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Appeal for primary school place - help please.

16 replies

Icecreamsmiles · 04/10/2013 23:44

I would be grateful for ideas & information with how to go about appealing for a place at our local primary school for my son.

After moving house over summer, we find ourselves in an interesting situation. After much stress and misinformation, my 4 year old and my 6 year old have gained places at different primary schools. We now live in a dual catchment area; we are in catchment for both schools.

Obviously, the school run is a logistical nightmare (I have 5 children - one at secondary school, 2 in separate primaries, one attending preschool at the same school as my 4 year old and one baby), so I want my children all in the same primary school.

We moved house in the first week of August. Over the summer holiday, we had a real battle to prove our change in address to our local admissions authority. They would accept ONLY a child benefit letter as proof of our children's address, and refused to accept any other form of proof. Eventually, at the end of August, I finally managed to negotiate that they would accept a solicitor's letter of completion and a signed tenancy agreement for our old house as temporary proof of our new address, pending receipt of the CB forms, so that we at least had a fighting chance of gaining school places during the first week of term.

Shortly before the house move, we successfully gained a nursery place for our 3 year old at the local catchment school which actually has a nursery (the other does not).

The authorities told us that there were no spaces in Y2 in either of our catchment schools. We were told there were no spaces in Rec in one of the schools, but there were places in Rec in the other. We were, however, unable to gain places for either child at either school because of the issue over our change of address, so both children were still enrolled at a primary school 10 miles away on the first day of term.

The day before term started, we contacted both head teachers. The local school where our 3yo attends nursery told us they had no places, but to check again on the first day of term just in case somebody didn't turn up. The head teacher of the other school told us she MAY have places for both children, but she would confirm this at the end of the week. On the first day of term, the head of the school where my son goes to nursery told me that somebody had dropped out of reception, and that she would check with school admissions if my 4yo could have the place. This was verified by admissions and so my 4yo started the following day. That Friday, the head of the other school phoned to tell me that there were places for both my 4yo and my 6yo at her school. I initially very apologetically refused the places, as I wanted my 3 children to be together in the same setting, particularly after the upheaval of moving house, away from friends and family to a place where we know no one. I did not think that dropping off and picking up from 2 different primary schools was feasible (particularly with a baby!), so I thought I would home tutor my 6yo until he gained a place at the same school as the other 2. After a few days (and frightening outbursts from a scared, hurt 6yo who did not understand why he was not allowed to go to school), I realised that home tutoring would not suit my usually happy, sociable child, and took up the school place I'd declined at the other primary. School admissions assured me that this would not affect my appeal.

And now to the appeal.

Both schools have a PAN of 25. There are currently 28 in the Y2 class we are appealing to get my 6yo in. There are 30 in my 4yo's reception class.

The authority argues that the school classrooms and building are not big enough to admit my 6yo, he would contribute to overcrowding and it would compromise the education of the other children. There are 7 classes and 7 teachers. We have details of overall space and classroom sizes. The school completed alterations over the summer to expand the classroom which was an issue, and have applied for the PAN to be increased to 28. Unofficially, I know the head wants it to be 30, and is in favour of my son gaining a place in y2, but is not allowed to support our case.

The authority has stated that we declined places at my 6yo's school before we took the place in rec at the other school and we have sibling preference only because of this (I do not like how this makes us appear dishonest). It also argues that an error was made in admitting our 4yo, that there are spaces at my 6yo's school. They also think there is a preschool there (which there isn't). They said the fact that my 6yo has a place at the other school wouldn't affect our appeal, yet they are using it to argue against allocating a place in y2 at the school we are appealing for!

I'd be very grateful for any useful input please.

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prh47bridge · 05/10/2013 00:00

I don't understand on what basis they are saying that an error was made in admitting your 4yo. You applied to the school and they had a place available. The fact that the other school also had a place is not relevant.

In what way are they using the fact your 6yo has a place to argue against your appeal?

I am also puzzled that they refused to accept your application until you could produce a child benefit letter. Most LAs will accept other evidence of a change of address. Which LA are we talking about? Feel free to PM me if you don't want to post the information publicly.

Given a PAN of 25 this is not an infant class size appeal. You can therefore win by showing that your 6yo's need to go to this school outweighs any problems the school will face through having an additional pupil. You can use the fact the school wants to increase PAN as evidence that the school believes it can cope with more pupils. You also need to explain why your 6yo needs this school.

In your post the main argument you seem to put forward is the transport difficulties you face. I'm afraid the appeal panel isn't supposed to award you a place on that basis. Try to find some other reasons why your 6yo needs this school.

Icecreamsmiles · 05/10/2013 00:13

Thank you for your reply!

Is the fact that my 4yo already attends the school, and therefore my 6yo has a sibling at the school not a valid reason? I'm so worried they may reject our appeal!

