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has anyone managed to successfully appeal against infant class size limit?

38 replies

fluffybunnies246 · 11/08/2015 12:14

Hello. I've got a bit of an unusual situation. We moved last academic year, and my 3 kids ended up at 2 separate primary schools due to there not being space for all of them in any one school. We appealed to get our reception age child placed with her brothers unsuccessfully due to the infant class size limit of 30. There were 30 in the class at the time.

Fast forward to July. I applied again for my youngest child to enter year 1. Again, the school rejected her. This time because there are now 32 children in that year group, meaning 2 got through on appeal.

I've got the forms for appealing…but I found the whole thing so awful last time- like I was a terrible person for daring to appeal- that I'm wavering as to whether I should actually do it. Both schools are not the nearest to our house- that was full. In distance the youngest is the nearest, then the older boys (going into year 3 and 5). We also appealed for the boys to go to the little girls school unsuccessfully. That experience was even worse- another parent (governor) basically telling me how inconsiderate I was to even think about it! And the boys don't want to go there anyway.

My situation has changed since the first appeal. I am now a single mother, with no support network around me. I didn't tell them the first time, but I have depression for years, and obviously, now their father has left I'm under a lot of strain. I have to drive the kids to school…my car is unreliable, I don't have a job (had to give it up to move and am trying to get another) so can't afford a new one. When it's broken down the school run has been difficult- one location would be fine, and walkable, 2 was a nightmare, so that now I just don't bother even attempting it if the car doesn't work. My daughter is really feeling the effect of her father leaving. She wants to be with her brothers. She is not sleeping, and said to me the other week "daddy doesn't like me, because he left, and my brothers school doesn't like me because they let other people in and not me". She knows that there are new reception people as her brother told her. I have tried to reassure her that none of the things that have happened are down to people not liking her, but it just worries me what is going on in her head.

The boys don't want to move school again and I don't blame them. They are very, very happy at their current school. My eldest is very bright, and I had a real battle getting him to his previous school as he was 'bored' all the time. He's also very quiet and slow to make friends (but when he does they are strong friendships) and although I don't think moving would be good for either of them, I think it would have more of a negative impact on him. Given that the kids have already had a lot of upset in their lives, I don't really want to cause them any more.

So, I think I have reasons for appeal. But I'm concerned that they are not good enough for the local authority and that once again, if I go, I'm just going to be treated like I'm wanting to deprive every other child at the school of a decent education just because I want all my children to go to the same school.

I'd really appreciate any insight into anyone else's experience, as I don't know anyone in real life who has had to appeal against infant class size limit.

OP posts:
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tiggytape · 16/08/2015 17:06

This reply has been deleted

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Pilgrimforever · 17/08/2015 11:25

I know 1 person who won an ics appeal 5 years ago based on not being able to be at 2 different schools at the same time.
Although having said that I've had 5 children go through our local infants school and they've never been in classes of 30 or less.

prh47bridge · 17/08/2015 12:40

I know 1 person who won an ics appeal 5 years ago based on not being able to be at 2 different schools at the same time

There is no way they should have won on that basis. The rules 5 years ago where the same as they are today. There are very limited grounds on which an ICS appeal can be won. Problems getting siblings to different schools are not included. Assuming it was an ICS appeal (not all primary school appeals are ICS) either the panel broke the rules or the appeal was won on a different basis.

Pilgrimforever · 20/08/2015 16:38

Their 1st preference was an infants 1.5 mile away and their 2nd preference was a primary 75 metres away. They got their 2nd preference but the problem was their eldest child went to a junior school in a different part of town that was linked to the 1st preference so start and finish times and inset days were coordinated between the 2 schools to make life easier for parents iyswim.
They went to appeal for the 1st preference purely based on the problems of being in 2 places at the same time and won.

Pilgrimforever · 20/08/2015 16:40

Pressed post too soon. The 1st preference infants school has never had less than 30 in a class in the past 15 years and has always been oversubscribed.

MarthasHarbour · 20/08/2015 16:59

How confident are you at asking for favours? My DS is going into Y2 and when he was in Reception i made a small group of friends, all of whom now help eachother out (and did so by the easter in reception year).

I think you need to be brave and ask someone to help with the school runs for DD and your DS's, for example someone could take your DD to school for 3 days and someone take your DS's for the other 2 days. You then return the favour by helping them with their school runs, offering to babysit round at your house, extra playdates, etc. Anything you can think of.

It's hard i know but on a practical level you have no other option. I do sympathise Flowers

prh47bridge · 20/08/2015 17:40

They went to appeal for the 1st preference purely based on the problems of being in 2 places at the same time and won

Unless they were incredibly lucky it is likely that the appeal panel found that there had been a problem with the admissions process that denied them a place. An appeal panel following the rules cannot allow an infant class size appeal to succeed on that basis.

eddiemairswife · 20/08/2015 17:58

That sounds more like it prh. If the older child was already at the linked Junior school it may have been overlooked during the admission process.

Pilgrimforever · 20/08/2015 18:56

The infants is a feeder school to the junior's but it isn't part of the over subscription criteria.
I know the appeal was won based on 2 places at the same time as the mum was very vocal about it in the playground afterwards as her eldest is the same year group as one of mine. I thought it was odd myself as I was on here at the time and knew from threads here that it shouldn't have happened.
Other than that I have no idea.
I'm just posting what I know.

MovingOnUpMovingOnOut · 20/08/2015 19:12

Have you had the children on the waiting lists? And do you know what position each child is on the list? Because with a sibling priority they could well be top and get the next available place assuming someone leaves.

I also agree your chances of winning and ICS appeal are v v low to nil. I also feel for you because it must be dreadful :(

Witchend · 20/08/2015 22:18

What people are vocal about isn't necessarily the truth.

It may be that they believe it to be the truth-like the people who say they listed their chosen school 3 times so they had to be given it.

But the only person I know of that won an ICS appeal told people how lucky they were that the appeal panel felt that it was unfair to deny them a place because their (much older an no longer at the school) child had had such a great time there. I know actually there was a mistake made in their address (think " X Close" rather than "X Drive"), but they felt that people would react better to "lucky" for some reason.

Lurkedforever1 · 21/08/2015 00:55

I wouldn't put too much faith on what criteria others won appeals on unless you actually do know all the details. My friends ds had his admission messed up by the la at primary entry. Not surprisingly they won the appeal. Four years later the catchment for that primary is on the doorstep when previously it was big. Nevertheless local legend now has it that lurks friend rang the council and gave them hell, appealed it and got a place from over a mile away. And every year a few people put it as first choice despite being out of current catchment, and follow my friend's method thinking that's why she won.

mandy214 · 21/08/2015 01:16

Not really answering the point but why can't your ex - husband help out until you can get them all into the same school? If you can't physically get them all to school on time, he needs to help out even if that means shifting his work hours etc.

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