Primary School Appeal KS1

[Rachael575]

Could anyone help me with an impending appeal?
My DD is in Yr 1. She had to go to a different school to her older brother (Yr2) as her year was oversubscribed and we are just outside catchment (which takes precedence over siblings in our area).
The class I wanted her in already had 31 due to twins being the last admitted. I appealed at the time but knew there was little chance of winning due to class size and she went to another local school.

Fast forward a year and my first choice School has lost a pupil reducing their numbers to 30. The LA will still not admit an extra one to replace.
However, we have recently been told that her current school, that last year had 2 reception classes with a full time teacher and TA in each, have now joined the classes together. She is currently in a class of 38 with one teacher, a full time HLTA and a part time TA.
How can this be right when she can’t go to my chosen school that has 30 in the class.
Does this help my appeal? Surely this is perverse? Same local authority the schools are less than a mile apart 😢
Thanks x

Two issues here. The first is around the school having a twin as a 31st pupil. That is quite usual that schools have as part of their admission criteria that if the 30 and 31st on the admission criteria list are twins they will admit both. However they are admitted as what is called a permitted exception, which does not alter the ICS Regs that says 30 to a class operating at all times other than having the 31st pupils there. So when one pupil left, the class still had 30 and the infant class regs meant that there is no replacement of the pupil who left. Only when the year group drops to 29 will a pupil be admitted.
In terms of the other school with 2 classes going into one, the infant class size regs also apply, so whilst they had 2 classes with 2 teachers that was OK. As soon as they join the two classes together with a class of 38 year 1 pupils with one teacher they are breaking the law, they should have 2 teachers. Whether there are two or twenty TAs in the class they do not count, it is only qualified teachers that matter.
Does it give you any help at appeal. Simple answer is no, as the appeal is for the one school and what happens at the other is in-material.

Thanks - that’s what I was afraid of!!

Hi there, I'm also currently having an appeal set up for mid December. We have just moved in UK - end October - and both schools at decent distance rejected us because of prejudice. We have been sent at a distant school - 35 min walk - where they don't have before and after club. We have appealed because of two reasons: first - distance (having a 5 y.o. walk for 35 min since there is no bus might mean she'll be tired when starting school not to mention the stress, since she's a bit afraid of school because she does not speak English) and second limiting parents from working (the school does not have before and after school club and this means one of us can't get a job). I am commuting to Manchester - 1hour trip- so this means my husband will be trapped at home. We had no idea of how complicated this is, since we have literally landed here by chance and were under the impression that distance is what matters - one of the schools is at 1 min walk. It's not our fault we were not here to apply on time...but does this matter in the appeal? What evidence should we bring? What other arguments can we use? Not to mention there are two other schools at similar distance with the one where we were sent that have before and after clubs...I talked with someone from the Office before they sent the decision and she behaved quite odd...told me on the phone we have three options, I explained the job part and that we need before & after school club, she said we should go there to have a chat when we bring the documents, we went there but she did not come down but sent someone over to take the documents and asked us nothing. Any advice much appreciated, thanks in advance for taking the time!

It’s very difficult if the class (KS1 - reception, Year One And year 2) already have 30 pupils.
Unless you can be an ‘excepted child’. www.legislation.gov.uk/uksi/2012/10/note/made?view=plain
I would think as someone moving into the area with no other local school you may have a case for this? Good luck and lodge an appeal straight away you then have time to prepare x

Alex Your work and childcare needs are your responsibility and play no part in the allocation process. The DfE guidelines suggest that up to 45 mins travelling time is acceptable for a primary age child.
If one of the schools with before and after clubs have a space you could go there. Apply anyway, because if they are both full you will be able to go on their waiting lists.

AlexBic for childcare you can pay a childminder to have your child before and after school. If you move mid year within England oR into England it makes no difference - you get a space in the nearest school with a space. It is not prejudice - it is the system used to ensure classes stay at a maximum of 30 for infants. Or a part time nanny share perhaps - both options where I live if two parents work and no other childcare.

I agree, AlexBic that none of the reasons you have given will help you in the slightest at an appeal. For an infant class size appeal (which this will be) you have to prove that an error in the admissions process denied you a place and as you an in year application this cannot apply as all your nearest schools were already full when you applied. You were simply given the nearest school with a place available.

Get yourself on the waiting list for any school that is acceptable as I am afraid given your circumstances you will 99.9% not win an appeal with the case you have given and the waiting list will be your best chance of a place at a nearer school.

AlexBic - I'm afraid I agree with others. You can only win your appeal if the refusal to admit your daughter was unreasonable (the bar for this is very high - in effect the decision has to be completely irrational) or your daughter was denied a place that should have been hers due to a mistake in processing your application or the admission arrangements not complying with the Admissions Code and relevant law. All of this is very unlikely for an in-year application such as yours. The points you put forward are not going to win your case, I'm afraid. It is still worth trying as something may emerge during the hearing, but you need to be realistic about your chances. Sorry.