Appeal regarding a place at a preferred school with sibling

[Idontknow1]

I was wondering if people could shed light on my case...
I have a 7 year old child who attends a primary school. I wanted my 4 year old child to attend the same school however we are out the catchment area has we since moved.

The school has two classes in reception one of 22 and one of 23 and this continues all the way through till year 1 and year 2.

Has the legal limit is 30 children to a class per one qualified teacher...

Do i have a chance of winning this appeal and HOW ?

Your input would be highly apperciated

Regards

Thank you Prh & Lougle for your replies + help.

Basically I was thinking of tackling this appeal in two parts.

Part one -

Thoroughly explaining, that the school has sufficient room for my child to be allocated a space without affecting the children already admitted or placing the school under pressure. I shall provide facts/figures that i have received via email from the school admissions department, to back up my claim.

The reason to explain the above to the panel would be to make my case stronger. However,like Prh mentioned:

" You will not win your appeal on the basis of the classroom sizes. That may help to show that the school can handle more pupils but its is very unlikely to be enough on its own to win a case."

Second Part -

I will make it absolutely clear that this is a logistical nightmare fetching two kids from two different schools at the exact the same time. In between these two schools there are two middle schools which obviously has its own traffic problems. The reason why i want to mention these points however irrelevant they may seem is just to make my case that little bit stronger.

Not wanting to talk negatively about the school which they have offered us. I shall concentrate on why the preferred school is the one for my child. I shall quote from the Oftsed report to show why.

"This average-sized first school serves one of the most diverse communities in . A large majority of pupils are from ethnic minority groups, and most of these pupils speak English as an additional language. A very high proportion of pupils have backgrounds."

My child who attended the nursery at this school absolutely enjoyed it and was extremely sociable with other children.

The other school which they have allocated for my 4 year old child which he has been currently attending finds it difficult to engage has he is quite shy. Also the school is of white British heritage I dont like to assume but there is a possibilty of a future bullying case...

"Children begin from very low starting points when they arrive in the nursery. By the end of Year 4 pupils attain levels comparable with those of others nationally; many pupils, often from minority ethnic backgrounds,
exceed them. Pupils with special educational needs and/or disabilities, and those who speak English as an additional language achieve as well as others. Achievement is good because pupils are very well supported to learn."

Has my child speaks English and an additional language i believe this is the school which is tailored for my child. It is a School which understands and has teachers from various backgrounds that are always at hand to give support to the child.

"The school has developed a relevant curriculum that is integrated and engages pupils well. A recently introduced Forest School is proving to be highly successful especially for some hard to reach pupils. Care, guidance and support for pupils are exceptional. Interventions support pupils extremely well. One-to-one and group activities address individual gaps in literacy and numeracy. Those with social,emotional and behavioral difficulties are successfully supported through limited spells of time in the nurture group."

My child being terribly shy I believe the Forest school is the extra support that's required to bring him out of his shell. I had noticed the difference in my eldest child when he went to the Forest School lessons.

Although I have explained my reasons briefly these are the fundamental points that i have based my case on.

Please feel free to criticize me and any other points that I should add on

Once again many thanks for the help out.

I will make it absolutely clear that this is a logistical nightmare fetching two kids from two different schools at the exact the same time.

The response to that would be to move your older child to the school that is local to you and that you have been offered. I can't see this having any relevance to your case. You are the person who chose to move out of the catchment, thus creating this situation for yourself.

Yes the school admissions did offer the eldest child a place at the new school. The reason for the move was solely for the kids to move out of a drug riddled area. Also I will be taking certificates of how well my 7 year old has been supported and risen through his current school and with 11 plus coming up soon I wish not to disturb and unsettle him. However I am expecting this question to prop up.

Transport issues won't carry weight at an appeal (sorry).

It's all about why the school is better for the child, not why the journey to it is easier for the parent. Unless you are trying to make a case for an exceptional social reason (which would only be relevant if the school has that category at all) but that usually applies only to significant mobility issues.

I doubt the needs of a child (other than the one whose future place is the subject of the appeal) will carry much weight either.

