EDITED: In year admissions advice for twins

[buntyannual]

Hello. I’m hoping an admissions expert can give me some guidance: one question and one clarification.

In short: One of my twins has been offered a place at a local school.

I’ve been told that it is not up to the council but up to the school whether or not to admit the second twin as an ‘excepted child’ into Y3.

In detail:

My twins are in Y3 and have been on a waiting list for a local school since Reception.

Today I found out (more of that later...) that one has been offered a place at the school.

As I understand it there has been a law change regarding twins and in reception at least, if one gets a place the second does, even if it brings the class above 30.

i understood that this also applied to in year admissions. However, I was told by the LEA earlier this year that if one of mine is offered a place, I should accept it, and go to appeal for the second twin (they said I would probably win).

When I rang up today to find out about the offer the man I spoke to said that the local authority had decided to leave it up to the individual schools whether or not they wanted to admit an excepted child. If the school didn't want the excepted child, they didn't have to take him/her. He mentioned nothing about the possiblity of appealling (he gave the impression that the LEA had given the schools this power because the law was on their side).

I'm a bit unclear as I thought that the law change meant that if one child gets a place, the other does automatically? Or do I have to take the place for one kid and then just wait for another place to come up? Is the only way around this to go to appeal? And would I have a good chance of winning an appeal? I'm a bit concerned about having one child take up the place and then loosing the appeal (as I will not send my children to different schools - they don't even want to be in different classes!).

Also: As a clarification. The reason I know we have been offered a place is because my children’s current school called me today and said – “we just received an in year school transfer form for one of your children notifying us that he will be leaving the school.” This was the first I had heard of it!

I called up the local authority and they said it was normal procedure to ask for this information from the old school before offering a place to the first person on the waiting list - because the assumption was that by being on the waiting list we wanted the place.

This seemed to me really odd. Is it normal procedure?

This is a bit muddled and long winded - so if you've made it to the end - thanks.

Interesting, I never knew that twins could be admittted as a special case outside of year R and 7. And this would only be when one was the the final child admitted e.g. on distance because it would be impossible to split them.

Sorry, not helpful!

Bumping this.

Maybe I'm wrong. Maybe it doesn't apply to in year admissions?

advice from experts much appreciated.

The excepted pupil legislation only applies to infant classes so not relevant to Y3. I don't think theres a legal requirement to put twins together even then but the legislation removed a key barrier to doing so.

The other twin is probably next on the waiting list and with a sibling at the school would stand a good chance of staying there.

I don't hold out much hope of getting both DCs in unless you are prepared to separate them for a while. No doubt one of the experts will be along shortly.

Just to clarify: the excepted pupil legislation only applies to infant classes? Just wondered if that is the case for all excepted pupils.
I just searched mumsnet talk archives and there was someone in a similar position with Y1 twins earlier this year (so infant classes). They were advised that while the legislation refers only to Receptoin it does not explicity say it does not refer to other years, so there is a good chance an appeal could be won on the grounds that twins are an exception.
But would that only count for infant years?????

Otherwise surely it is prejudicial for parents of twins? Particularly twins who are quite strongly bonded?

I think you should accept the place for one of the twins and then appeal. The other twin would be top of the list and you might be able to get a place under the fair access protocal as well as the fact that twins are an exception.

As I have always understood it, excepted pupils are so called because they are an exception to the infant class size regulations. That would indeed imply that there cannot be excepted pupils in Y3 and above (where an LEA and/or an appeal panel can take a view on how many pupils a class may reasonably take).

Let's hope Admission or Prh47bridge arrive soon with their expert input.

The fair access protocal can take a juniors class over 30. (Whether the child is a twin or not)

Yes, the FAP can take a class over 30 if there are no spaces elsewhere and that school is the one best placed to take that child. So too can an appeal and (occasionally) LEAs may place additional child/ren in a junior class without reference to the FAP.

There is no limit to the size of junior classes - the governors can state a preference in their admissions policy but there is no limit. The excepted pupil does not apply here and an appeal is unlikely to help you as your children have a school place so this is purely a parental choice thing.
However, most HT are reasonable folk - have you tried ringing her/him and asking if, as one twin has a place, the other can have one too? It would be at the governors discretion and your circumstances are fairly unique that it wouldn't open the floodgates if they are worried about setting a prescient.

The legislation around twins being an excepted pupil in certain circumstances is only for infant classes and therefore not relevant to a year 3 admission. Obviously if one twin has been offered a place, it is highly likely that the other twin will now be first on the waiting list. However that will not gain you any other priority to get into the school.
I think if you are really serious about wanting this school, you will have to take a gamble and accept the one place and then go to appeal for a place for the second twin. The problem is that you will have to accept the place and one twin start because they will not keep the place open whilst you go to appeal for the other twin. Whether you can win at an appeal is difficult to judge but you are going to need more than just he is a twin and they are strongly bonded. You need to establish what the twins could do at the new school and not do at the old school or have other very good reasons for wanting a change of school. But it will be a risk and you might end up with twins at two schools, which could be a major problem both for you and the twins.

Thanks very much. I was a bit muddled. I'm grateful for your answers. That explains a lot. Even if it's not to our advantage.