Primary School Appeal

[AnnabelleOC]

HELP!!!!! My husband is in the Armed Forces and we are moving back to the UK on a very short notice posting (1st August), we have done the schools admissions and our daughter has been accepted into Reception class at our first choice school, however we put our son (who would start year 3) down for the same school and he has been refused a place as the class is full. We are hoping that we might get him in on appeal based on the fact that he is disadvantaged due to the fact we had no option of applying when everyone else did and that he has a sibling at the school. Also we know that the max no. of pupils for the year is 64 (56+8 extra), we feel that these extra 8 alloted pupils have been allocated too early to give us a fair chance of getting in.

We also feel that due to having to move regularly it is very important that the children stay together seeing as they have to leave and make new friends every couple of years.

Lastly as my husband is away from home for extended periods we are in effect a one parent family a lot of the time.

Can anyone tell me if I have a good enough case for appeal, or if there is anything else i can add.

Thanks in advance

What can they do? They are explicitly permitted to add a further child to a class, and they must take the needs of the children into consideration. They also must have a policy which which shows how they remove disadvantage to Services children.

So depending on how the admissions number of 56+8 has been arrived at, and the timing of OP's application (if they, for example broke the Code by refusing an application until actual move, rather than taking it, as they should, on valid notification of new address) then there is scope to use the provision for an additional pupil.

OK, so in "normal" appeals, I've read on here that the panel won't consider allegations that the allocated school is rubbish (however one wants to dress that up). So how can they therefore acknowledge that, say, this case, the school the OP has been offered is unacceptable/under-performing and her children would be disadvantaged in going there? If they agree it's unacceptable for her children, how can they justify allocating it to others?

(I appreciate this query isn't strictly relevant to the OP's question, I'm just curious)

The Admissions Code 2012 discusses children of UK armed services at para 2.18. (On a very quick skim, I can't find any similar provision in the 2009 version of the Code). Fair Access Protocols are at para 3.19 of the 2012 Code and para 3.10 says

The operation of Fair Access Protocols is outside the arrangements of co-ordination and is triggered when a parent of an eligible child has not secured a school place under in-year admission procedures.

I think this is a very grey area. The Code's status is unclear to me (and other appeal experts on MN) - it says it takes effect immediately, but also that it applies to September 2013 entry to school. So, the first area of doubt is whether the OP can rely on these parts of the Code. The second area of doubt is whether the FAP will apply to OP given that, as the Code says, it applies where parents have not secured a place and the LEA has offered places at two schools. Thirdly, it isn't spelt out what sorts of things the LEA can or must do to "support the Government?s commitment to removing disadvantage for service children". It's too soon for there to be any case law about this and it would be useful to know what CEAS think.

Clam - I'm curious about this too and am hoping some of the other admissions experts will be along soon.

We discussed this with CEAS, and they said as long as the LEa's offer was reasonable then that was deemed sufficient. We managed to get 2 of our 3 children in same school, and the third child is in a school 2 miles away, but top of reserve list.
That seemed reasonable to me

I think the 2009/10 code is what is currently in force for in-year applications and UK service personnel is covered under paragraph 3.27. I am afraid it is not very helpful other than confirming that LAs must ensure that the needs of the children of these families are taken into consideration.
Locally we do have service personnel and when they come to appeal they are always accompanied by some one acting in a liaison capacity. Given this school is apparently just at PAN of 64 for year 3, I would have thought most appeal panels would be sympathetic to such an appeal, but the LA is bound by law to oppose any such application as it is going above PAN

Admission - I tend to think it's the 2009 Code too, but it's that bit in the new Code about "immediate effect" that leaves me with a small lingering doubt. If I had used better search terms I would have found para 3.27.

I agree that appeal panels are likely to be sympathetic.

Kilmuir's experience and the view of CEAS then is interesting.

It's not that we think that the school we have been offered where the children will be together is rubbish, we don't, it's not brilliant but possibly improving. However we feel that a certain school can offer my son some elements that some other schools cannot and the school we want has established this in their prospectus.