Posted yesterday about my son not getting in same school as his sibling - just found out a child lower down the priority list has been offered a place

[OhForFrigSake]

...just that really.

We're out of catchment but do have a sibling in the school (currently reception will be year 1 when DS2 enters reception). Was not offered a place at the school.

Have found out today that another child outside the catchment who doesn't have a sibling in the school has been offered a place.

Where does this leave me in terms of appeal? It makes a mockery of the whole criteria system.

My son is currently second on the waiting list so was hoping we might get in via that means but wondering now if we'll be able to appeal?

It means they have a special need or looked after or have a medical or social need that your child doesn't have.

You need to check with the council. if it is as you say then it sounds like they have made a mistake that will need to be rectified. However the other child may have been in a higher category for a reason you are unaware of (e.g previously looked after).

Are you sure the child doesn't qualify on a criteria that goes above out of catchment siblings? He could be looked after or have medical needs that you're unaware of.

It's worth asking the question of admissions but they won't be able to give you specifics about individuals.

If the local authority have applied the admissions criteria incorrectly, then yes, you should appeal.

I'm fairly sure that there are no factors such as medical problems etc. The parent has been fairly open about how shocked she was to get in given that they are outside of the catchment without siblings. They didn't even list the school as their first choice.

I have let the council know and they are investigating it so I suppose I will find out in due course.

Geee does this mean child will have place taken from them?

I don't want that Kilmuir and certainly if the child has special needs that mean they come higher up the list I obviously understand that - it's right and fair. But, if my son has been denied a place at the school because the LEA has cocked up, I don't think that's fair at all.

Worth checking. Last year there was a school near to us where the LA mistakenly completely ignored the sibling criteria, and so around 15 siblings missed out on places that they should have got. The school and the LA realised pretty quickly and it ended up with the school taking an extra class for that year. So mistakes are v rare but not impossible.

It's unlikely that, even if the offer was made in error, that it will be taken away for that can only be done so if it is done very quickly (no longer tightly defined, but probably still only a matter of days), so unless the investigation is very speedy it can't happen. And doesn't have to happen at all (because the knock on effects on the school from which that child should have received an offer if the mistake had not happened and what it means for the next school etc all get a bit complicated) because an error which deprived a child of a place is grounds to go over numbers.

If it is this one error, it won't help OP, because the child deprived of the place is the one at the top of the waiting list, and she has said she was at number 2. The class size now being 31, two DC have to leave before they can reoffer a place.

But investigating one mistake might surface others, so it's wait and see.

As someone who went through an appeal last year (secondary, successful) my advice would be to get everything together now if you're planning to appeal, read the book 'how to win your school appeal' and follow guidance in it, especially when compiling your supporting documents, and seek advice from the excellent, knowledgeable advisors on here.

Keep all paperwork, get names of people you speak to at the admissions authority and try to use email where possible so you have written evidence of conversations.

Secondary appeals are very different from primary appeals.

It was only yesterday that we all found out and when I rang the woman I spoke to seemed flustered - she took my details and said she'd contact me in in the next 48 hours. Will be interesting to see what happens now.

I do wonder if they've made an error like this, they've made others this year?

Has the child ever been a 'looked after' child?
Not that it's any of your business (no offence intended)

No I don't think so Owllady.

Yes, the key difference is that for appeals for DC in years R, 1 and 2 most are held under Infant Class Size rules (ie maximum 30 pupils per teacher, so admissions numbers usually multiples of 30, or sometimes 15 if they have mixed year group teaching anywhere in those years)

And ICS appeal can only be won if there was a mistake by the admissions authority that deprived the child of a place, or if the entrance criteria were unlawful (eg giving priority to a group they mustn't, or not giving it to a group they must) or if the decision is so perverse it cannot be allowed to stand (threshold high, eg child protection issues, or child that needs to use a wheel chair being allocated a school where the doors aren't wide enough).

For primary yr3 and above and all secondary appeals, those are ways to win, but in addition there is 'balance of prejudice' ie demonstrating that the detriment to your DC in not attending this school is greater than the detriment to all the other pupils by admitting over the planned numbers.

Did you get a call back op?

Hi there, it turns out the mother of the child who thought she was out of catchment was actually just within the catchment area.

Oh not so good for you sadly. Hope it works out for you on waiting list.