School In Year Application Sibling Policy

[AnnaGB]

We moved house during the summer and applied before school broke up to have our children admitted to our nearest local primary school. Before the end of the summer term one child (KS2) was offered, and we accepted, a place. A place in younger child's year (KS1) was offered during the summer holidays to another child without a sibling at the school so a lower priority. Sibling priority for school says "A child will be given sibling priority if they have a sibling on roll at the school concerned and that sibling is still expected to be on roll at that school at the time of the child’s admission."
So I am not clear what 'on roll' means as elder child hadn't started the new school but was enrolled to start in September yet we were not considered as having sibling priority.

My understanding is that sibling priority does not apply until the sibling has actually started at the school, they are not considered "on roll" until then

How sibling priority works is up to the admission authority. Some will give priority provided the sibling has a place, some won't give priority until the sibling has actually started at the school. In this case the admission authority uses the expression "on the roll" which is not as clear as it could be. The Education (Pupil Registration) Regulations suggest that a pupil is only included in the admissions register from the day they are expected to start school. One might assume the pupil is therefore not on the roll until they have started. However, some legal experts argue that a child is on the roll from the point where an offer is accepted.

If you are concerned I suggest you appeal. I would regard it as a long shot so don't build up your hopes but an appeal panel may agree that your child should have been given priority.

"The law requires all schools to have an admission register and, with the exception of schools where all pupils are boarders, an attendance register. All pupils (regardless of their age) must be placed on both registers. The proprietor of a school who fails to comply with these regulations is guilty of an offence and can be fined.

Contents of Admission Register
The admission register must contain the personal details of every pupil in the school, along with the date of admission or re-admission to the school, information regarding parents and carers and details of the school last attended.
Expected First Day of Attendance
Schools must enter pupils on the admission register and attendance register from the beginning of the first day on which the school has agreed, or been notified, that the pupil will attend the school. For most pupils the expected first day of attendance is the first day of the school year." <a class="break-all" href="https://www.google.co.uk/url?sa=t&source=web&rct=j&url=www.education.gov.uk/consultations/downloadableDocs/Advice%2520on%2520School%2520Attendance%2520-%2520Final.docx&q=regulations%20school%20roll%20enter&ved=0CBoQFjAAahUKEwjY1NLTqJTIAhVMNxQKHft3CGY&usg=AFQjCNEYy5EP4eiBw8C5LzLvZeNeTFnR_g&sig2=GPCMuqwzNueJmFL8C53vZA" rel="nofollow" target="_blank">Government guidance

If you had wanted him to count for admissions purposes, he would have had to start by the end of last term.

Whoops sent too soon! So please any advice on whether we should have been considered as having sibling priority? How much information would I need if we go to appeal? There are no primary schools with places within a 5 mile radius of our new house and my little one is leaving home at 7:30am to go to school near our old house more than 20 miles away. Normally calm and rational but feeling sick with worry about how long it might take to get a local school place.

Thank you all so much. Really helpful. What would be the best way to present an appeal? If admissions procedures are correctly followed and schools locally are over subscribed and even with sibling priority I am not first on the waiting list do I just have to wait it out? I know we are not the only family in this situation with children still at schools miles away even though families have moved out if the area. As an infant my youngest is spending over 2 hours a day travelling to school. Can infant class size be breached in these circumstances?

If your child would not have been admitted anyway there is nothing for you to appeal on the sibling issue as it hasn't stopped your child getting a place.

If the journey is over 45 minutes each way you could try appealing on the basis that the decision not to admit was unreasonable given that there were no other schools in a reasonable distance with places available. If the panel agree that would allow them to admit in an ICS case. It is worth a try but I wouldn't hold your breath.

Yes, bear in mind that you could be offered a school several miles away with paid transport.

Our school has just been forced to beach infant class size to admit a reception child whose family moved to the area over the summer. He had no school place though. There other children on the list who have a place miles away whose appeals have failed.

His 8yo sister is still without a place (I dont understand that either)

Thank you all for your replies. The reality is setting in that our situation may go on for some time. I feel like I have badly let down my youngest by not pushing the Admissions Authority for a summer term start when the sibling place became available in early July. It took some time for the offer to be made (3 weeks) and almost 3 months for them to write to acknowledge the youngest school application and advise there was no place available and we had the right to appeal.