It's always and only about the educational needs of the child.

If your child is 7, I'm not sure how much weight preparing for the 11+ would carry as it's still a way off .

"my child might be bullied in school X" is the sort of knocking of an allocated school that will not help your case, and may alienate the panel.

I think your strongest point will be EAL, explaining your child's current needs (evidenced by support at nursery or elsewhere) and why this school's skill set is better that that available elsewhere (not just the numbers of pupils from which you've drawn inference of expertise, but the expertise tself).

"Thoroughly explaining, that the school has sufficient room for my child to be allocated a space without affecting the children already admitted or placing the school under pressure. I shall provide facts/figures that i have received via email from the school admissions department, to back up my claim."

To do this, you need to look at the Net Capacity Assessment. It is a document that should be in the bundle of papers you receive from the LA. It lists all of the rooms in the school, their sizes, etc. To show that there is room, you have three hurdles:

1. Is the NC bigger than 315 (45 per year, 7 year groups)?
2. Does the school currently go over number in any other year group, putting pressure on the capacity of the school? (This can be a double edged sword -could argue the opposite, that it demonstrates the school has coped in the past so will again).
3. 51m2 is small. Especially for reception - is the room shaped awkwardly which further decreases the capacity of the classroom?

You need to tread the line between assertive and bolshy. The panel will already have had the papers and will already have formed a judgement as to whether the school is full. Point out why you think it has room, but don't argue black is white.

Your next argument is dead in the water. There is no provision in the process for granting an appeal based on logistics. It's a nightmare, I grant you, but not one a panel can resolve. It won't carry a shred of weight.

Similarly, don't take achievement certificates for your older child -this is about your younger child.

On to the next points:

You need to be positive. There is no reason to suggest that your child will be bullied and you'd get sort shrift if you suggested a school was unsuitable for a white British child because it was full of people from minority cultures/ethnicities! You just can't say that. So phrase it positively. You want your child to 'enjoy an environment where he benefits from seeing people of his ethnicity thrive educationally.'

The EAL is a good point in your favour, although the LA could use this to suggest that the school already has its hands full.

The forest school argument is....I'm not sure. In one sense it's good that you can see something different, but you've got no evidence that it will benefit your DS, particularly, just that you like the idea of it and your older DS liked it.

Overall, concentrate on peer group and pastoral care for a child with EAL.

Hi all,

It's been a while, have finally received the pack from the LA...The school classes are organised as:

Reception = 2 classes of 22 & 23
Year 1/Year2 = mixed together into 3 classes of up to 30 in each class
Year 3/Year4 = mixed together into 3 classes of up to 30 in each class

currently reception as 45 pupils, Year 1 has 43, and Year 2 has 42

The LA have stated the following:

" Reception are currently taught in 2 separate classes, however when these children move up in Year 1 they will be mixed together with Year 2 into 3 classes of up to 30. Similarly when they move up into Year 2 they will be again be mixed with Year 1 at that time into 3 classes of up to 30. Whilst it may appear that there are vacancies in the current mixed Year1/Year2 classes, if a place is requested the LA would have to allocate it. If we take additional children into Reception this could then mean the class would have more than 30 pupils as they progress up the school."

Is it me or are the LA using hypothetical words as "IF A PLACE IS REQUESTED" and "If we take additional children into Reception this COULD then mean....."

Overrall the net capacity for the school is 225 there are currently 211 pupils.

Also in the pack contained a layout plan of the school building. However this was incorrect has the school has since extended by adding another two rooms to the school. One of which is a support language room for pupils with EAL...

They have also stated this is a class size prejudice appeal. I assume its an Future class size prejudice appeal has it wont affect the current reception year.?

Please can you criticize and advise

Regards

Yes it's a future infant class size appeal, but that means that the bar is set at ICS level.

They're not using hypothetical arguments, as such. The authority has to accept children up to PAN. They therfore have to take up to the limit of year 1 and 2. If year 1 and year 2 is full, that forms 3x30 classes. If year 1 goes to 45 and they take your child as 46 in year R, they will have 91 children and will have to employ another teacher.

