I've messed up reception application :(

[Sobloodyworried123]

Reporting from AIBU as have no idea how to repost.
Will try and keep it short -
Moved in July so had to make a late application - Surrey borough
Live in cheam, hadn't heard anything come last week so panicked and requested the vacancy list offered by the council, ZERO schools within 5km and only 1 school in Horley ( 8.5 miles away )
Panicked so contacted the school to be told there was only one space so I added it to my list, accepted it and son was due to start today.
Probably won't be entitled to transport however irrespective as journey took 1 hour 20 mins, just not feasible doing that distance every day an even if they paid milegage I would struggle to pay the petrol to return home in between and if car ever broke absolutely no public transport that could get him there.
To top it off I have another son who's application needs to be done by January ;( so he probably will get a local school which without knowing which one my eldest is at will be a complete nightmare, just as much as travelling in 2 different directions 10 miles apart would be, well that would actually be impossible.
Now I've asked for it, they've completed their obligation :( I've now declined it after the school run today but they've just advised I keep on waiting lists and if no luck by December ( he turns 5 in 2 weeks so needs to be in school come January ) to complete an in year application form for them to try and find him something.
Is there any reason I can't complete an in year application now or does he need to be legal school age to do this?
Can I appeal on the grounds that there were no schools within 2 miles or because I requested a school and they gave it to me that throws all that out :( I panicked, thoight I was doing the best for him but the disruption it would cause moving him again just was too much.

If the school that offered you a space was the nearest with places available and is over 2 miles away by the shortest safe walking route your son is entitled to free transport.

There is nothing to stop you completing an in year application now.

You can appeal for any school where you have been refused entry. However, it is likely that an appeal would be heard under infant class size rules. In order to win you would need to show that:

• the admission arrangements did not comply with the Admissions Code and this cost your son a place

• the admission arrangements were not administered correctly and this cost your son a place

• the decision to refuse admission was unreasonable

It is highly unlikely that either of the first two grounds would apply for an in year application. That leaves you with the argument that the decision was unreasonable. You may be able to win on those grounds. You would argue that your son should have been treated as an excepted child on the basis that there was no other available school within a reasonable distance.

If this is the nearest suitable school with a place then you are undoubtedly entitled to school transport.

If children in your borough normally start school in the September before their 5th birthday, then there's no reason why you should not make an in year application. However if all the local schools have full classes of 30 they won't be able to offer a place due to the infant class size regulations.

Thanks for your reply.
I would be entitled to free transport for him possibly ( depends if between the time of my application and them offering the school there were any other places that arose than I'm unaware of ) but not for my other son so it just won't work.
Can you explain what an expected child is?
This was a late admission however they have said they don't have to do an in year admission for him until December, 4 weeks before the jan term when he legally is required to be in education.
I tried, I really did :( I wanted it to work, I was prepared to do the drive however I just can't do a 90 min drive every morning, staying out all day as I can't afford to drive home and a 90 min drive back.
I start work at 5pm which I would have to give up as leave for work at 4pm which I would never make and I just don't think a primary school child should have an 8 mile trip before school.

Have you checked whether there are vacancies at Woodmansterne? There was a thread about this recently, and vacancies at that time. Much closer to Cheam than Horley?

An excepted child is one who takes the class size over 30 for an exceptional reason. Normally they aren't allowed to go above 30 in infants. So if there is no place anywhere within sensible travelling distance one of the more local schools will have to take him, and have a class of 31. If someone leaves from that class is doesn't produce a space until the numbers drop back below 30 again.

What about Banstead? I got my daughter in there with an in year application no problem.

I don't know where in Cheam you are but Meadow in Stoneleigh had spaces (Ccirding to my friend)

That's oh about 5 minutes from Cheam?

Only! Not oh...

Why is 8 miles taking you 90minutes out of interest? My kids school is 5 miles and I can get there, drop offand back home again in 25 minutes.
If a space had come up nearer in the interim they would have offered it to you surely? So they have to too use transport. It would probably be a taxi so you would then be able to take the younger one to school after the older one had left. You would then get so long priority at the school your younger one was at.
You will have to play the long game but people move, change schools all the time so a space should hopefully come up in a year.

