Can your ICS appeal end up winning a place for someone else?

[fatfloosie]

I believe I may have grounds for appeal on non-compliance with the School Admission Code which would also apply to up to four other children on the waiting list. If I argued my case effectively on these grounds and the other four parents appealed also but only argued on the unwinnable 'unreasonable' angle, is it possible that the Panel could allow all our appeals and then choose between us on the basis of need?

In other words, if I spend the available time honing my non-compliance arguments and neglecting the my-child-can-only-go-to-this-school arguments could I lose out to someone who though affected by the non-compliance is unaware of it and has spent weeks honing their my-child-can-only arguments?

I don't know the full answer to this one. However, 4 years ago in a similar situation I grouped together with parents for an ICS appeal. I ditched the emotional arguments and won for all 13 affected. We were stronger as a group and the whole thing was dealt with before formal appeal as the LA knew it wouldn't win.

It was interesting though listening to people saying that "this isn't fair... y child deserves a place at ... " rather than "this is why the LA have got it wrong..."

You do have grounds in my view. I believe the LA has failed to comply with its own admission arrangements. I will be answering your PM later today with all the details.

In theory if a mistake has been made the children affected should all be admitted. However, if the appeal panel concludes that the number of children involved is more than the school can handle they have to decide which ones to admit. They do this by comparing the cases to determine which children will be most disadvantaged if they are not admitted. I'm afraid you don't get any brownie points for being the person to bring the panel's attention to the problems. So yes, you do need to come up with reasons your child can only go to this school.

Agree with PRH that it is quite possible for a person to expose an issue at appeal that means that some pupils are admitted but not get a place themselves. The key question is would your child have got a place if the admission arrangements had been correctly administered.
If the answer to that is yes, then the panel then has to decide if all such pupils can be admitted or not. If not they then have to admit up to the level that they believe that can be admitted based on the personal circumstances of the pupils. No pupils will loose places that have already been allocated places, these will be extra places.

Agree with prh47bridge and Admission.

It is theoretically possible that you convince the panel that there has been a procedural flaw which has deprived 4 children of a place. The panel could decide that the school can only reasonably take 3 more children, put the 4 children in priority order and your child is the last on the list and doesn't get a place.

Thank you everyone for your input and well done baffledmum on winning your appeal.

Blimey this is tricksy. Theoretically, as second placed out of the five affected on the waiting list (although not second on the actual waiting list) by appealing I could also lose a place I might have got by just sitting tight on the waiting list.

I am sure this happened locally to me a couple of years ago (out-catchment siblings given priority over in-catchment children, contradicting admissions policy) and all 12 children involved were admitted. Assume school was considered able to cope though as quite large already.