mID TERM TRANSFER APPEAL HELP NEEDED PLEASE

[MERLIN666]

Could any one offer any advice or clarification of my situation please.
Due to a change of address (just under 3 miles) my yr1 daughter was declined a mid term transfer due to infant class size.
I thought that was that & i could not appeal. I have since been told that the current year 1 is at 46 above the PAN of 45. I believe the 46th child is classed as expected this year but moving forward to Sept 14, if there is 46 in her yr group can i appeal as staffing / space seems to be there catering for the 46th pupil? Or is this a case that the legislation has been relaxed to admit over 30 in special circumstances. Essex is my LA, and i have been advised that special circumstances only relay to medical or SEN needs.Although my daughters current journey to & from school often takes 45mins + due to traffic, would this be a special cirsumstance?
I have also been advised by the LA that i may have a case under prejudiced. though some one else has said as 46 in yr group this should be a standard appeal?

One very confused Mum

This looks like the Infant Class Size regulations apply. In years R, 1 and 2, the limit is 30 per teacher, unless a pupil is excepted.

You cannot win an appeal because there is already an excepted pupil in a year group. It is not a case if whether the school can cope - that argument is simply not allowed until Y3 and above.

You can only win an ICS appeal if a mistake has been made which has denied your child a place they should have been offered, or if the decision not to admit is so perverse (in a legal sense) that it cannot be allowed to stand (the bar for this is very high - think child protection etc).

If there are 46 children in the group, none can be admitted from the waiting list until two leave ie the number is 44 plus one vacancy.

Has the LA offered any other school?

I agree with Meditrina.

With an admission number of 45 it is likely they are operating 2 classes in reception and then 3 classes of 30 covering Y1 and Y2, although other arrangements are possible. If they would have 30 children in a class when all three years are full it is an ICS case. The fact they have an excepted child already does not allow them to admit another. The excepted child will continue to be excepted until someone leaves, bringing the year group back down to 45.

Meditrina has described the circumstances under which you can win an appeal. There is nothing to stop you trying but your chances of success are very low.

If the LA has not offered any other school and it is over 2 miles to the current school by the shortest walking route your daughter is entitled to free transport to and from school.

Hi

Thanks for you helpful input. I am just assuming the 46th child is expected as not on the PAN.

Her teacher has just informed me that my daughter has been late x 19 this year, if it was not down to the taxi & traffic the educational welfare officer would be involved & i would be fined!

I know the LA will say its the taxi company's fault but any route they take will hit notorious traffic hotspots on route. Some drivers will pick her up at 8am (8:50 school open) so her school day is then 8-4 at age 6!

Were getting help with transport until yr3 / 2015 (as 2.8miles). Im so worried as when my daughter hits yr 3 i will have to apply for the JR school (oversubscribed) if accepted i will have to take my son who will start school there ans back at a cost of £400 a month & my son will then be late.

Thanks again for your input guys

one still very worried mum
x