Appeals and waiting lists for primary schools

[drspouse]

We heard we didn't get our first choice, our second choice is OK but not great for DS and we'd put in specific information about why the first choice would be better but we think they just ignored it.

In our area you automatically accept the allocated school and you have to fill in a form for either waiting list or appeal. So we'll fill in the form but we'll see if we're near the top of the waiting list in which case we probably won't bother appealing.

Anyone else?

DrSpouse, I think you have misunderstood about the appeals process.

Appeals and the waiting list are completely separate.

Your appeal, if you win, will get you a place in the school even though it is full. That is the point of the appeal; to make the point that your child needs this school and an exception should be made for him even though the school is full.

Your appeal will have no influence on the waiting list. The appeals panel cannot direct the LEA to change the category he is in in admission criteria; you need to communicate with the LEA directly on that.

An ICS appeal can only be won on very limited grounds;

• if you show that the admissions criteria are unlawful
• the criteria were applied incorrectly
• the decision not to admit is so unreasonable no sensible person would have made it

Given the LEA didn't have the medical/social information at the time of determining places, you cant argue that he should have been considered under that category earlier. For ICS, the only real hope is to explain the issues around the LEA considering him a LAC, and hope for a sympathetic panel.

Agree with PatriciaHolm. An appeal panel cannot change your child's place on the waiting list. They can only decide whether or not to admit. If your appeal succeeds your child will be admitted immediately. The fact that the school is full is irrelevant.

They are not going to consider him as LAC. We've been over that.

We are in the same position as a family who moved house/had a sibling start at the school since the application deadline i.e. something has changed since we applied which will change our category.

Maybe we should be telling them this new information in some way other than appeal? This is how we were told to present this new information. Someone with a sibling newly at the school wouldn't be given a place automatically I assume? They'd just go higher up the waiting list.

But the appeals panel might consider that they should have considered him a LAC, that's the point. The panel is independent of the LEA, and if you present the timelines of fostering/adoption etc it's possible that a sympathetic panel would say OK, he should have been considered a LAC, so they incorrectly applied the admissions rules. It also possible that the panel would consider his not being admitted as being Unreasonable in the appeals sense. So it's worth doing the appeal, but presenting the case as "should have been considered as LAC, unreasonable not to"

The other medical information should be submitted to the LEA separately.

No, someone with a sibling wouldn't be given a place automatically, they would go on the list. They could of course appeal for a place.

They'd just go higher up the waiting list

Correct but that will happen automatically. It doesn't need an appeal to get them moved up the list.

And agree with PatriciaHolm. The LA may not have dealt with your child as LAC but the appeal panel is at liberty to decide that the LA has got it wrong. The appeal panel is not bound by the LA's decision.

The appeal form asks "why is school A suitable and school B not", but it doesn't ask "what did the admissions team do wrong". So that's what we put.

It would be good if they could decide to treat him as LAC (it has nothing to do with timeline, it's a discretionary matter for each LEA to decide whether they want to include overseas adoptees).

But none of the other overseas adopters have had any success getting this decision reversed in principle on appeal - children have only been given priority when their LEA decides to give all overseas adoptees priority. Some have had appeals granted on social etc grounds but this year's round of primary appeals have yet to be heard - this is all secondary pupils that I know about.

Appeals don't set precedents so don't be put off by the fact that previous appeals have not been successful.

That is poor wording on the appeals form. Many people would take it, as you have, as limiting the grounds for appeal. The LA is not allowed to do that.

An ICS appeal form shouldn't say "why is school A suitable and school B not", as that is irrelevant for ICS. It should lay out the grounds on which you can appeal and ask which grounds you wish to appeal under (I have one right here!)

There's only one form for ICS and Prejudice. It doesn't ask you to say which it is....

So I guess either it must be Prejudice or they decide which it is?! They give you no option to state.

It does say on the instructions that you CAN defer your hearing and it will be for "a few weeks". (Actually, they did give me an August alternative. So if it's going to cost hundreds to get back we could do that).

It is not your decision whether or not it is an ICS case. That is down to the facts. If, when the school is full, there will be classes in Reception, Y1 or Y2 with 30 pupils your case will be an ICS case. If it isn't it will be an ordinary prejudice case. But even for a prejudice case you can still argue that the admission authority has not administered admissions correctly or that they have acted unreasonably.

If the intake is 60, it will almost certainly be an ICS case, but as stated already, you don't get to pick - it either is or it isn't. The form sounds terribly badly designed.

I would get your medical docs in to the LEA as quickly as possible, in order get your son high up the waiting list. Then decide if you want to go through with the ICS appeal (which you stand a very small chance of winning based on proving to the panel that the lea should have considered your son as a LAC; but it is worth a try).

So, as I thought, it IS an ICS case (all classes have, or could have, 30, in R/1/2).

There isn't anywhere on the form to argue they have acted incorrectly. There's only space to say why school A suits your child and school B doesn't.

For any case that is appalling. For an ICS case particularly so. Use the space they've given for saying why school A is better for your child to make your argument that they've made a mistake.

Bit late now, the deadline for the appeal was in April.

You can submit new evidence for the appeal up to 2 weeks in advance. I would talk to the lea, make sure what you have actually is the ICS appeal form, and resubmit.

There really is only one form but I will ask where we were supposed to put that particular info.

Could I message somebody the links for our LEA? There really isn't any other option for a form.

Yep - please do. I'll see what I can find.

Thanks!

Ok so the LEA say we can submit new evidence this week so we're about to do that. This will include the VERY interesting fact we've learned that at least one child in our county (different school admissions office, secondary school) who was adopted from overseas has been invited to apply for priority admissions due to adoption.

yikes. Fingers crossed, drspouse.

If we've got our preferred place through the second/late round of allocations they're sending a letter out today. Will be like a twitchy spaniel at the door tomorrow. Wouldn't be so bothered but the council will absolutely not tell me where DD is on the waiting list.

If it is the same admission authority (i.e. the county council is the admission authority for both schools) evidence of that kind of inconsistency will help you.

Good luck.

As PRH says, if the admissions authorities are the same, then that is definitely something to bring up. If they aren't - if the other secondary is an academy that sets its own admissions criteria, for example - it's not that helpful.

It was the county council that rang the other parent to tell her about the priority so while I will check if it's an academy, it sounds like the LEA is also the admissions authority for this school.

Should I say "as the LEA have set a precedent they now appear to be interpreting this regulation to include children adopted from overseas"? Or something else?

OK the parent in question has confirmed that the school is not an academy - it is however a foundation school. Do they count as their own admissions authority OR are they just able to set criteria and then it's administered by the LEA??

It was definitely the LEA that contacted the parent, not the school. I think they'd put different preferences till they were contacted.