Because the traffic is absolutely shocking around there.

He doesn't have to be in school, even after his 5th birthday. School is not compulsory at any age.

Why would you need transport for 2 children though. Presumably you'd take your other child to school, and the transport would take no.1?

Can you explain what an expected child is

An excepted child is one that doesn't count towards the limit of 30 pupils for the purposes of infant class size regulations.

This was a late admission however they have said they don't have to do an in year admission for him until December, 4 weeks before the jan term when he legally is required to be in education

They are wrong. Remind them that the Admissions Code says, "Admission authorities must provide for the admission of all children in the September following their fourth birthday" (paragraph 2.16). They cannot put it off until January. Tell them that if they take that line you will refer the matter to the LGO (Local Government Ombudsman) as a clear case of maladministration.

Thanks for all your replies, just a few answers to your questions.
I have no idea why the traffic is bad here but it is, it's a very busy place with lots of schools that I had to drive past to get to horley so it was a complete nightmare.
The transport offered ( if I was even allowed it as not sure if there were any other places at my time of application but I would assume no as this was the only school on the vacancy list ) would be petrol allowance as I had told them I drive and would happily take him to school, completely not realising the traffic situation :(
I spoke to admissions today and they have again said that an in year admission now that I've accepted a place, even though gone on to refuse it, means they don't have to offer another until January.
By accepting it have I completely ruined everything? Even though it was refused only 2 days later and the acceptance was via email not on the letter as that letter only came yesterday and have sent it back recorded delivery declining it today.
I have spoken to the school poster above mentioned, they have a waiting list in operation as as we are in cheam will come quite far down that list.

Have you though about doing an out of borough application? there are places at my daughters school in merton which is closer surely?

I can pm you the school name if you are interested - its 4.5 miles from cheam, so still not local but closer than the other school! google reckons that's a 20-30 minute drive/bus journey

Traffic is bad as the main route passes through a notorious m25 junction and around a one way system which gridlocks.

Sorry I thought it was the poster who mentioned meadow in stoneleigh as spoken with them and they have a long waiting list.
Please pm the school name!
I would apply for other boroughs as close to Sutton especially but they're telling me I can't complete an in year admission until December

Alternatively, could you apply for a place for your youngest, then as soon as he starts put the eldest on their waiting list (checking that elder siblings get priority), and home educate in the meantime? Not ideal maybe but might be appealing.

The other tack to take is pushing on the in year application, and pushing back on distance; the LEA does have the power under FAP to force a nearer school to take him if no school within a reasonable distance can take him, and I would suggest 8miles was not reasonable!

If push came to shove I could home we but he could be without a place for years as a kid would still need to leave for a place to come up.
Surely being in 6 waiting lists gives me a chance by January :(

I spoke to admissions today and they have again said that an in year admission now that I've accepted a place, even though gone on to refuse it, means they don't have to offer another until January.

Sorry. I forgot you had refused a place. Technically that means they don't have to offer you another place at all. The fact you've accepted is irrelevant. The important point is that you turned it down.

It may still be worth appealing for your preferred schools. You may strike it lucky.

Is there any point in appealing just because we didn't get our catholic school when we are practising Catholics?
That's not what they've said to me, they have said they have to make another offer when he is at statutory school age ( January for him ) however not to apply for the in year admission until a month before, is this correct? Or could I complete an in year admission now, putting the catholic school as first and then 2 very close schools that weren't on original application as second and third?

It is very unlikely you would win an appeal on the basis of wanting a Catholic school. If it is an infant class size case the only grounds for appeal I can see is that there were no places within a reasonable distance.

You can make another application any time you want and then appeal for the schools concerned if you don't get a place.

So it's not true that I can't make in in year application until December as his birthday means he legally has to be in by January?

No it is not true that you have to wait until December.

I have emailed requesting written confirmation that I can't make an in year admission now so hopefully they will reply in the next few days.
I would like to do it now but don't know if I can remain on the waiting lists in on if I submit that?