school admissions appeals.....HELP!!!!

[drd]

Just a quick query for anyone out there in the know.

I have an appeal hearing next week for school place in a school admitting 25 pupils per class. The net capacity statement I have received from the school indicates that the net capacity is 29.6 per class. They have not detailed how admitting my child will "prejudice efficient use of resources" - they simply said that PAN is 25.

Is this likely to mean that my appeal will be upheld? They haven't sent me a copy of their case, just the net capacity figures that I asked for.

The net capacity should be a total for the school, not per class, although obviously you can multiply by the number of classes to figure out the total.

At the moment I would just assume that the clerk to the appeal will send you the school's case later. You have to get it a reasonable time before the hearing but the latest code, unlike earlier versions, doesn't specify how long that is. The school's case should explain what problems they will face if your child is admitted.

Drd,
I am going to be more pessimistic than PRH and say that I wonder whether you have had the school's case, such as it is, given that you have an appeal within the next week.
With a PAN of 25, that either indicates that you have a school with small classrooms or with only 6 normal size classrooms in the school or it is a school that does not understand the way that admissions work and has set an artificially low PAN for the size of the classrooms.
What you should ask the clerk for is information on the school classrooms in terms of the numbers of them and the size of the classrooms relative to each year group. The net capacity figure you have been given of 29.6 per class is as PRH says not the real figure. What it would suggest is a proper net capacity figure of 207.2 (29.6 x 7) and would indicate to me that you actually have 7 classrooms each capable of taking 29 / 30 pupils.
The question that you need to explore at the appeal is why the school only has a PAN of 25 when the net capacity would indicate classrooms capable of taking 30. I would not assume that you will win our case on that basis because all sorts of other issues may be relevant to the school but they should be in the school's case not presented orally at the appeal.

Intrigued by this as eldest school ha pan of 20!

not overly convinced we get sibling in as within 2miles but not with map boundry area of prime responsability.

so if refused how the heck do I work out the net capacity?

council or school?

reception is stand alone class all other year groups mixed,

just 5classes throughout entire prmary.

which means everone spends 2years on one class and split decided by dob.

The admission authority will tell you the net capacity. If the school is a community school or VC school the admission authority is the LA. If it is an academy, free school or VA school it is its own admission authority.

it is an academy, and they have said that there are 14 classroom, and the net capacity is 417. The building that the academy is housed in was, until this year, a local authority school, and each classroom had 30 children. the 'new' school wants to keep classes smaller for educational reasons, although the school was ofsted outstanding and in the top 3 in the borough. My other 2 children have places at the school, but her year group is full (we have just moved to the areas) .... so is it going to be difficult for the school to argue that there's no room, when they have historically taken 5 more children in each of those very same classrooms, with the very same teachers for the past 40 years?

No, still haven't had the schools case. It's BH on Monday so doubt i'll get it any earlier than Tuesday. I range the clerk to the appeal hearing and she said the school might just make their case on the day at the actual hearing, but I think this is a little unfair as I will obviously find it difficult to counter then if I don't actually know what there case is!

hi admission

No, still haven't had the schools case. It's BH on Monday so doubt i'll get it any earlier than Tuesday. I range the clerk to the appeal hearing and she said the school might just make their case on the day at the actual hearing, but I think this is a little unfair as I will obviously find it difficult to counter then if I don't actually know what there case is!

If they just make their case on the day that is not just unfair. It is a clear breach of the appeals code (paragraph 2.9). If they are allowed to do this and you lose the appeal you would have clear grounds for referring the matter to the LGO. If they try I hope the appeal panel simply refuse to consider their evidence. I would argue strongly that, under paragraph 2.10 of the appeals code, if the school is allowed to submit its case on the day the hearing should be adjourned to a later date once they have done so to allow you and the panel to consider this new evidence.

prh47bridge - I agree it does seem unfair. my problem is that I am so desperate to get a place for September due my family circumstances that I would hate for the appeal to be adjourned to a later date - I'll just have to see what I can find to argue about on the day I suppose. I have written evidence for the stage 2 if the school can prove prejudice, but was hoping that I might win on a technicality to save the stress!

It does seem to me that if the classrooms are big enough for 30 and it is simply the case that they would like to keep classes down to 25, they've got an uphill struggle saying they would be prejudiced by taking one more child or even 5 more. After all, if the previous school could cope with 30, and indeed every other mainstream school copes with 30, why can't they?

