Primary appeals help needed

[GracieC]

Hi,

I know there are some really well informed people on here and I was hoping someone could help.

The situation is that DD didn't get into our first choice primary and she is the only one on the waiting list. We have appealed but as it's an Infant Class Size appeal we weren't too hopeful. But, the headteacher has told us that he would be prepared to take DD even though it goes over the limit and the school would not be contesting our appeal. He had spoken to the admissions authority and told them this and they had said that we (the parents) probably wouldn't need to attend the hearing as the panel would be very unlikely to go against the wishes of the school.

My question is, can I really start getting my hopes up or will the panel just say that the class is full, there are no mistakes so tough?

Thanks.

Back again! I just received the appeal paperwork and it says that the LA cannot, after discussion with HT argue prejudice. Is this good news? The LA is the admission authority.
Thanks

I am very concerned about an LA effectively offering no evidence in an ICS case. That is not the way it should work. Whatever the school thinks the LA should be opposing the appeal on ICS grounds. It makes more sense if it is not ICS.

Having said that, if the LA is really not offering any evidence your appeal should be successful.

This is a complete waste of everybodies time if they are literally going to offer no evidence. If the LA is not offering any evidence then the panel has nothing to make a decision based on and therefore has no alternative but to admit, which is what the LA could do now on the pretext there is no other available school.

But there is a legal requirement on the panel not to admit above 30 in an infant class size case. I wonder whether what they really mean is that the LA is simply going to say that the year group is at 30 and leave it to the panel. That is both unfair on the panel and the parent because the panel will need to consider the consequences of admission. To me I am not sure that any of the reasons to allow a successful appeal in an ICS case are appropriate in your case. The LA and the school are just lining up the panel as the bad guys who will turn down the appeal, rather than do what they should be doing.

It says "it has been agreed that the school has sufficient staffing and accommodation for the admission of further pupils above the admission number while still complying with the ICS legislation."

So seems to me that they are not saying it is an ICS appeal. Am I wrong?

Is it possible that current YR is less than 30, and so next year they will have a full YR and effectively a mixed YR/Y1, and that is the way they are getting round ICS (and presumably PAN)?
Would that be allowed? I have no idea, just a thought.

Could be. This year's reception is under pan. Fingers crossed anyway.

I am thoroughly confused. The LA should either cancel the appeal and admit your daughter or put up a case as to why she should not be admitted. What they are doing is simply unacceptable although it clearly helps you.

Whilst this year's reception is currently below PAN the appeal panel should work on the basis that it may fill up to PAN at some point in future. If that happens the admission of your child would normally cause the ICS limit to be breached. Since the school has no option but to admit up to PAN in the current reception the breach would be caused by admitting your child. This is known as future class size prejudice.

If I were on the appeal panel I would want a full explanation as to how the school intended to comply with ICS legislation. But I have no idea what your panel will make of it.

Hi Prh47bridge

I am the person with twins that was offered a place directly by the school for only one twin and not the other.. the application was made late by myself for several v good reasons. My eldest son attends the school in yr 5. My LA has just received the CAF the school is VA RC school and has had the SIF for over a month. The head as you very rightly suspected has not been helpful giving me the reason that although the group consists of 30 pupils there will be a SEN pupil with an assistant.. which sounds like a poor excuse she was also as you rightly stated not aware of the twin 'excepted' ruling but that obviously hasn't bothered her. Obviously my main worry now is that it is so late that an appeal which i believe could be successful will probably not happen until Oct /Nov (I'm guessing). Any advice would be much appreciated.. esp on how long I should wait to be infomed by my LA and how to appeal and or push the process forward to ensure both twins start this September. I know it sounds like I am asking for the impossible.

THE ONLY DOCUMENT I HAVE FROM THE SCHOOL CONCERNING THIS ISSUE IS THE DEFINITE OFFER OF A PLACE FOR ONLY ONE TWIN

I do not believe that there is any way that you will get an appeal arranged now before September unless you are very lucky and can piggyback an appeal which is already in progress for the same school.
The LA should only be taking about a week to process your application, confirm with the school that the school is full to the PAN and then get back to you.Then you can appeal.
I would make sure that the LA are very much aware that this an application for a twin and one has been admitted and the other not. Hopefully somebody will spot the issue before it gets very far and advise the school.

Thanks admission. I have written to the LA to urgently contact me with the CAF results. They have a detailed letter where i have fully explained my situation. I call them to see what my chances are of sorting this out.

Just received great news. We were offered another place for our second twin all confirmed all documents received and no need for an appeal

I want to thanks all of you especially prh47bridge and admissions advice during my period of not knowing. You gave me strength get through it all.
Huge thanks

Excellent news. Glad this has been sorted for you.

I could not have got through this without you and Mumsnet... what a great resource.

It is good that someone in the LA took the time to understand that here was an issue here and that they have sorted it. Good news.