Primary appeals to take class size over 30

[IsItSummerYet]

I am interested to know about any experiences people have of appealing to admissions to take the class size over 30. I probably haven't worded this very well but hope it makes some sort of sense.

My DD has been refused a place at a new school as there are 30 in the class. She will probably have a sibling at the school come September and we may (or may not) be living in catchment. She is in KS1 and I know it's very unlikely that an appeal will be upheld. Any tips or experiences welcome.

If its reception, I don't think you will have a chance. Others years, its worth a go. But there are a lot of uncertainties aren't there. An application now would be based on current circumstances and not future possibilities.

Having said that, if you do want to challenge it, check their admission criteria,their pan and total number in the school (there will probably be a max number of children the school can hold and if the total school numbers are there then the school is essentially full). Check for any precedence.

You need to demonstrate that going over 30 won't be detrimental to the other children. So great references, good academic record etc.

Because you are talking about an infant class, the infant class size regs come into effect. These state that there can not be more than 30 pupils with any one school teacher under normal circumstances. The only way to have more than 30 is if the excepted child rules pertain. One of those excepted circumstances is if you win at an appeal.However the appeal can only be upheld in an infant class size case if a mistake was made and your DD should have been given a place if they had done the application correctly. Given that we are talking about an in-year application from what you say in your post, the chances of a mistake are very very slim. The only other way of winning an appeal is if the decision of the LA not to admit was unreasonable. In this legal situation, unreasonable is not what you might call unreasonable but a decision which completely defies logic and is perverse in how far wrong it is. I do not believe that you will come anywhere near that definition based on your post.
Sorry but as you say it is very unlikely that an appeal will be successful, your bets bet is to keep talking to the school and hope that you find out when and if places become available, when you can apply for the place.

Sorry admission. I knew there was a 30 to the class rule, but I thought it was just reception. We were looking at ks2. For us the clincher was being in catchment.

Thank you both for your replies. Interesting to know about good references etc.

Good references won't make any difference if it's reception, year 1 or year 2.

Do you know if there anything that would make a difference in KS1 titchy?

what are your grounds for appeal?

There really isn't much, unless you have a statement naming the school in the offing.

If/when you move into the catchment, that will usually move you up the waiting list (but not until you move there), as will having a sibling in the school (check if it is all siblings then catchment, then others; or catchment siblings, other catchment children, other siblings, other children). Check at all stages of potential move and sibling joining that they have updated the waiting list to reflect your new circumstances.

Do you know where you are in the waiting list at the moment?

They don't hold a waiting list which is not helpful. So it just leaves me to ring the school every week to ask if anyone has left!

They must have a waiting list and it must be held in admission criteria order. Or do you/ they mean there is no one on a waiting list except you? You shouldn't need to phone each week - if someone leaves the place must be offered to the person at the top of the waiting list, not the person who happened to phone first.

Agree with much of the advice you have been given. However, I disagree with tilder about references and academic record. These are not relevant at appeal.

And just a minor correction to titchy - whilst most schools hold a waiting list there is no requirement for them to do so beyond Christmas in Reception. After that the Admissions Code allows them to drop the waiting list, so places would go to whoever applied first once a vacancy was available. I don't think that should be allowed but it is what the Code currently says.

Thank you for everyone's input. I was hoping there might be a magic formula to ensure a successful appeal. If only!

I'm just not sure starting my DC2 at the new school in September in the hope that a child higher up the school leaves making a space for DC1 is a sensible idea. As this may never happen - particularly as this is a single form entry school.

DS is at a single form entry rural school and the churn is reasonable. His class have lost and gained 1 or 2 children a year as families move out and in to the area or decide to try a bigger/ smaller school a few miles from home.

That's a good point about asking about general trends. I will do that. I guess I need to be prepared to have to wait until year 3.