This is a good case of a school thinking that because it has become an academy it can do what it likes, it can't, it has to present a case not to admit or expect to suffer the consequence of having to admit further pupils on appeal.
It can talk from now to kingdom come about the wish for each class to only have 25 in it, but the reality is it is a 2 form entry primary school with a net capacity that indicates that each classroom is quite capable of taking 30 pupils.
Yes the school can argue that it has a PAN of 25 and therefore does not want any more pupils in each class but 1) it has previously had 30 in each class 2) is Ofsted outstanding and results are good so cannot argue that reducing class size will improve results.
The appeal panel has to decide whether the school has proved their case that to admit extra pupils would be detrimental to efficient education at the school. That has to be more than just having reached the admission number of 25. You have to ask questions of the school in part 1 of the admission appeal and they should all be directed to the schools representative asking as to what evidence they have to support their claim that it will be detrimental to admit further pupils. You do need to understand that the school's representative is likely to be the head teacher. So questions like how many pupils were in reception last year (60 presumably), are the two reception classes in the same classrooms this year (yes), so why can the classrooms not accommodate 60 pupils like last year. They will undoubtedly say because of the PAN, to which the next question has to be explain how you have a PAN of 50 (for the year group) when the net capacity calculation of 417 would indicate an admission number of 60. Followed by, so the PAN is completely artificial and based on your desire to have smaller classes. etc etc. You should be able to demolish each argument the school put forward, which will hopefully mean the appeal panel will find in your favour at stage 1.
I agree with PRH about the school presenting verbal evidence, it should not be happening and will be good grounds for an appeal to the EFA (as it is an academy). I would make it very clear to the panel that you feel that you are at a real disadvantage by the school not having presented a written case as per paragraph 2.9 of the code. I would actually ask the panel whether under paragraph 2.10 they are prepared to accept a verbal case from the school or whether the case should be based solely on the written evidence submitted. If they say yes they will accept verbal evidence, which they are allowed to, but it does go against 2.9, then the first question I would ask the school's representative is whether they have read the admission appeal code and knew that they had to submit written evidence of the case not to admit. Answering no makes them look idiots, saying yes will make the panel think the school are just taking things for granted here. But hey you are there to win an appeal, so do not be kind to them.

Hi admission

Thanks for the advice - in my grounds for appeal I did mention the net capacity thing and the fact that the school has lower than average SEN and so on, and said that I didn't accept that admitting one extra child would be detrimental, so I suppose they will be expecting me to ask some tough questions. it was also the case that, for political reasons that I won't go into, they actually offered an extra 8 places for reception to pupils who did not meet the entry criteria and were therefor initially rejected, without those parents having to appeal. however, as some people moved away etc, they rae back down to 25 in a class - but I took this as 'evidence' that their PAN is not inviolate - do you think this is a valid argument?

I forgot this was an academy so yes, it is the EFA rather than the LGO if you lose the appeal but I hope it won't come to that.

Turning to the additional pupils admitted, it seems this academy thinks it can play fast and loose with the admissions code. They need to be reminded that they can't. There is certainly one argument here and possible two.

The first argument, as you say, is that as they were willing to offer 58 places against a PAN of 50 they clearly believe it would not be prejudicial to the school to go up to that number.

The second possibility depends on who received these offers. Were they the next 8 on the list? To put it another way, if they hadn't been offered places would they have been at the head of the waiting list based on the admission criteria? If the answer is no the school has broken the rules. They cannot admit a random group of pupils for political reasons. All admissions must be in accordance with their admission critieria. So the next question is whether you should have had one of those places. If so you can argue that the Admission Code has been broken and you have been denied a place as a result.

This will all be academic if the appeal panel decide that they will only consider the school's written evidence. As it seems the school hasn't submitted anything even vaguely resembling a proper case that would result in a very short appeal with the school losing.

If the panel ask you if you would like the hearing adjourned to a later date I would suggest you say no as, due to family circumstances, you need to get this resolved immediately if possible but that you feel you have been seriously disadvantaged by the school's non-compliance and you reserve the right to raise the matter with the EFA should it be necessary.

Academies and free schools do seem to think they are above the law. A friend of mine sat on the admissions appeal panel for a free school recently where they wanted to keep numbers down to 24. However, their website showed that they actually plan to go up to 26 per class. They'd asked the LA to present the case for them but hadn't bothered to brief them on why they said there would be prejudice, just relying on the point that their PAN was 24. So the panel allowed all four appeals because there was simply no evidence of prejudice.

prh47bridge - you make a very good point - I hadn't thought of that - the 8 places were not given to people on the waiting list, they were a group of children who met the criteria for the 'old' school (which was based on catchment area), but didn't meet the criteria for the new school (sibling link followed by distance as the crow flies) but there was such a hoo-ha about it that they decided to admit them anyway. it does seem that they PAN is a movable feast when it suit them, but not when it might suit me!
hennypops - I know this school is adamant that they want 25, and have no intention of changing the PAN upwards. I think part of their argument may well be that net capacity figures don't apply to academies, as someone did mention to me (not from the school) that the PAN is set as part of the funding agreement, but seeing as when I asked what the net capacity was and they have told me in writing (via email), it might be hard for them to put that particular genie back in the bottle? I suppose I am worried that if net capacity doesn't apply to academies I might well be barking up the wrong tree at the appeal ...and not having their case yet makes this all the harder to predict what will happen next week....!