The only way they wouldn't have to employ another teacher in this case is if an appeal panel admits him. However, a panel can't admit on the basis that they wouldn't have to employ a teacher if they admit him. They have to have legal grounds, which means that they can only find in your favour if the admission rules were not in accordance with the code, a mistake was made that cost your DS a place, or the decision not to admit is unreasonable.

The appeal panel is required to assume that each year will fill up to PAN however unlikely this may seem. This may appear hypothetical to you but that is how the class size prejudice rules work. The LA is correct that this is a class size prejudice case. It is, as you say, future class size prejudice but the same rules apply. I'm afraid that means you can only win if:

• the admission arrangements are contrary to the Admissions Code and this has cost your child a place

• the admission arrangements have not been administered incorrectly and this has cost your child a place

• the decision to refuse admission to your child was unreasonable (which, in legal terms, means irrational)

The incorrect plan won't win an appeal on its own but it is worth bringing up as it sows some doubt in the panel's minds about the school's case.

The only thing I can see in what you have posted so far that could lead to a successful case is your comment that they school is saving a space for a child who will start next year. If that child is not due to start until September 2016 and your child is at the head of the waiting list you would have a good case. If the child is due to start earlier I'm afraid I don't think you have a case. There is nothing wrong with trying - occasionally information emerges during the hearing that shows a mistake has been made. But be realistic about your chances.

This is my point Year 1 and Year 2 are not full.....

Year 2 shall not be affected.(pupils currently 42, PAN of 45)

Year 1 which has currently 43 pupils but normally has a PAN of 45

Regarding Facts and Figures:

Year 1 - 43 Pupils move to Year 2

Current reception 45 pupils move to year 1

In total for September 2016 Year 1 and Year 2 would be 88 .... suggesting that there are two additional places...

Or am i not comprehending ?

Hi Prh,

Just seen your post....

Okay the panel assumes each year will fill up to its PAN - Will the panel take into consideration that the last 2 years the PAN has never been met in Year 1 and Year 2 ?

Regarding the school saving a place for a child.

I personally don't think there is anything illegal in this. The child is not five until February 2016. So therefore legally doesn't need to start reception until then.

I mention the layout plan just to make the case carry more weight.

Once again thank you both for your prompt input.

It can't take that into account because if the school does fill up to PAN then the Y1/2 class sizes next year will be 30, 30, 31. There is no rule in the Code that allows an admission authority to overfill one year group and underfill another, so if they take your child as no. 46 in year R, they would still be obliged to allow any applications for year 1 up to 45. They can't say 'actually we'll stop at 44 in year 1 because year R has 46 and we'll breach ICS.'

The fact is that year R is full to PAN. In ordinary circumstances that fulness could be debated at appeal and by chipping away at their case, you may be able to argue that a class size of 51m^2 can take 23 or even 24 children, etc. But the fact that they then combine year groups to form 3 classes of (up to) 30, makes this an ICS appeal, so only admission arrangement errors, procedural errors or an unreasonable decision as defined by law can win.

To put it in context, my LA is one of the most reasonable LAs in the country and our quoted success rate for ICS appeals is

Will the panel take into consideration that the last 2 years the PAN has never been met in Year 1 and Year 2

No. They are specifically not allowed to take that into consideration.

I personally don't think there is anything illegal in this

As the child is 5 in February they must start school at the beginning of the summer term. You are correct that there is nothing illegal in this. However, if the child had been born later in the year and was not going to start until September the school is not permitted to hold a place for the child even though the child does not legally have to be in school.

For the child being out of the country:

We are currently in Germany and will be applying for a reception place in the UK for DD2 based on our UK address. The determined admission arrangements from the LEA make it clear that we are allowed to do this but that any offer will be conditional on us being resident in the UK at the start of the autumn term. This is in Essex.

This may not be the case here, but it could be something to check.

Thank you for your Input MrsMortis,

Unfortunately when I speak to the headteacher regarding this issue. She explains that it is the LA who admit the pupils so they will have all the Info..... But when I contact the LA they brush me off and state its the school that I need to speak to.

Piggy in the middle .....