Moving house may have to appeal Infant class size - excepted children???

[alabasium]

Hi all - any help you could provide would be most welcome.
We have been trying to move to where we want to live since Jan! As you will appreciate, buying and selling currently is a nightmare and we lost a buyer very close to exchange, earlier in the year.
Our child is due to start in Reception in September. We know the address we will be moving to and have sent paperwork to the relevant Admissions Dept. However, we have not exchanged as yet so cannot do anything else and nor can they, of course. We are in the catchment for an over subscribed school but we would like our child to go there for a number of reasons linked to her needs.
My question is this, without giving too much information away, our child is adopted. New admissions guidance came into force in February 2012 giving priority (the same as looked after children) to children who are adopted BUT does not apply until the NEXT admissions round -a bureaucratic time frame to get the systems sorted. I don't particularly want a string justifying why children who are adopted should have priority, just to say that children who have experienced neglect and abuse deserve an extra helping hand as their starts have been abysmal.
Anyhow, I have a sneaky feeling we may have to go to appeal and I want to be as prepared as possible. We have submitted our reasoning as to why this school meets our child's needs so well, and our social worker also wrote a letter describing what our child needs (they cannot comment on actual schools, particularly as it's in a different part of the UK and they would not know this school anyway).
Any advice? DOES this guidance apply now, given we seem to be falling between the two stools of the admissions rounds (because we're moving)? Is there any information we can be gathering etc so we can be fully prepared. What might our chances be? I have read a couple of other threads where the information shared has looked invaluable. I would be so grateful as we are finding this mega stressful as we cannot prepare our child for anything (as we don't know when we will move, or her future school). We're moving to be nearer our family and friends and it's a shame it didn't all go through that bit earlier, but c'est la vie! Thanks for any support or advice anyone could offer.

The first thing to say is that the 2012 admission code comes into force for the September 2013 entry into school. However as the process for admission in SEptember 2013 starts in September 2012, when parents are invited to nominate preferences, I would say that the new definition of looked after children also starts 1st September if not before.
However you are saying that it refers to adopted children. It is a bit more complicated than that, it is adopted children that were looked after at such stage prior to adoption or became the subject of a residence order or a special guardianship order. So you do need to ensure that you do fit the criteria. As Tiggytape says the new definition means that you will be considered and given the highest priority in any admission criteria. That will more or less guarantee you a place at the normal admission round.
When it comes to an admission outside of the normal admission round, it is slightly more complicated. Schools have to admit up to their published admission number under normal circumstances. Over and above this number the admission authority can refuse to admit and then you would have to go to appeal. Interestingly in paragraph 2.15 of the new code which is about excepted pupils under the infant class size regs, it specifically says that looked after children or previously looked after children admitted outside the normal admissions round are excepted pupils, with an assumption they will be admitted. Paragraph 3.19 confirms that the LA has the power under the SSFA 1998 to direct the admission authority for any maintained school in England to admit a child who is looked after, even when the school is full, so that would presumably cover you for any circumstances where the infant class size regs do not pertain. In theory the admission authority can object to the schools adjudicator but it would be a very brave school that did that.
I think that the bottom line is make sure you do not do anything till after 1st September regarding formally asking for a school place at the new address.
After that my reading of the regs would be that providing you meet the criteria, your child will be considered as looked after and as an excepted pupil. If the LA for some reason do not direct admission, then you go to appeal and argue that the LA are being unreasonable, especially if it is the local catchment school. This is normally a high threshold to meet this requirement but in the circumstances you describe I would suspect that as an appeal panel member I would admit unless there were some very special circumstances around the school or your child (twice permanently excluded being one such circumstance). However every panel is different, so it would not be wise to assume success until you have an offer of a place in writing in your hands.

Hi - thanks for the helpful responses. Our child does fit the correct category of adoption (not a step child adoption for example) and she would be 'adopted', not 'looked after' as she is no longer fostered, but adopted. I think the issue is whether the regs apply to a child starting in Sept 2012, but rather unusually is applying for a school place in Sept 2012 (when regs came into force in Feb 2012). I will bear in mind the formal asking after 01.09.12. It is our local school we are seeking a place at. It's so stressful! Children who have experienced traumatic separations need smooth transitions and this is proving to be anything but, but we are trying : )