Any appeals experts about?

[HerbsAndStewedRabbit]

I have a few specific questions regarding the appeal process for primary admissions. I would love if anyone knowledgable about all this could help. Thanks.

What are your questions?

And where do you live? Different countries, different processes

I’m in England.
Basically if there is an intake of 30 and I appeal on the basis of health reasons that I wouldn’t be able to get to another school and have a support network of other mums I know at the school I want, what are the chances of the appeal being successful. Before I go paying for doctors letters etc if there’s no chance then there’s no point me paying for letters.

Also does the appeal affect the waiting list in any way. Can I appeal and stay on the waiting list for my preferred school?

Also does the appeal affect the waiting list in any way. Can I appeal and stay on the waiting list for my preferred school?

Yes you can appeal and stay on the waiting list but you need to check how long the waiting list is held. Some only keep names on until the end of the autumn term, others a whole year so you will need to know when you need to reapply for the waiting list. They may not inform you that the waiting list has come to an end either so make sure you have the date in your diary.

on the basis of health reasons that I wouldn’t be able to get to another school Its not normally the parents health reasons that are taken into consideration but maybe someone more knowledgeable will be along to confirm this. If you have a disability/condition that prevents you from taking your child to school then transport can be arranged for the child in some circumstances. You will need your medical evidence for that. Did you not put this information on your original school application?

if there is an intake of 30
If this is reception/yr 1 then its very very difficult to get a successful appeal. The class size is set in law. Theres very few instances they can go over 30 and I'm not sure you have a case based on what you have said so far.

No I didn’t put any extra information in the original application.
Thank you for your help.

Yeah I was thinking the class size of 30 was going to be the crux of the issue . I know people who have appealed other schools in prior years for all sorts of reasons and won but that was for a year intake of 75 so I guess more scope to let some in on appeal.
I shall just pray we get a place based on distance then and make sure we are on the waiting list if not. Thanks

You need to check the admissions criteria for the school very carefully. It is unusual, although apparently not totally unknown, for a parent's health issues to be taken into account in deciding a child's position for admissions. I seem to remember someone ONCE identifying a school where this was the case. Having said that, even in the unlikely event of your health issues being considered, the admissions authority can only act on the information which they have before them at the time. If you have information which should have been provided at the time, it begs the question why you didn't do it then?

Basically if there is an intake of 30 and I appeal on the basis of health reasons that I wouldn’t be able to get to another school and have a support network of other mums I know at the school I want, what are the chances of the appeal being successful

It sounds like this will be an infant class size case. That means you can only win if:

• the admission arrangements do not comply with the Admissions Code and this has cost your child a place, or

• the admission arrangements have not been administered correctly and this has cost your child a place, or

• the decision to refuse admission to your child was unreasonable

Even if your health issues would have moved you into a higher admissions category, the fact you did not put them on the original application would undermine your case. The admission authority can only deal with the information they have in front of them. If you miss out by not disclosing something that is not grounds for a successful appeal.

It is possible that an appeal panel would sympathise with your position and bend the rules to admit your child. However, if they play it by the book I'm afraid your appeal will fail on the information you have given here.

The appeal does not affect the waiting list at all. Appealing does not take you off the waiting list. The appeal panel cannot alter your position on the waiting list. They can admit you immediately or leave you on the waiting list. Those are the only decisions open to them.

You won't lose anything by appealing. If you lose the appeal you are in exactly the same position as if you didn't appeal. So there is no harm in trying. But don't get your hopes up. It is a very long shot.

Agree with PRH that on the information supplied in the posts that you are unlikely to win any appeal. As you did not supply any information about your medical issue in the original admission application, the LA can and will only go on the available information. From what you say that will be on distance and you will just need to see what the situation is in April when places are announced.
If you are not allocated a place at your preferred school, then you have the legal right to appeal for a place but with an admission number of 30, it is an infant class size case, so only a mistake by the admission authority will give you the possibility of a place. Has your medical condition deteriorated since you applied? If so you can certainly bring that up at appeal, but you would need a signed letter from your doctor saying your condition has worsened. Even then you should not win an appeal but you may get a sympathetic appeal panel. You should check whether there is an admission criteria, which says medical or social needs for the school concerned. If there is that would slightly strengthen your argument but the appeal panel should only be working on what information the admission authority had to make decisions on.
I would suggest that you need to be assuming the worst that you will not be offered a place at the preferred school and check out what is possible in terms of getting to another local school in the time you have before the allocations are released.

Ok thank you very much for those detailed responses. I know it will be a long shot but as I can stay on the waiting list anyway I might as well give it a go.