arguing balance of prejudice for PAN appeal

[robonn]

hi there, our 5 y/o daughter has been badly bullied in Year R so we're trying to change schools from Sep. This has been going on since October, with umpteen meetings with the head, but the bullying continued to get worse and still they wouldn't admit there was a problem (or even use the 'b' word). So we took her out of school in March and now we're at our wits end.

Naturally the school that's the best for her is full so we're appealing. It's not an infant class size appeal as the class size is currently at PAN (27).

So as we understand it, we have have to convince the appeal panel that the prejudice to our daughter would be greater if the appeal fails than to the school if it's upheld.

I wonder if anyone has any advice about how to unpick the sorts of arguments schools typically use in these types of 'balance of prejudice' appeals please?

It's a small school and an old building, so we're sure they'll be arguing about space. But we know they've been over PAN before so are trying hard to keep hoping.

Thanks a million x.

More details are needed, ideally including the school's case, to give full advice. But if they have been over PAN before that is something you can bring up as it suggests they can cope with more than 27 children in a year. If they talk about overcrowding you should ask if they have had any accidents directly attributable to overcrowding. The answer will almost certainly be no.

Until you get the school's case you should concentrate on making your case as strong as possible. If you have evidence of the bullying and the school's failure to deal with it you should submit that as part of your case.

Oh, and it is also worth finding out the school's official net capacity (probably 189 but worth checking) and the current number of pupils on the roll. If they are below capacity that helps. You should also ask about the calculated capacity. That is two figures and the official net capacity will be set somewhere between them. If it is set towards the bottom of the range that helps.

thanks prh47bridge, will hold fire until I receive their case. And thanks for the info on capacities (saw your post here explaining too www.mumsnet.com/Talk/primary/999351-School-Appeal-Net-Capacity-blinded-by-numbers-please-help/AllOnOnePage).

regards the bullying, it's because of the lack of 'evidence' that we ended up taking her out of school. It was a total farce. Same white-wash for our formal level 3 complaint "there's no evidence of your claim that we didn't take it seriously". You couldn't make it up. Totally ignored doctor's letters, local mental health services and, most worryingly, the accounts of us and our dd.

They have offered us a place elsewhere, but i have a back problem (again with dr's letter) that prevents me walking the 4 miles a day or driving. Although I've been told getting to/from school isn't something the panel can take into account...?

So the case for us feels pretty thin... it is about why the appeal school (50yds away) is right for dd - i.e. she has friends there, great Ofsted report for caring/safety, I can take/collect her - vs. why the offered school is wrong - i.e. we'd need to use breakfast / after school clubs every day so dh can drop-off (if he doesn't get fired first for bunking off) which isn't right given what she's been through, patchy behavioural record, no friends there and impractical to do play dates etc.

All thoughts much appreciated! x

You need to get as much written evidence as possible about the bullying to present to the panel. Panels hear cases alleging bullying all the time, it is so easy to say the kid is being bullied, so panels now tend to what to see some clear evidence of you as parents trying to get the school to do something and preferably the school ignoring or saying "no evidence" as a response. Then the panel is far more likely to take the claim seriously.
At the first stage the LA is arguing that the school is full and cannot take any more pupils. 27 is a curious and silly number for admission as it is so close to 30. The panel has to decide whether the school is full and will probably do so unless the school's case is very weak. As PRH says, you need to see what it actually says. If you can knock a few holes in the argument in part 1, then when it comes to you personal reasons in part 2 and they are very strong it gives you a good chance of success but you need that evidence that the school has ignored the bullying allegations.

Are there other schools within walking distance which have places?

Are you saying the allocated school is four miles away, or there would be four miles travelling for you (i.e. 4 x one mile)? Because I wouldn't say that one mile away would cause a problem for playdates.

Out of interest, and recognising it may not be relevant to your current appeal, but did you originally apply to your preferred school for a reception place and were unsuccessful then? I'm just curious that you have a school 50 yards from you but your dd didn't attend this when she started reception.