An academy doesn't have to set a net capacity and the PAN is not set as part of the funding agreement. However, the funding agreement specifies a planned capacity. Of course, any convertor academy will have had an official net capacity while it was a maintained school.

prh47bridge - so can I still talk about the net capacity as being in force even though academies don't actually have them as such? Also, am I right in thinking that if the funding agreement specifies 50 PAN, that they were right to only offer 50 places, but that they would get extra money for pupils who get in on appeal? Can the appeal panel really disregard the PAN/funding agreement if they don't accept that prejudice is proved, or will it definitely go to stage 2 in this case?

They have given a net capacity figure so you can talk about it. It may well be the planned capacity figure in their funding agreement. Even if the school wants to argue that it doesn't have a net capacity, a properly trained appeal panel will know what size of classroom is needed for 30 pupils so can work it out for themselves.

The funding agreement does not specify PAN. PAN is set by the school based on the capacity. The school should generally only offer the number of places specified by PAN. They can go over PAN in some circumstances but must admit any additional children based only on the admission criteria. From what you say they definitely broke the rules when they admitted the additional 8 children (I am assuming they were not admitted via appeals). Admitting more wasn't a problem but choosing them for political reasons was wrong.

The school's funding is dependent on the number of pupils on the roll so yes, they do receive additional funding for pupils admitted on appeal.

Yes the panel can disregard the PAN and any capacity figure stated in the funding agreement if they don't think prejudice is proved.

You should be prepared for the hearing to go to stage 2. In my experience very few appeal panels take a break after stage 1 to decide whether or not to proceed. Normally, if it is not a grouped appeal (i.e. a number of parents appealing for the same school who are all together for stage 1), the panel will go through the full hearing then make their decision. They may still decide that the school failed to prove its case in stage 1 and award a place on that basis.

Does anyone know where I can find a definitive statement that the school cannot simply rely on PAN at the appeal but have to give specific evidence of prejudice? I know I've seen it somewhere in the reams I've read over the last few days but I can't seem to locate it now I'm writing up my notes. is it a legal requirement, or just something that they 'ought' to do??

It is laid down in the Appeals Code. Paragraph 3.10 says, "Whilst the panel must take into account the school?s published admission number, the admission authority must be able to demonstrate prejudice over and above the fact that the published admission number has already been reached".

DRD,
What the school will argue over the extra pupils is that the timing of becoming an academy was such that whilst the admission criteria was changed there had been an expectation from these 8 parents that their children were in catchment and therefore get priority and a place at the school. As such they have made an exception for these pupils and admitted over PAN. I don't think that it is easy to argue against this being reasonable for the first year of being an Academy, so I would not do so. However as PRH says the fact is that they have not admitted according to the admission priority, unless the 8 were the first eight on the admission criteria order waiting list. It could well be depending on your circumstances that you were in the first 8 on the waiting list at the point where these 8 were admitted. If you were then you have been disadvantaged and should be given a place by the appeal panel.
For information, when it comes to what academies can and cannot do, paragraph 4 of the introductory statutory basis for the admissions code says that academies are required by their funding agreements to comply with the admission code and the law relating to admissions. They cannot make the rules up as they want. However whilst they are required to set a PAN, there is no mention of net capacity of any school in the 2012 admission code. The net capacity calculation guidance was introduced in 2002 (DfES/0739/2001 REV) and specifically says that it does not relate to Academies, only maintained schools. The other thing to note is whilst it is called the funding agreement for Academies, it is actually a much wider ranging document than just about funding, it is the basis for the school existing and how it will operate. The funding an Academy receives is dictated by the funding formula agreement of the Local Authority in which it is based, not a nationally agreed figure.
Having said that most appeal panels would find it quite difficult to accept that a school that was a 2 form entry primary school last year, with a net capacity of 417, suddenly on becoming an Academy changes to a lower net capacity and PAN unless there has been a material change in accommodation. I would therefore slip into your questioning during stage 1 a question about whether there has been any material change in accommodation in the last 12 months. Assuming the answer is no you can then ask the school's representative to explain why the school cannot take one extra pupil when there are clearly 10 available spaces based on the size of the two classrooms for reception children and based on the fact that the school has already admitted 8 over the PAN.

brilliant - thanks everyone - you've been really helpful and I'm so grateful for all your advice. I'll let you know how it goes on Thursday - fingers crossed!

hello everyone,i just want to know that my child is going in primary school,now we have shifted to another area and in different council as well. where my child is currently going is far away from my places.i have also applied for schools near to my place but no place available now. so my child is on waiting list , shall i go for appeal and what reasons should i give to make my case strong .please help me .
thanks everyone .

If you moved during the summer holidays that will have slowed things down a bit.

Remind your current LA that they are required to come up with a place for your child. If you have been waiting a while mention the Fair Access Protocol - they have to have one of these and it defines how they find a place for someone moving into the area when there are no places within a reasonable distance. If they still fail to come up with a place it is time to appeal for your preferred schools on the basis that the LA has acted unreasonably in failing to come up with a place for your child.

I won!! Thanks for everyone for all your help and support - my little angel will be starting on the first day of term.