Lac children placement

[Twinklestars1]

Can any one advise?
I removed my children from school after a teacher assaulted my child. I am home educating while I wait for my children to be placed in to a new school.
I have applied twice to a school not far away in the last 2 yrs, my youngest was refused even though they are LAC children, I appealed and lost, I had to go to a school 2 miles away. I spoke to the head master of the school, he told me he did not want my child in his school as he has behaviour problems, there is a child already in my child's school year who is very disruptive, if my child went it would be detrimental to other children and them selves, my child would not get the help he needed. The school is an academy.

So now I have applied for a different school, smaller numbers and no disruptive children, my child is only disruptive because of lack of communication so just scowled and doesn't work.

I have just been told my children have been refused entry to the school I have asked for, I thought LAC children had priority, the LA said they would of had to make an extra place for my child, but LAC rules state this would happen.
My children have been given places for the school they have been refused twice for and the head said it would cause all children problems.

I cannot understand this decision, the school I wanted is 5 minutes away from the school I don't want, it is smaller and is more able to support my child's needs, I spoke to the deputy head prior to my application.

So how can LA refuse my chose?
To me it's because the academy can claim more finance as my children are LAC children

Sorry, more questions- were you told why they went to FAP?

but my concern is that the appeal panel will say I accepted their choice and children have settled

The appeal panel will not say that at all. Quite the reverse. Some parents try to blackmail the panel into giving their child a place at their preferred school be refusing all other offers. Panels don't like that. They far prefer parents who have accepted the school offered.

If a school has a place available it must be offered. So if you applied for a place for your older child and the school had spaces in that year they must offer that place. If they did not do so that should be a straightforward win at appeal. Paragraph 3.12 of the Admissions Code is clear that a school cannot refuse to admit a former LAC outside the normal admissions round due to challenging behaviour. If an appeal for your older child failed in this situation I would definitely refer the matter to the LGO (or the EFA if the appeal school is an academy).

If your youngest is 8 infant class size regulations are not relevant. Any appeal would therefore be an ordinary prejudice appeal where you would need to show that the prejudice (disadvantage) to your child through not being admitted outweighs the prejudice to the school of having an additional pupil. As Admission says, appeal panels tend to be sympathetic to appeals from LAC and former LAC as they know they have priority.

The LA's powers of direction currently only apply to LAC. They have not been extended to cover former LAC.

Based on the information you've posted here the schools and the LA would appear to be in breach of the Admissions Code. Appeal for both children to be admitted to your preferred school. If the appeal fails (or if you have already appealed for the current academic year) refer the matter to the LGO or EFA as appropriate.

If you want to PM me the name of the school and the LA involved I'll take a look and see if I can help further.

Great, prh is here

"The LA's powers of direction currently only apply to LAC. They have not been extended to cover former LAC."

That's really interesting- I understood all powers of direction to apply to current LAC only, but was thrown recently when I realised that the SoS can direct an academy to admit former LAC.

It sounds to me as if the LA took the application to FAP because they are/were LAC. Quite a few LAs do this it seems, even though guidance for LAC expressly states that they should not go to FAPs. Is the only way forward in such a case (i.e., where the children have gone to FAP when they should not have) to appeal? For current LAC the next step would be to apply for direction, but as this does not apply to former LAC, I will be interested to see what happens...