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Junior school appeal, they messed up our application process, do I have a case?

9 replies

3littlebadgers · 12/07/2013 22:14

Do I have a case for a school appeal? I will try and keep everything as fact base as possible so I don?t waffle on for ages but I am pulling my hair out with the stress of it all and soon will move on to DH?s hair and he has precious little of it left as it is! Wink

Basically we are a forces family moving into an area. We received our MOD address in March but were informed that as we were moving in from overseas we weren?t entitled to register for school places until we were living at the address. Only through talking to another family moving over from and too the same place, who had applied, did we find out that this was wrong. I immediately contacted the applications services people and we applied at the end of April which was after the closing date for applications. We went in as Late applications (the shame of it all I?ve never been late for anything in my life) Blush

Our youngest two children were eventually given our third choice school which I was grateful enough with so immediately changed my eldest child?s first choice to the same school. We were told he was 34th on the waiting list due to class numbers and as soon as first two start in September he would move to first place as at that point it was going off distance alone. At present his year group are year 2 but in September when he will need to start he will be year 3 (he has completed the full school year in the country we are coming from). So as far as I am aware class size rule is not as restrictive. Is this right?

My eldest is under a great deal of emotional stress leaving his class friends and teacher and life overseas and is very much grieving their loss and while I tell him the class he is going into is full he still is very distressed at the idea of being split up from his siblings and not having a clue where, if at all he will be placed. His nights are very restless and I have real concerns about his emotional wellbeing. Sad

I have been in frequent contact both on the phone and by email to the education services team and each time I have reminded them to contact me on either my email or at my parent?s address and now I have just read and email sent today to say that my son was offered a place at a different school on the 4th of June! However they sent the correspondence to our new address which we have no access to until later this month. Angry The most upsetting part is that I would have gladly accepted the place (despite the difficulties of the school run split between the schools) if nothing, but to easy the worries of my child.

If you got this far thank you, if anyone can offer advice, support stories from experience it would be very much appreciated.

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tiredbutnotweary · 12/07/2013 23:04

I think you are right about the flexibility being greater from KS2 - it sounds like you've had some shoddy treatment here - have you tried putting the ball back to them and asking them how they can help resolve the situation? They should not have posted the information to your home (I'm assuming you told them when you'd be back in the UK). This is maladministraion (ex complaint investigator here) & they have a responsibility to try and fix it (whether they accept this is a different matter.

You may be able to complain straight to the Local Government Ombudsman, who (for school admission complaints at least) can have a quick turn around. It's worth giving them a call at least and speaking to one of their advisors.

Best of luck Flowers

tiredbutnotweary · 12/07/2013 23:06

Sorry I should add I'm not sure about the school appeal route if the fault lay with the Local Authority - maybe, but hopefully someone with experience in that area can help!

3littlebadgers · 12/07/2013 23:13

tiredbutnotweary thank you so much, you have given me a bit of hope, I just feel rotten for my son. I can see the effect it is having on him and it is breaking my heart. He was so happy before all of this.

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LittleRedDinosaur · 12/07/2013 23:19

Not 100% sure but I thought you got special consideration when you were a forces family. Maybe try AFF? (If you're army!) Am sure they will be able to advise

tethersend · 12/07/2013 23:25

Some useful guidelines here.

Nicknamegrief · 12/07/2013 23:37

Yes they have messed up.

For a start the posting order counts as your new address. You do not have to wait until you are living in the country or have your quarter address.

It's a nightmare, I am an army wife and find the school 'hunt' unrelenting. If you can speak to the school in question. We had to go to appeal in our last move and the school were the most supportive body. For us it ended very happily and was worth the fight.

Contact CEAS. While they were useless in our case other people I know have found them very helpful.

As others have said do complain about the way this has been handled.

Good luck.

tiredbutnotweary · 12/07/2013 23:45

Perhaps he needs more reassurance that whatever happens he'll be ok - he'll have his family ... what I mean is, perhaps focus on the constants in his life, despite all the changes, maybe setting him up to start a favourite hobby outside of school too? Sorry if this is stepping into 'teaching a grandmother to suck eggs' territory I just wonder if this huge sense of guilt you are carrying is getting in the way of showing your DS that when life deals us a shi**y card it's possible to pull together as a family and that uncertainty and change can bring opportunities too.

Would it help to do a sort of project together researching the area you're moving to and discovering places to go and visit, that will be his new fun haunts? How is he going to be saying goodbye to his friends - could his current school pull together a sort of leaving book with messages from his friends and contact addresses so he can stay in touch? Sorry I might be going way off here - I just can't help empathising with your families situation and that leads me to want to make lots of suggestions Blush

prh47bridge · 12/07/2013 23:48

This has been handled badly. Picking through this...

The LA should have accepted your new address in March. However you would still have been a late applicant so that doesn't help you much.

Your oldest would move up the waiting list in September because he will have siblings at the school.

There is no limit on class sizes in Y3 or above. The school is still supposed to stick to the admission number but it does make it a little easier to win an appeal, although once there are 33 or 34 in a class most appeal panels would take a lot of persuading to admit any more.

Have they taken away the offer of a place that they sent to the wrong address? If so that looks like clear maladministration to me which means they should reinstate the offer, although they may insist you go to appeal. If they sent the offer to the wrong address then withdrew it due to lack of response you have a good case for an appeal.

Also the LA must come up with a place for your oldest somewhere. They cannot leave him without a place. If they continue to drag their feet remind them that their Fair Access Protocol is supposed to apply in this kind of situation to ensure that your oldest gets a place.

3littlebadgers · 14/07/2013 12:06

Thank you all, I will contact the admissions team on Monday and see if they are willing to help rectify the situation. If not I'll make an appeal and contact the ombudsman if needs be.

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