APPEAL HELP: In-year twin admissions

[suburbangirl]

I have twin six year olds who are very close and are currently sharing a class at school. Our LEA contacted me yesterday to say that they have a place available in Y1 for one of my children in our local school. This school was my initial first choice and is, in my view, the better school.

I do not want my children to stay at their current school. But the children (boy/girls twins) will struggle with separation as they are close (they are in the same class at school, at our request, and have many shared friends). This is without factoring in the logistics of ferrying them between two schools in different directions with the same start time.

I want to accept the place and then appeal for the second child to be admitted, even if this means going over the size limit. But I'm not sure if I have any legal basis. The law recently changed and schools can now go over the class size limit to admit multiples in Reception, but the LEA tells me that this has not been extended to in-year admissions. I'm sure at some point this will change as it is discriminatory: it would cause such distress to my children to be separated in this way that it effectively bars me from moving schools (the fact that twins are generally different from siblings in this respect is acknowledged by the recent change in the admissions code).

Do I have any case for an appeal? I also wondered whether I would have a better case if I just held on until Y3 when the class size limits are less strict. The LEA says that places rarely come up at this school (my children have been 2/3 on waiting list since Reception) as it is single form entry and over-subscribed. The chance of two places coming up at once seems slim. Any advice would be greatly appreciated.

I don't have direct experience of twin admissions, but the part of the code tiggytape refers to is certainly applicable to in year admissions. Excepted children are excepted whenever they apply for a place.

I agree with tiggytape.

I am also with tiggytape.

I occasionally come across LAs that claim some provisions of the Admissions Code only apply for the normal admissions round. They are wrong. All of it applies to all admissions (unless, of course, the Code specifically states otherwise).

You should accept a place for one twin and appeal for the other. If the LA genuinely believes that the rules only apply to the regular admissions round they will present it as an infant class size case. Your argument is straightforward. Under Admissions Code paragraph 2.15(g) the second sibling would automatically be an excepted child and therefore the infant class size limit will not be breached if the child is admitted. If they continue to insist that this paragraph does not apply to in-year admissions ask the LA's representative to show the panel where the Admissions Code says that. As the Admissions Code doesn't say that they will struggle. They may point out that some of the other sub-paragraphs of 2.15 specifically say that they apply to in-year admissions and this one does not. Your response is that the sub-paragraphs concerned ONLY apply to in-year admissions. As this sub-paragraphs (which tiggytape has reproduced) is silent as to when it applies we must assume it applies to all admissions.

You should also have a case as to why your child will be disadvantaged if they don't attend this school but that should only be needed if the LA present an ordinary prejudice case either as well as or instead of an ICS case.

If the appeal panel find against you on infant class size grounds I would definitely refer the matter to the LGO.

Having said all of that, it may be worth speaking to someone senior in the admissions team before launching an appeal. It is quite possible that the Admissions Manager (or whatever job title your LA uses) understands the Admissions Code correctly even if the more junior staff don't.

The problem with the 2012 admission regs is that they were cut back so that a lot of the detail is not there. It is also true that the twins issue was only introduced in 2012, so in reality there are no legal cases to allow people to know what is and is not expected from the regs. I have never been in this situation or heard of a similar situation.

When you look at the admission code paragraph 2.15 which is around infant class size exceptions, it does not say that it only refers to admissions at reception year, it is for all infant year groups. It is also quite true that looked after children which is B) in the list will always be admitted no matter what infant year they are in. G) which refers to twins has already been quoted by tiggytape and does not make any reference to it only be around reception year.
The honest answer is that it will be a risk either way but my inclination is to say that the LA might be reaching in saying it does not refer to in-year admissions. Unless that is specifically said somewhere in the regs then, by default, it is allowed. My guess is that that answer came from the admissions office and has not been offered on the basis of a legal opinion. So my temptation would be to accept the place and then ask for admission on the basis of the second twin being an excepted pupil. If the LA turn down the request then go to appeal and ask then to agree that the regs refer to all infant classes not just reception classes. I would specifically ask the LA if they reject the application how they can claim that when they would admit looked after children or pupils with an SEN statement in a similar situation.

You have all been amazingly helpful. Thank you.

Hi everyone, I've been reading this post and other similar ones as I have appealed for one of my twins and I am looking for guidance on how to approach the hearing and the submission of additional documents.

After we moved into a new area we put our twin daughters in the waiting list for one of the local schools. Twin 1 was offered a place after 2 and a half year in the waiting list, for Year 3. We accepted and Twin2 remains in the waiting list in first place now. After almost a year (the girls are in Y4 now) of having the twins in different schools, we understand movements in the school (1 form entry) is not likely. We had asked the Headteacher to accept Twin2 as an excepted pupil bringing the class Y4 to 31 but she said no. Twice. She said she cannot do this exception as otherwise other people will ask for exceptions. Our objection is that this exception is not a common one and it is even stated in the School Admission Code as possible. So we decided to appeal.

As my initial motivations for the appeal I wrote that the current situation is extremely disruptive for the whole family and especially distressing for the girls.
My husband and I have been trying to minimise the impact on the girls, although we had to compromise around our working life and especially on my side, as a working mum, the situation is having a great impact. But most of all I've been seen the effect of this hectic life on the girls who are forced into long drives after a school day (Twin1), not being able to join clubs, although being in a local school where she could cycle or walk to and Twin2 who cannot benefit from being part of the same community as her twin sister.

I also mentioned the School Admission Code Section 2.15, as I understand that the limit of 30 is to be kept for children under the age of 7.
And even for infant classes, the limit CAN BE RAISED in case of twins. So why not for older children?

Now I would like to submit a "good character" letter from Twin2 Y3 teacher saying that having her will not be disruptive in any way (as she's basically a good girl...).

Would it be useful that I write another document to the panel, with other motivations, more specifically? Like that at the current school (it is an independent one, but not an academically good one) T2 is not getting the most her education and she would be much better off in the same school as T1?
Also that T1's school has focus on subject of great interest for T2 and she's missing out on the same opportunities as her sister?

Please advise on what and how much to write. I would want to be overwhelming for the panel, writing useless stuff or adding up reasons that potential might only dilute the power of my request....

One more thing: in your experience, is the panel likely to accept what the Headteacher says? I do understand her point of view. She wants to keep her school small and manageable, with an excellent reputation and Ofsted, while increasing the class size might be harmful from her point of view. Do I stand a chance?

Thank you so so so much!!!!