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In Year transfers - can the current head/LEA veto ?

9 replies

chipolte · 24/09/2015 23:23

Hello, new to Mumsnet so please be gentle:)

My DD is in Yr2. Even though there has been no major issues since she has been there, eg bullying, I have never liked the school and my gut instinct hasn't changed over 2 years -even though we are surrounded by selective secondaries in our area, from what I can tell, most pupils at the current primary go to the local non-selectives. I say 'from what I can tell' as when I asked for data on destination schools for leavers, the school told me they had never ever been asked for that info and would find out if there are allowed to disclose that info (they never got back to me). This is not the only reason but to cut a long story short, I am desperate for her to move to the extent that I have been considering moving, not that that helps much as you then just join a waiting list somewhere and hope for the best.

On a whim, I phoned another local school and by some miracle there are actually some places in my DD's class - the admissions lady said as there are vacancies, distance is irrelevant and it is therefore first come, first served (we were out of catchment so couldnt apply to this particular school at Reception stage). I would be over the moon for DD to go there, although we have arranged a visit next week just to check it mirrors my impression of it.

LEA's process is that I have to have a meeting with the current Head who has to sign the form before the LEA considers the transfer application. Have set up the meeting for next week. My question is what have others said as a reason if there is no true 'problem' with the current school - is it acceptable to say simply that the other school was always my school of choice. I dont want to start a discussion on the current school's attainment etc as then the current school will be obliged to work with me to work through my concerns and by the time we go through all of that, the other school's vacancies will probably have been filled.

Can the current head refuse to sign? If so, can the LEA still process the application or can they themselves turn down the application if they feel that I don't have a valid reason? I have tried to find out my LEA's approach but their relevant literature doesn't cover this, it just goes on about how much the LEA discourages in year transfers as it is disruptive to the child.

Sorry for long post but I am going crazy knowing what a rare gift a vacancy is and feel sick that it is up the current head to decide whether I stay or go.

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Charis2 · 24/09/2015 23:28

no, they can't refuse to sign

Charis2 · 24/09/2015 23:30

Its a child protection procedure, not a controlling destination procedure. When a child moves school everyone has to be kept informed of when and where, and the signature proves that.

It may sound bizarre, but we have had cases where child school moves have been faked, and the child's whereabouts becomes obscured, and that child has been put at risk.

The signing and the paperwork is to avoid this possibility.

chipolte · 24/09/2015 23:36

I hadn't thought of that, that makes sense, thanks Charis2

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teeththief · 25/09/2015 08:04

No they can't refuse. I didn't even arrange a meeting when we needed ours signed, just left it at the office and the HT signed it that day

shouldwestayorshouldwego · 28/09/2015 21:13

We just needed to tell the school in writing and the new school rings the old school hea. I assume that there is paperwork sent around, I am sure that they mentioned a file but we didn't see it.

admission · 28/09/2015 22:59

I am afraid that this is an LA who are attempting to exceed their remit. You can apply for a school place in another school at any time and it has absolutely nothing to do with the current school. You are applying to either the LA or the school (depending on exactly how the LA decide that in-year applications should be handled). By insisting that you as a parent talk to the head teacher of the current school and give the impression that they some how have a right of veto, they are simply trying to make it difficult.

In my school if a parent applies to us we will say to them, have you talked it through with the head teacher of the current school, " because it is sometimes possible to resolve the situation without the recourse of changing schools. However in no way would we impede a parent from either leaving or joining the school.

I would simply go in to school and ask (tell them it should be really) the head teacher to sign the form as you have made your mind up to move your child from the school. If they in any way try to hinder signing the form I would say to him that he is breaking the school admission regulations and that you will report them and the LA to the school ombudsman.

As soon as they have signed the form, I would email the other school involved and say to them that you are confirming that you wish to have the place and that the form is on the way to the LA. Make sure it is by email so that you have a record of time and date because as you so rightly said it is first come, first served.

There is actually another reason that the current school are delaying and the potential school wanting to get a move on. The funding for next year April 2016- April 17 is mainly based on the number of pupils in the school on the 1st October - this Thursday!

chipolte · 30/09/2015 14:24

Thanks for the helpful info.

I got the form signed yesterday but then the Head said it would take time for the secretary to fill in the stats (attendance record etc) so I would have the form back by the end of the week - conveniently after the 1 October date ! I pushed hard to get it sooner - like it takes 4 days to fill in some figures - but the Head wouldn't budge. Suffice to say I am hassling the secretary like crazy to get her to hurry up.

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eddiemairswife · 30/09/2015 14:50

My LA in-year application form has no place for stats. The head signs it and it is then given to the LA by the parent. Sometimes at appeal the panel are provided with the attendance record (by the parents), but it is a computer generated record which doesn't need to be 'filled in'.

admission · 30/09/2015 22:46

The idea that a child's attendance record is being put on an application for a school place is all wrong. Section 1.9G says specifically that admission authorities must not take account of reports from previous schools about children's past behaviour, attendance, attitude or achievement.
By putting the attendance information on the form they are in effect putting an emphasis on attendance and this is not allowed under the school admission code.
Why do so many admission authorities not read the code properly!

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