Appeal a primary school place

[mandy2383]

Hi everyone,

A friends recommended this site, so I thought I would post for some advice.

My son didn't get his first choice where he attends nursery now.

I am going to appeal this. I find this so hard to write but I have OCD and depression. I can't go out of the house without someone I feel safe with being with me.

Oddly the only thing I can do is pick my son up from school and sometimes take him. This is because the bus stop is outside our house and stops right outside his school. I am in tears writting this. Never being able to go to assembleys,sports days or even just holding his hand to school again terrifies me.

The school he was allocated is on paper the better school, its just once we have got off the bus its a ten minute walk in my heart of hearts I know I can't do it. I would do anything for my son, but I just can't do this.

This will have a huge impact on my son, he doesn't know there is anything different about me. By going to another school he will. He is such a worrier he gets that from me unfortunatley we mentioned the idea of going to another school and he just crumbled, we didn't want to push it with him.

I would just like to know if anyone has had experience of an appeal. The thought of this terrifies me, but I have to do it for my son.

I didn't realise you could write this in the application form, stupid I know.

Hi, thank you so much for your reply.

If would be an Infant Class Size Appeal.

You see this is where I get confused the only thing I have is a starting primary school in leeds, which I got sent out with the addmissions appeal.

So I am a little unsure of what there criteria is. I thought it was on distance,siblings etc.

I sound really daft here, he is just my first child and I didn't relise you had to find all this out.

I didn't even know when you had to apply for a place at first, untill I looked on the education website to see when I should be applying. I never recieved any information I just filled the form in online. I could kick myself I normally go through every detail.

Hi, thank you so much for your reply.

If would be an Infant Class Size Appeal.

You see this is where I get confused the only thing I have is a starting primary school in leeds, which I got sent out with the addmissions appeal.

So I am a little unsure of what there criteria is. I thought it was on distance,siblings etc.

I sound really daft here, he is just my first child and I didn't relise you had to find all this out.

I didn't even know when you had to apply for a place at first, untill I looked on the education website to see when I should be applying. I never recieved any information I just filled the form in online. I could kick myself I normally go through every detail.

Is there (as SchoolsNightmare asks) an admissions category for social and medical need?

If this is an infant class size appeal then your room for argument in appeal is limited. You have to pinpoint an error, a serious shortcoming in the admissions criteria (not in accordance with the law or the admissions code) or satisfy the panel that the decision was so unreasonable that it must be overturned.

At appeal, you can't argue that the LEA was in error in not considering your health needs if you haven't informed them about them, but you could try to persuade the panel that - looking at all your circumstances - the refusal of a place is so unreasonable that it should be overturned. Again, this isn't an open and shut case because you will be introducing new information that the LEA did not have at the time, but you may find a sympathetic panel.

Taking this to appeal may also mean that the LEA considers whether you can be placed in the medical/social need category and so move up the waiting list. (Usually this means referring the case to a med/soc panel since, as SchoolsNightmare says, the burden of proof is high here).

I suggest that you gather information about your health issues. To carry most weight, this needs to be a letter from your GP or psychiatrist saying that in their professional opinion (ie not just repeating your view) your son needs to attend the local school because you cannot manage any other journey. You can then submit it to the LEA (1) asking them to consider moving your son into the med/soc category (assuming there is one within the admissions criteria) and (2) as part of your appeal. You can do the two things simultaneously.

The Advisory Centre for Education may be able to help you with this.

Thank you for your replies.

Its is a class size appeal, on our offer letter is does say they had reached the limit allowed and that children with a hight criteria were accepted first.

I was advised by someone ealier to ring the LEA and explain my situation to them first and see if he can be moved up the waiting list. I will do that tomorrow.

I have a few people I think which can confirm my problems I see a psychiatrist, socail worker and a psychologist and was also having CBT therapy unitll last year.

Its just a mind field to me.

Yes, I understand that it must sound very daunting. That's why it might be worth ringing (or getting a friend to ring) ACE, to see what help they can give you.

The advantage of an appeal is that (if you win) your child gets a place, whereas moving your child into a higher category will simply mean a better position on the waiting list.

Speaking to the LEA, to find out whether they have a social/medical need category and what evidence they would need from you before they put your child in it, sounds like a very positive first step.

Let us know what they say and good luck.

Thank you very much, luckily I have a brilliant husband and mum.

So I have taken note of everything that has been said and will get them to make some phone calls tomorrow.

I think I just need to keep a level head and take one step at a time.

You need to make sure with the LA admission office that you are on the waiting list for the preferred school, so that you at least have that potential.
Unfortunately when I look at the admission criteria for pupils in Leeds to maintained schools, which I assume your preference is,, there is a criteria where pupils with medical needs may get priority but it is specific to pupils and not to parents / carers as well which many LAs have.
As such regrettably I do not believe that your medical condition can be taken into consideration to gain a high place on the waiting list. Also if the appeal is an infant class size appeal your medical condition cannot be taken into consideration as to win appeal in effect the LA have to have made a mistake, which does seem to be the case.
When was your son born? Children do not have to start school until their 5th birthday, so it could be that you could delay starting school until after Christmas which would give more time for a place to become available at your preferred school.
I think also you do need to be thinking about what alternative strategies could be employed to get your son to the allocated school? Are there for instance other local children going to this school which could mean that you could go with another parent to try and overcome your concerns?