Infant class size appeal query - in year admission

[Ihatemakingpackedlunches]

Hi,

We are moving back from abroad soon with our 3 children. We are hoping to get our 2 elder children back into their old school. But our youngest is in reception and if there is no place we shall need to do an infant class size appeal. Do we stand a chance of getting her in, using her "emotional" state considering she will be inconsolable if she is not in a school with her siblings, and will be very unsettled anyway having moved from abroad to what to her will seem like a new country.
Any advice please!

Thanks for the response - the new admissions guidelines state that if the decision to refuse was:

^beyond the range of responses open to a reasonable decision maker? or ?a decision which is so outrageous in its defiance of logic or of accepted moral
standards that no sensible person who had applied his mind to the question could have arrived at it^

then they will go over 30.- so I am thinking that as well as a mistake being made in the application process, there seems room for some kind of "emotional / logical reason too. They have also told me they will go over 30 if all other schools within a 2 mile radius are full, but are being cagey as to what constitutes the above quote.

But can you imagine the deluge of similar claims of "inconsolable" children if they were to allow yours in? I think it highly unlikely you have a case, I'm afraid.

If you get your oldest two children in then your youngest child could end up at the top of the waiting list if the school has sibling criteria.

You should only win an infant class size appeal if you can show that a mistake has been made and your daughter should have been admitted. For an in year application that is very unlikely.

Your daughter's emotional state will not win an infant class size appeal.

The LA will not give you an answer as to the meaning of the section of the Admission Appeals Code you have quoted. However, the point being made is that, although you can argue that the decision to refuse admission to your daughter was unreasonable, the threshold for such a finding is very high. You have to show that no sensible person would arrive at that decision. You won't be able to argue that the decision to refuse admission to your daughter is unreasonable. You may be unhappy with the decision but it is entirely reasonable - the school is full and must comply with the law on infant class size.

Thanks SchoolsNightmare & prh47bridge for clarifying what the appeal code means by "unreasonable" . It looks like we shall just have to try our best to get the older 2 in & then youngest will be top of the waiting list. Or just hope that no other school within a 2 mile radius has a place!

Well, even if another school has a place, and you accept it initially, it doesn't stop you putting her on the Continued Interest list for the school your other two are at.

Whilst the new admission appeal code has changed around details of how infant class size cases are handled, as PRH and others have said the reality is that there has to be a mistake by the admission authority to get you a place in an infant class size case, an unreasonable decision is a completely perverse decision. which is just not going to happen with an in-year application.
Your best bet is get her on the waiting list for the school now, because places are more likely to become available as you get towards the summer holiday and people, like yourself move. Hopefully you will be lucky and get the timing right of applying just as somebody moves - do you still know parents in the school who you can tap up for information on pupils potentially moving on?

Thanks admission.
Its tricky because we are abroad, & though we have proof of notice to our tenants the LEA will not process any application or even put us on the waiting list until we are back in our old house. And we have to confirm timings for moving now as it involves an overseas relocation company. Hey ho, just cross fingers & hope for best I suppose.

we had all this last year....dd was in the nursery but did not get a place in the infants there or her catchment school or the next nearest we ended up 3 miles away, dd also has a physical disabilty and wanted her to stay with the children she had been with over the last year as obviously all the questions and upset were long over done with and she was settled and happy which we explained at our appeal and also the fact the school although as the crow flies is closer than the nursery she was in they would not take into account that there was a 200ft river right outside our house that we have to drive 2 miles out of our way to cross then go the 3 miles to the school they allocate and all the other schools we applied for were on our side of the river....to me there is no common emotional or logical sense in some allocations we are also last on the list for our catchement school as we are the last house in the catchment so alway getting bumped down so we are stuck with a school we didnt want dont like and all the other children attending live approx 5 - 10 miles away making it difficult for dd to actually have any friends out of school!!!.......

They have to use the published admission criteria. If they specify straight line distance then that is what they must use regardless of any obstacles. It is widely used as it is less likely to be challenged than shortest walking route, where there is always the possibility that the LA has missed a footpath. For some parents straight line works in their favour, for others it doesn't.

Free school transport, however, always uses walking distance so you are entitled to free transport for your daughter.