Infant class size appeal - help needed

[Purplelillies1]

Hi, I have granted an infant class size appeal. I was wondering if there was anyone that could please help me. Some advice as to expect, what to say, I have case but could do with some support/help.
I want to make sure I am fully prepared going in on Tuesday. Thank you

My case is we moved house last July. My 3 year old is the nursery of catchment school but my 6 year old was refused a place due to infant class size. His school is over 8 miles away in very heavy traffic it can take over 45 mins each way. I take him to school then travel back with my 3 year old meaning boys are in car for a very long time. I have been doing this since September but have recently been diagnosed with heart difficulties and being monitored by cardio ( I think it’s due to the stress since last September) also my son has regressed in school and has made no progress in school since September compared with the outstanding progress he made last year. (the school have written a letter confirming this and also the fact he is tired every day) do you think this case would be a strong one. As it is a concern about my sons wellbeing and the fact I am very regularly late to school with my youngest due to the traffic. Thanks

If it's 8 miles away then you should get provided with transport.

To win an infant class size appeal you need to show that either -

• admissions criteria were unlawful
• the admissions authority made a mistake which cost you a place

-the decision not to admit was so legally unreasonable a sensible person would not have made it.

Transport issues are rarely relevant. Presumably you have kept your child at his previous school? In which case free transport won't apply unless the local authority cannot place him at any nearer school (Not just the one you want). Has he been offered a place anywhere else? Have you asked?

On the face of it, you have a very weak case I'm afraid. (I sit on appeals panels, FYI)

The central question here is whether the council has offered you a place at a nearer school. If they haven't your son is entitled to free transport to and from school assuming the shortest safe walking route is over 2 miles. And if the journey consistently takes over 45 minutes you may have an argument that he should have been treated as an excepted child, which would have allowed him to be admitted even if it took the class over the limit of 30 pupils. However, if the council has offered a place which you have rejected I would agree with PatriciaHolm that an appeal is unlikely to succeed.

Thank you very much for you replies - very helpful. The council haven’t offered another place but I know there are spaces at another local school as they are mentioned in the case pack the council sent me but I am terrified for my son as he really does suffer from anxiety and is very shy he has taken a long to time to make friends and he would have to Move school again at some point when a place comes up it could be deterimental to him. I have a latter from his present school to support this? Would this carry any weight?

The simple answer about the letter from your current school is no it will carry no weight in an infant class size appeal. I think you are misunderstanding what is and is not possible in an infant class size case. In an infant class size case it is not a matter of do you have a strong enough case to overcome the prejudice to the other pupils in the school. In an infant class size case, the law says that you can only have 30 infant pupils to one school teacher. The only way that a panel can admit over the 30 limit is in very specific circumstances. The first is if the admission authority have made a mistake and you should have been given a place at the school. From what you have said that seems unlikely. The other reasons, PRH has mentioned the most obvious that could apply to you and that is that the school offered is simply too far away and you should be admitted as an excepted pupil. However you are saying that there is another local school with places and whilst it is surprising that the LA have not offered you this school, at appeal that will mean that the panel have little room for manoeuvre. It does not matter that your present school is 8 miles away and difficult to get to, the case revolves around the fact that there is another local school with places. The appeal panel will not admit because there is another local school you could go to.
I would suggest that you consider whether this other school is possible to get to easily and whether a nursery place is available, as the most obvious way forward would seem to be to go to that school, rather than continue to stress you and your child out going to the other school.