Reception school - allocation when moving

[helen1122]

We didn't get any of our 3 choices for my daughter to start Reception in Sept. We were no3 on the waiting list for our first choice and are appealing the decision (although I am sure this will be fruitless).

Our house is on the market and we might accept an offer on it this week.

What I wondered was, if we move to the catchment area of our first choice before the start of the school term do they have to offer us a place? When I told the council that we were hoping to move to the cathment area the lady said something about being legally obliged to offer a school place at a school within a 1 mile radius so we would almost certainly get a place as she doubted that any schools within 1 mile would have a place.

The thing I am not sure about is would this only happen if we moved after the term had started or would they have to offer her a place if we moved before the term started?

Many thanks

what grounds are you appealing on?

they do not have to offer you a place just because you move to the catchment area especially if it is an infant class size issue if you move closer to the school than the other 2 on the list you will move up....you will have to provide evidence that this is your new address ie copy of contracts, council tax bill. no idea about what this lady has said to you, but im sure that they are not legally obliged to offer you a place within 1 mile, you will be allocated the next closest school that has places available which could be an hours drive away (thats what they call reasonable distance) we didnt get any of ours last year not even catchment and had to accept the allocated school 4 miles away....im sure one of the experts will be along and give you a better explanation of the system....good luck, allocation are a nightmare x

As oneistoomany says moving into catchment will not mean you automatically get a place. It will move you up the waiting list but that is all.

There is no legal obligation to offer a place at a school within a 1 mile radius. In many rural areas there would be no school available within that distance! The only restriction is that the offered school must not be an unreasonable distance away. Up to an hour's journey in each direction is viewed as reasonable.

Given that it sounds like you are only moving a relatively short distance I would expect the LA to stick with the offer they have already made, although they may come up with another offer if there is a school with places nearer to your new home than the one already offered.

I know this is a random question - but if the LEA can offer a school that is up to an hours drive away - how does it work if the parent cannot drive? Because an hour's drive can easily be 1.5 - 2+ hrs on public transport? Would it be any different if the parent has a medical condition that means they are legally barred from holding a driving license? Obviously I would put that on the application form, but would it still be classed as 'reasonable' to allocate a school an hour's DRIVE away if the parent cannot drive?

Free transport is provided according to distance, not driving time, but as I find it hard to imagine an hours drive not qualifying also by distance, then I think transport would be provided.

OP: I think FAP is unlikely to applying your case, as the school you are thinking of was one of your original choices so the journey to your currently allocated school is likely to be deemed acceptable. Or they could allocate you to any school with a place and provide transport. Unless you have specific circumstances that mean you had to be considered under the FAP anyhow (which should have come up in first application), it would only be activated now if no school had a vacancy at all.

The reason I ask is because when it is time to apply for DS3's school, he will not be allocated any local school. I am in a 'blackspot' whereby this year I was outside the last distance for ALL the local schools. He won't have a sibling link, and the council's own strategic planning authority documents show that my are will be short of 127 reception places for his intake, with some people being placed in schools on the other side of town where there will be some surplus places (other side of town is 2 buses away, and OVER an hour and a quarter minimum for the closest of the schools that will be offering these surplus places by bus, and also they would only give free bus pass for the CHILD in my LEA - so the parent still has to pay!), and the rest will be sent to neighbouring towns (which are 20+ miles away...).

I am in the process of wiriting a letter to my MP, outlining my concerns, as none of the schools locally have PARENT'S medical issues as a criteria, and I cannot legally hold a driving license due to epilepsy. 1) I won't be able to afford the bus journey, am unemployed on benefits. and 2) It woould take me more than an hour to get there.

Where does it stand that if the direct journey by CAR would be JUST under 2 miles, but the buses don't link the two estates, necessitating a bus journey into the town centre, AND a bus journey from the town centre out again - meaning 8 buses a day? By bus routes, the journey would be roughly 6 miles. By direct route by car, just under 2 miles, by safe walking route between 4-5 miles one way. The difference in driving distance, walking distance and bus route distance concerns me...

If allocated one of those schools, would I be able to appeal on the basis it was an unreasonable decision to allocate there based on the fact that the bus journey is so much further than the car journey?

(Getting all my eggs in the basket and getting the advice in advance, as moving is not an option as I am in social housing)

I assume if it is just under two miles away by car it is also just under two miles away on foot (or does the car route involve a motorway?) - in which case you stand no chance of convincing an appeal panel this is unreasonable - you wouldn't even qualify for free transport for your child at that distance! I understand you can't drive but is there any reason you can't walk?

The general rule is that if the school is more than 2 miles away by road then the LA has to provide transport for the child (but not the parent!). You would appear to be in a bit of a black hole, where you will not qualify for free school transport as it is less than two miles but the public transport to the school is wholely inadequate to get you there sensibly.
I think that you are doing the right thing by bringing this to the attention of everybody and anybody who will listen now, well before you actually have to apply for a school place. In fact I would write to the Director of Childrens Services and pose the question to them of what do you do and see what response you get. You need when the time comes to apply for a school place to again make the point on the application form that you believe you are in a "black hole" for school admissions and then see what happens at allocation time.
Assuming the worst happens and you do get allocated a school which is more than an hour away on public transport and there is no free transport, you need to appeal on the basis that the LA is being unreasonable, especially given that you have given them more than 12 months to come up with an answer. You need to get everything in writing and dated.
If I was on the appeal panel hearing such a case then I would have significant sympathy for your situation and would expect some very good answers from the LA to not lead me to believe that the LA were unreasonable under these specific situation. BUT every panel member is independent and will make their own decision.