What reasons could I give to make appeal for Y3 place?

[easton]

I have 2 dc, one currently in year 2 and the other starting reception in Sept.

We are moving house in a few weeks, it is only about 8 miles but it is into a different county and in a different secondary school catchment to where we are at the moment.

DC2 has been offered a place in reception but DC1 has been refused a place on the grounds that there are already 30 children in the class.

I would have to drive Dc1 back to his current school, from September. This will be a pain and will involve paying childminders to drop him off while I drive back to the new school with dc2 but i think it just about do able

He is on the waiting list so a place may come up over the summer but we are considering appealing for a place. I know that Y3 would not be subject to infant class size rules.

Can anyone think of whether we would have any grounds for appeal or do I have to just wait it out the waiting list.

Thanks

This would be an ICS case which means you should only win if you can show that a mistake has been made. For an in year admission that is unlikely. However, as you say, that changes when we get to Y3. I would therefore try appealing and making it clear that you want the place from September. By the time the appeal is held it probably won't be possible to get him into the school before September anyway. You can then argue that your child will be disadvantaged by not going to this school. Remember it has got to be about problems for your child, so stuff about transport and childcare difficulties doesn't help. You therefore need to identify reasons why he will be disadvantaged.

Has the county offered you any other school or have they simply assumed that you will keep your child at the current school? If they can't come up with a nearer school they must provide free transport to and from school if you want it.

I would also check how they apply the sibling rule. In some LEAs the sibling rule will apply to dc1 from September when dc2 starts reception. However this is not true of all LEAs (in some it only applies for the younger child) but it is definitely worth finding this out.

Grounds for appeal could be becoming part of his new community (8 miles is quite some distance). You can also stress any special facilities at the new school that the current (or other offered ones) don't offer eg. Chess club, Rugby club, Lessons in a certain instrument etc.

They should certainly be offering you a new school, and if its more than 2 miles, transport to get there (3 after age 8).