Did anyone have representation at an infant class appeal?

[clairesey1976]

We are appealing after our four year old failed to get a place in the school where both her sisters go. We know it's a long shot because of the legality of them only allowing 30 in the class. Have heard of a couple of people being successful but they have had representation on the day, both of which were people who now do that for a living, and both said they were worth their weight in gold. Has anyone else had successful outcomes using someone to represent you at the appeal....they are very expensive and we are in two minds as to whether to go and just speak from the heart or go down the legal route and see if they can find some legal loophole that might get us a place...thank you x

I am a panel member who sees a lot of these appeals. In my experience the vast majority of infant class size appeals that are won are due to an error in the process or more rarely a problem with the legality of the admission arrangements. To win by meeting the very high threshold of unreasonableness needs a very difficult situation (eg major medical issues or safeguarding issues) backed by a lot of high quality evidence from professionals etc. Children going to different schools is common and highly unlikely to meet the threshold.

Rather than employing a professional you could do the research on the process - have a good look at the School Admissions code and then at the school's admissions policy. Get information from the admissions authority and check whether the legal process has been followed and then check the processing of you DD's application from every angle.

Bear in mind that a mistake/problem with the legal side benefits you only if your child has been denied a place they would otherwise have got. I have done a number of appeals where a professional has represented the family. In one, a mistake was made in the processing but the child did not get a place as they were not denied one by the mistake, though an other appellant for the same school did because they had lost out. I have not had any other ICS appeals where having a professional made a difference to the outcome.

An appeal panel is not a law court. You are unlikely to win by looking for legal loopholes. I know of far too many cases where professional advice has been very poor. Indeed I advised someone last year who had lost a very winnable appeal through following appallingly bad advice from an "expert". I would always recommend doing it yourself. If you post details of your case you will get lots of good advice here.

My FIL has represented a number of people - he used to work with vulnerable families and as such did it unpaid. I think it benefitted the families because they had someone who had been through the process before so was not so nervous, plus he could be more objective as it wasn't his own child. But tbh I wouldn't say it had any other advantages. He said as long as you did your research beforehand and could make a good case you didn't need anyone arguing for you. The families he worked with tended to require someone because parents had poor reading skills and were really unable to did it themselves.

I really don't think legal representation would make a bit of difference unless it was that your son didn't get in on a legal matter.

Sorry I've just realised you were talking about a legal rep - my FIL was an advocate rather than anything law related. I doubt very much it'd be worth having a lawyer

Oh an advocate would be very useful if English wasn't first language or parents were struggling with literacy skills, what a great idea!!!!!!

Thanks for all your great advice....don't think we can win as I don't think they have made any error with the application. I just know that I will be a blubbering wreck on the day and may not get my points across properly. Have been given the name of someone who helped a boy in the same school win an appeal even though it was an infant class. They said he was invaluable on the day as he knew just now to question them on their admissions ( he used to be on the appeal panels) etc...something which we don't know much about....although I do believe there were some religious grounds too that they used! He is very expensive and just not sure it's worth that much money. Just need to feel that we've done our best for her!

He's not a lawyer....he is more like an advocate. He's not legally trained ....just experienced in the whole appeals process!

There is good reason if you think that you are going to be a dithering wreck and incoherent on the day to have somebody with you who can be slightly more objective. That however does not have to be a lawyer and my experience is that lawyers hinder rather than help any appeal.
You should inform the clerk to the appeal panel that you are going to bring somebody with you. Anybody who does decide on a lawyer does need to inform the clerk well beforehand, because there is a high likelyhood that in such circumstance that the school would also want to have a lawyer present and the case will get postponed

The only bit in your post that stands out is that your dd didn't get a place but her siblings go there? Will they be there when she starts and would that count for over subscription criteria, and if so, was she considered under that criteria?