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Any advice on appeal for academy junior school

10 replies

redwinerequired · 09/05/2017 18:27

We're appealing the decision as DC didn't get place despite medical evidence being supplied.

As far as I can understand it we have to prove DC is more prejudiced against by not going than the other 30 classmates will be.

I've asked for the net capacity statement but I don't know how to use it and it seems to be an old one as it says PAN is 60 when it's 90 and they've had building work done. Is there any other information I need to ask the school for?

Has anyone done this and won? or does anyone have any advice?

OP posts:
Are your children’s vaccines up to date?
redwinerequired · 09/05/2017 21:21

Bump!

OP posts:
user1471537877 · 10/05/2017 08:07

Hi Red wine, try reposting in primary as the experts are more likely to spot you there

mycavitiesareempty · 10/05/2017 08:09

What's the medical issue and does the school have a social and medical criteria in their admissions policy?

prh47bridge · 10/05/2017 09:10

If the appeal is for a place in Y3 you have to show that the prejudice to your child outweighs the prejudice to the school, not just the other 30 classmates. You can also win if you can show that a mistake has been made and your child should have been offered a place - that would be a stronger case than relying on prejudice. If it is for Reception, Y1 or Y2 this will be an infant class size case which means you can only win if you can show that a mistake was made.

Net capacity assessments don't apply to academies. Their capacity is determined by agreement with the DfE. It is therefore possible that the information you have been sent is old, possibly from before they became an academy.

If the school gives priority based on medical needs you may be able to argue that a mistake has been made. This will only work if the medical evidence is clear that the medical professionals are giving their opinion, not simply repeating your view, and the medical evidence shows that your child needs to go to this particular school. Your child does not get priority for simply having a medical condition. It needs to be something that means the school you want is the only appropriate school, e.g. a child being wheelchair bound needing a place at the only school in the area that is fully wheelchair accessible.

If the school doesn't prioritise on medical grounds you can still use your medical evidence to argue that your child will be disadvantaged if not admitted to this school provided their condition means this is the only appropriate school.

You should also look at things the school provides that are not available at the offered school. If there is anything that is particularly relevant to your child that is worth bringing up at appeal.

Note that you should still make a prejudice case even if you think a mistake has been made. If several children have been affected by mistakes the appeal panel may decide they can't admit all of them, in which case they will have to decide which of the children are most in need of places at this school.

You will receive a copy of the school's case before the hearing. Look for any weaknesses you can use. You will be given a chance to question the school's representative after they have presented the school's case. That is a good time to bring up any weaknesses you have spotted. If you need help with that post an outline of the school's case here and you will receive some advice.

redwinerequired · 10/05/2017 16:40

Argh! I just lost my post.

Yes they have medical/social need criteria under which we applied. They said that the letters given did not evidence unique need.

We have said that they have not given the evidence due care and consideration.

She has ADHD and anxiety which causes problems in her ability to make friendships the school is the only one where the majority of her friends ( 70% of current school year 2) will be attending.

I'm sending in appeal evidence of her behaviour issues, research that shows kids with adhd struggle with friendships and are more likely to be rejected.

Do I need to add anything else to ensure we get a hearing?

Thanks

OP posts:
DawnMumsnet · 10/05/2017 18:01

Hi all,

We're moving this thread over to our Primary Education topic at the OP's request.

Best of luck with the appeal, red. Flowers

redwinerequired · 10/05/2017 18:28

Thanks Dawn

OP posts:
prh47bridge · 10/05/2017 19:05

You will get a hearing. Whether the appeal panel will agree with you is another matter. Your evidence needs to be specific to your daughter. The panel won't give much weight to general research into ADHD. They will give a lot more weight to a letter from a medical professional or similar saying that she needs to attend this school due to her ADHD issues.

redwinerequired · 10/05/2017 20:54

Thanks Prh.

We had letters from paediatrician and a Psychologist. Psychologist is writing another and I'm trying to get hold of paediatrician to see if they will write about the impact this has had on DD.

OP posts:
meditrina · 11/05/2017 07:17

A letter stating there has been an impact on DD isn't what you need.

You need specific letters saying that because of her medical condition she needs particular features in her schooling, and that the appealed for school is the only local place which offers those things.

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