Interestingly the admissions authority have omitted the fact that they only actioned our address change on 18th sept after receipt of the CB letter. They say it was the date we supplied the solicitor's letter.

I will pm you about other details, as I am acutely aware that this is such a public forum.

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prh47bridge · 05/10/2013 08:45

Looking at the admission arrangements for the LA there is no way they should have refused to process your application until you could produce a CB letter. If you can prove that they did indeed refuse to process your application and that you missed out on a place as a result that would be a good case for appeal. The LA may say that the reason there was no progress over the summer holiday was simply that the schools were all on holiday and could not be contacted.

A sibling at the school may give you priority in the admission criteria but I'm afraid it does not help at appeal. The same is true of all the arguments set out in your PM. Arguments about childcare and transport problems are not relevant for appeals. Your case needs to be about how your child's education will benefit from going to this school rather than the current school. Look for things offered by the preferred school that are missing from the current school and would be of particular benefit to your child.

Given that the school wants to increase PAN you may be able to win your appeal with a very weak case, so the arguments you have set out in your PM may be enough. But I wouldn't rely on that. You need to find some positive reasons why your son needs to attend this school that are not related to how far it is from your home, the availability of childcare, etc.

prh47bridge · 05/10/2013 08:48

By the way, the only grounds I can see for suggesting there was an error when your 4yo was admitted is if s/he shouldn't have been first on the waiting list. But even if a mistake was made that is not relevant when you are appealing for a place for your 6yo.

Icecreamsmiles · 05/10/2013 10:49

So actually by accepting a place at the other school, I have jeopardised my appeal case?

We were told by the LA that it wouldn't affect our appeal!

This really is unbelievable.

But thank you for telling me that. I will work on our other arguments.

And thanks RE the "mistake" in admitting our 4yo.

Unfortunately, the class was at 28 from April this year, so even though the LA treated us unfairly regarding our address, it did not cause us to miss out on a school place. It did however, cost us time in arranging an appeal (the earliest ones for this school were held on sept 10th), mean that we had to arrange an alternative school place, and has consequently weakened our appeal case.

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prh47bridge · 05/10/2013 11:20

Not sure where you get that from. Accepting the place at the other school has not in any way damaged your appeal case. Rejecting the place at the other school may have damaged your case a little but accepting it has not.

Icecreamsmiles · 05/10/2013 11:31

Because they are both good schools. Both have good Ofsted reports.

If the arguments in my PM are not enough (by the LA's assessment on net capacity, the school is over by 16 children), then our ability to argue that this school is better than the other one is actually not great.

I will go over the Ofsted reports and have a look.

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prh47bridge · 05/10/2013 12:40

You aren't trying to show that this school is better. You are trying to show that it is better for your child - an important distinction. If you start talking about league table positions and Ofsted grades you won't get anywhere and may alienate the appeal panel. On the other hand it is valid to say that the appeal school has lots of extra-curricular maths activities which would be of particular benefit to your child as he is talented in maths, for example.

Icecreamsmiles · 05/10/2013 13:25

Right. I get it now.

Thank goodness, as I really did not want to get into comparing schools. That seems horribly unfair and unjust, given that they are both great schools. It is simply that one suits our needs better. I suppose it is really just down to what the panel decide is a need for my son against our own interpretation of our needs.

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Icecreamsmiles · 05/10/2013 13:39

Can the LA use the fact that my son has a place at another school where there are places in reception in their case against us, as they are doing? I was led to understand that this was irrelevant, so I'm surprised they have brought it up.

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prh47bridge · 05/10/2013 17:20

They can (and should) state that your son has a place at another school but they shouldn't use it against you. To be honest, I struggle to see how they can use it against you. What have they said?

Icecreamsmiles · 05/10/2013 17:30

I would prefer to put those details in a pm.

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Icecreamsmiles · 05/10/2013 17:40

OK, I have messages you with those details.

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Icecreamsmiles · 06/10/2013 11:14

At the appeal hearing, can we read out our case ourselves, or is it read out for us? Do we have to submit our case beforehand (other than the arguments on the original appeal form)?

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prh47bridge · 06/10/2013 17:48

You present your own case. You don't have to submit your case beforehand beyond what you put on the appeal form but it is worth doing so as the appeal panel will then get to read it before the hearing. You must submit any evidence you intend to use before the hearing otherwise you risk the hearing being adjourned to a later date. You don't have to stick to your written case. I certainly wouldn't simply read out the case you have submitted. I would talk around the written case and emphasise the important points.

Icecreamsmiles · 06/10/2013 18:57

Thank you.
I'm in two minds about submitting our case beforehand, as we have had to waive our rights to 7 days' notice of the authority's case. But, as you say, I want the panel to have a chance to read it beforehand.

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