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School appeals, shortest suitable walking route

7 replies

Confusedrural · 20/04/2012 14:16

Has anyone ever had success arguing over the shortest suitable walking route ruling? We live in rural area so no walking route ... National speed limit, unlit, unpaved, narrow country lane. By public footpath over farmers fields we are closer than others admitted but by road are well out of permitted distances. Hoping to argue an exceptional case because of rural setting. Know probably don't have much hope but any advice for tips greatly appreciated.

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PanelChair · 20/04/2012 14:32

Does your LEA measure distance by safe walking route? Most now use straight line. And what does your LEA say about what it regards as a suitable walking route? (This ought to set out in the schools admissions booklet).

Many LEAs insist that the route should be paved/metalled, lit and not across private land. I suspect you would be in difficulty arguing for the footpath because, although it's public, it isn't (I imagine) paved or lit. (And have you reaslly thought through the ramifications of walking over fields to school in the dark and in bad weather?)

Anyway, much depends on your LEA's definition of a safe walking route. You can try arguing that the footpath meets the definition (if it plausibly does) but what you can't do is argue for a different defnition, because if the LEA (or appeal panel) adopts a different definition of a safe walking route for you, it has to adopt it for everyone else.

Blu · 20/04/2012 14:33

No experience, but a secondary school in Southwark has been 'done' by some judicial body for formerly refusing to recognise a commonly used footpath as a walking route. You might want to google this - someone linked to the document which explained the reasons for the ruling. Advance search on MN or Google 'Charter School footpath' and see if you can find it.

Is the path you use an official Public Footpath or Bridleway shown on an OS map, or just a short cut over a field? If it is an official path I would have thought you could show that it shoulkd be considered a walking route.

In our highly urban area the criteria is distacne by 'safe walking route'. 'safe walking route' means a lit path. In you case not even the roads are lit, so they could be seen to be discriminating if they count a walking distance over a road but not an official path.

You need prh47bridge to advise on this one!

Blu · 20/04/2012 14:34

x-posted with PanelChair, who is experienced and knowledgable, whereas I am merely opionated Smile

threekidsfourcats · 20/04/2012 14:47

it really does depend on how they measure distance, safest walking route, straight line or as the crow flies, with other things we appealed on the grounds of distance because the preferred school was on our side of the river the allocated school was on the other side, they drew a straight line as the crow flies right across the river over marshland over fields with no footpath to be had!!! the river is 200ft wide and runs through the town, so although being close the way the did it, we actually had to go 2 miles out of our way to cross the river to drive 2 miles so 4 miles in all to get to school, the preferred school which they say was further is 2 miles on our side of the river???.....we too live in rural area not light no foot paths and our preferred school was the closest at 2 miles driving distance........they do state that they can not account for short cuts or if we go this way its quicker or shorter or everyone will be saying stuff like if i jump this fence i take 30 meters off the distance and stupid stuff like that, we appealed on 5 different things....still didnt get in...but it is worth a go at asking the LEA if its a safe walking distance issue to send you a copy of their plotted route for you because you never know they may have overlooked something

Confusedrural · 20/04/2012 18:53

Have asked about seeing maps and can if I go into offices but no copies to be sent out. The footpath is on OS maps but is not paved in anyway. There is no way I would actually walk this route, but nor would I walk along the road and if it were the days when we had no cars then yes ... I would walk the field footpath route rather than take my life in my hands along the road! The only description of routes I can find from the authority is 'suitable' walking route according to their maps.

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prh47bridge · 20/04/2012 20:05

The information in your LA's admissions booklet is appalling. It doesn't even make it clear whether they measure using straight line or walking route. The admission arrangements aren't much better as they only seem to have the draft ones on their website. As you say they talk about the shortest suitable walking route without making any attempt to define what that means. On that basis I would go to appeal and argue that your route using public footpaths is suitable. Indeed, if the LA's route has used roads I would say from your description that your route is likely to be more suitable than theirs!

On the question of maps, tell them that you are appealing and that you are aware that the Appeal Code requires them to answer all reasonable questions to prepare for your appeal. Tell them that, as you may wish to dispute the distance, a request for a map of the route used is eminently reasonable and that if they fail to supply one you will point out to the appeal panel that they have hampered your attempts to prepare, contrary to the School Admissions Appeal Code.

Confusedrural · 21/04/2012 09:40

thanks for that! Will request one again! :)

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