Infant Class Size Appeal- LEA failed to predict massive increase in applications

[AbbyR1973]

Sorry- yet another appeal related post.

My son failed to get any 3 of our preference choices or the catchment school. Last year the LEA managed to accomodate all children within the exisiting places but this year there has been a big rise in applications and there were insufficient spaces in local schools to accomodate everyone. They clearly didn't predict this as they have hurriedly put on extra reception classes in certain schools. The schools they have done this in all have bad reputations and the nearest, which DS1 has been allocated to, is 3 miles away.

Meanwhile my first choice school has 45 children in the year group and then teach 3 mixed year1/2 classes (so it is infant class sized prejudiced from year 1.) This school had 60 places until 2005 when the LEA reduced them to 45 and took out 2 mobiles. They have quite large grounds and have previously had capacity to accomodate 60 children. There has been 2 big housing estates gone up locally which are both closer to the 3 schools in the area than I am because we live on the edge of the town. This new housing has inevitably put pressure on school places within the local area. The LEA wrote a document in 2008 discussing the future of local schools and preferencing a move to 1 or 2 classes per year group to move away from mixed year group classes which was seen as a disadvantage.

The LEA are saying they are not considering further places in my first choice school. My son is 12th on the waiting list and would have a place if they put in the 15 extra places. The reception class would be within legal limits and it would give a year to plan for year1.
The LEA are predicting the situation will be worse next year and year on year there will be rises in applications until 2020. Therefore inevitably they will need to plan for extra capacity within the local school system.

My son is expected to go past these 3 schools to get to the school 3 miles away. He will have no local friends to play with after school and my school run will become impossible. The school they have allocated to him is entirely unsuited to his needs.

I believe the LEA are being unreasonable in not increasing the availability of local places in local schools when there has previously been capacity.

Can I use this argument in this infant class size limited appeal.

With thanks in advance for any advice,
Abby

Mossity, would a social services' letter about that school placement being NOT appropriate have some sway?

Oh, sorry, already suggested [puts on glasses]

Our sw, Hv and councillor are all writing letters. It's just a case of waiting now :-(

Just to add that we would of deff got a place at our other school. Talk about stressful lol x

Adding bulge classes to a school is not just about having the physical space to dump a portakabin.
Our school has quite extensive grounds, but the pressure of even our current 2-form entry numbers on the lunchtime routine (getting hundreds of children through the system frequently gives rise to children from the last classes timetabled still eating when the bell goes for afternoon school) and hall/gym space. Whole-school assemblies are such a squeeze we rarely manage them and each PE space, inside and out, is booked every session. There is no "give" in this system, so if it's raining (hard) then classes have to miss PE.
I now have 31 in my class, but really only space for 30 so there's always a scrum at one table with books overlapping. No one is ever off sick in my class! Packs of books/test papers/ come in 10s or 15s so we have to order (and pay for) extra.
These things may sound minor but they add up to build a picture why heads can be reluctant to expand.

There are actually two issues here. Firstly is whether the LA should have given due consideration to the issue during the initial stages of the admission process. If there was an admission criteria that says medical and social needs, then I would argue that they should have been reasonable and given due consideration and should have informed you whether they were or were not prepared to consider you under this category. So was there such a category? If not then I think that the LA has no ability to vary the admission criteria and therefore they have done what was necessary.
However the second issue is when you go to appeal. Firstly did they give due regard to the situation as above and then secondly the question of were the LA as the admission authority being reasonable. I have done a good few appeals that are similar to your situation and in nearly all cases the panel have felt that the LA should have given due consideration to your request. The other point that is relevant is that under the new admission code for next year, is whether your child was looked after at any point. If they were looked after and then adopted they would be considered next year as previously looked after and then have absolute priority on admission criteria. OK this does not come into force until next year, but it is another nudge to the appeal panel that maybe they should err on the side of the family.

We have a school..... All praise to the lord (quite apt as its a catholic school!!!) an over subscribed school that has just increased numbers! It's near too 0.8 miles and has an outstanding ofsted (added bonus!) we still on waiting list for our other choice but knowing we have a school is a relief! Bit concerned its a catholic school though but going to see the head teacher tomorrow!!!