In need of ICS appeal help

[twolittlemonkeys]

We have just received our letter to say our infant class size appeal is on 16th July.

In short, DS2 (4yo) has been refused a place at DS1's (6yo) school. DS1 has SEN (ASD) and has been thriving at this school following a previous failed school placement which was very traumatic for him Because of this, moving him in order that both boys can attend the same school is out of the question. Equally, I cannot be at 2 infant schools at the same time. We are out of catchment, because DS1 was moved part way through the year and there weren't any suitable schools with spaces closer.

The 30 places allocated are as follows
1 child in care
28 in catchment
1 out of catchment sibling who lives closer than we do to school.

Whilst I don't dispute that they have applied their criteria correctly, do I have a case to argue that if they had taken into consideration the circumstances of out of catchment children/ their siblings already in the school, my DS2 would have been given higher priority than the other out of catchment sibling who has been offered a place? I know the sibling who is currently in the school - very socially aware, finds it easy to form friendships/adapt - unlike my autistic DS1 who really struggles.

I am chasing up various professionals who have worked with DS1 - paed/ ed psych/ autism outreach worker/ S&L Therapist to see if they can write short statements in support as they are aware of his difficult start to school and how well he has settled and calmed down since moving to this school. I can't move DS1, and even if I could be at 2 schools a 10-min drive apart for drop off/ pick up, I am certain all the extra gallivanting round the countryside in the mornings will upset DS1 - who needs his routine/ time to prepare for school day etc.

Am I going to stand a chance at this appeal? Are there any angles I can approach it from which are likely to make the appeal panel respond more favourably to our case?

Although it's not relevant to our appeal as we are out of catchment, the LEA have clearly failed to plan for an increase in demand for spaces as a new development of 305 family sized homes is currently being built in the catchment area - some of the houses already have people living there, even though it looks like a building site atm.

Would be so grateful for any help or advice on this from people who have done an ICS appeal.

Your suggestion that they should take into account circumstances of out of catchment children and their siblings amounts to asking the appeal panel to rewrite the admission criteria. They aren't allowed to do that. Unless the admission criteria are contrary to the admission code (very rare and it does not sound like there is any problem with these), they have to work with the criteria as they stand. As you admit they have been applied correctly, your chances of winning an appeal are, I'm afraid, small.

I understand the problems with having two children at different schools having been in that situation myself. Unfortunately that is not something appeal panels can consider. Parents are expected to cope.

You should still give it your best shot. You never know what may come out during the hearing. And you may get a sympathetic panel willing to bend the rules for you. But on the information you have given I would say that your best chance is getting a place through the waiting list. Sorry.

Yes, if DS2 doesn't get a place I can keep him in nursery for another term (though he is not required to be in school until Easter). We are currently number 3 on the waiting list

1. Late catchment
2. Another out of catchment with sibling in school - this mum plans to withdraw eldest child from Yr 5 and send both to a different school
3. Us
4. Out of catchment, no sibling

We know that there are 2 appeals taking place for the school - I assume the other one is the out of catchment with sibling as the late catchment one will probably be offered a place outside the normal admissions round.

Thanks prh47bridge - I suspected my chances at appeal would be slim. My plan is as tiggytape suggested - keep him in kindergarten til Christmas. Then HEd until a place becomes available. I just spoke to DS1's Autism Outreach worker this morning (have left messages for other health professionals who work with him, hoping to get their backing regarding the impact of moving DS1 or having to drop him late every day after taking DS2 to a different school)

We are looking round some houses in catchment this afternoon though we can't really afford to move and are only likely to put our house on the market if things get desperate, ie nothing seems to be changing by October half term or so. They seem to allow children who move into catchment during the year to have a place as exceptions to the ICS of 30 rule. DS1's class increased from 31 to 35 during the course of this past year. (He's currently in yr 1) so I assume if we moved into catchment they would admit DS2.

They should not give places to children who move into catchment if it breaches class size rules unless the family is moving into the area (not moving within the area), there are no places available within a reasonable distance (up to an hours journey each way) and the local school is the one best able to handle additional children. In that situation the Fair Access Protocol kicks in and allows them to allocate a place at a school that is already full, even if it breaks the ICS limit. The additional child is "excepted", which means they don't count towards the limit until the next academic year, at which point they must employ additional teachers if they are still over the ICS limit.

If they admit your son just because you move into catchment they will be breaking the law. Moving into catchment will move you up the waiting list but that is the only effect it should have.