2011 10:47

Of is the Y5 classroom full, and the space in the school is in the Y4 classroom?

prh47bridge · 07/12/2011 11:06

This is not acceptable. Complain to the head, the governors and the LA. The head may not be happy that the appeal succeeded but she cannot take it out on your daughter.

I'm intrigued by the appeal panel's decision. A school being under capacity is not of itself reason to admit. However, if it is below PAN in Y5 that would be reason to admit. But regardless of whether they were right, the panel has made its decision and the school has to get on with it.

Original poster

Huff · 07/12/2011 12:47

Thanks everyone!

I can't believe I've been through the nightmare process of an appeal for this to happen.

The year 5 group was under PAN but the head had agreed with the LA not to admit any more to the year group.

Huff

OP posts:

seeker · 07/12/2011 12:49

She can't do this. Contact the LEA.

admission · 07/12/2011 22:01

Seems as though both the school head and the LA are making their own rules up as they go along. The appeal is binding on the school and LA. If your child is a year 5, the appeal was for year 5, then they go in the year 5 class, end of story.
Please tell the head that your daughter will be starting in the year 5 class which the appeal panel agreed and that if she does not want to do this then you will have no alternative to report the school and LA to the Local Government Ombudsman.

seeker · 08/12/2011 09:20

Any news?

Original poster

Huff · 08/12/2011 12:24

Hi,

Thanks, thats what I was wondering - has she been accepted to the school or the Year group?

I will pluck up courage to ring the HT again today

OP posts:

2BoysTooLoud · 08/12/2011 13:05

Good luck!

prh47bridge · 08/12/2011 18:06

If the year group was under PAN I'm not surprised the appeal succeeded. They have to have very strong reasons for refusing to admit in that situation.

Hope the HT has accepted that your daughter will go into Y5.

Msamber1 · 08/12/2011 18:30

Are HT even allowed to do that?

Original poster

Huff · 09/12/2011 13:19

OMG! I am speechless. I've had today the most incredibly rude email from the HT to say that 'I was told several times during the hearing, that my daughter would be joining year 4 because year 5 was full' and that she is too busy to meet with me next week.

The LA have said its up to the school how they organise their classes and the presenting officer did make clear in her case that the year group would have to be split if any further children were admitted.

I do remember that the panel questioned the presenting officer on the size of the classroom, if there were any spare classrooms and why some of the other year groups classes were so small. But she just kept saying it was up to the HT how they organised their school.

The appeal didn't go any further because as I said before, the schools case was not considered to be valid.

I can't quite believe the HT can be so mean as to put my daughter in a different year group, all on her own. Although she 'will be set work according to her ability'

I'm shocked!!

OP posts:

learnandsay · 09/12/2011 13:29

Are you sure that you want your daughter to go to a school where the head teacher is so determined not to include her? Two adults banging their heads together is one thing. But what about the poor child?

2BoysTooLoud · 09/12/2011 13:29

Not sure how you proceed here. What do you think you are going to do? Is she going to be the only year 5 in year 4?

seeker · 09/12/2011 14:43

Why do you want her to go to this school?

kla73 · 09/12/2011 15:49

I am shocked! If the year group needs to be split then so be it although I would have thought that they should consider swapping classrooms and all other options before doing this midyear to admit one extra child. Totally unacceptable imo to put your child as the only year 5 child into the year 4 class - if they need to split then they need to do this properly with a mix of year 4 and 5 children. It seems your only option is to go to the Local Government Ombudsman if they wont budge. Very unfair to put you through this after enduring the appeal process. Good luck!

prh47bridge · 09/12/2011 16:27

Unbelievable. Year 5 is NOT full whatever the head teacher says. That is the reason your appeal was successful. And whilst it it true that it is up to the head teacher how they organise their school, that does not give the LA's representative any right to refuse to answer pertinent questions from the panel. I think most panels, faced with a refusal to give relevant information like this, would be more likely to admit.

I am with Admission. You should tell the Head and the LA unless they agree to put your daughter into the correct year group by the end of next week you will refer the matter to the Local Government Ombudsman. As kla73 says, if the school wanted to introduce mixed teaching for Y4 and Y5 that would be one thing but to put your daughter as the only Y5 child in Y4 is unacceptable.

This Head needs to learn to behave professionally when the school loses an appeal, not have a hissy fit and take it out on the child.

grumpypants · 09/12/2011 16:32

Ask the LA authroity for a copy of their policy regarding children being held back a year. They should surely have some guidance on this?

Original poster

Huff · 09/12/2011 17:29

Hi, yes I totally agree with seeker - why do I want my child to go to this school??? Originally, it was because its a far better school than her existing with better year 6 sats results, really good consistent ofsted reports etc, etc. Some of my daughters friends have already moved and their parents have nothing but praise for the school and the HT.

I thought that I would try and move my child too but I think the HT is fed up with children moving to her school from out of the local area and maybe we are the final straw!!

I can't let my daughter go to this school though and be in the year below where she should be.

I need to have a long, hard think.......

Thanks everyone

OP posts:

mysteryfairy · 09/12/2011 17:36

My DD was in a mixed age class at her previous state primary - one of several mixed age classes in the school. They had a very clear set of criteria, determined by the governors, about how they did this. One of the details of their policy was that they would not go below a certain number of children from a year group being in a class. You could ask if there is a similar policy? BTW this did result in some uneven class sizes but this was in the overall interests of all the children and didn't isolate one child like your daughter would be.

I can't believe a decent governing body will countenance this anyway. Could one of the other parents you know raise this with the governors before you make the decision regarding the place.

prh47bridge · 09/12/2011 22:49

Can I encourage you to take this to the LGO even if you decide not to take up the place. It won't cost you anything and will hopefully deliver a lesson to the Head and the LA so that future successful appellants will not receive the same treatment.

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