Any tips for primary school appeals?

[JennyCJP]

My younger son didn't get into the same school as his elder brother (who is currently in Yr 2) as we moved very slightly out of the catchment area and therefore no longer had priority over catchment children. My elder son has been on the SEN register for the whole time he's been at the school due to having severe glue ear (and related speech issues) as well as suspected (although not yet formally diagnosed) asd. We and his teachers feel that moving the older child would impact him significantly emotionally as he doesn't adapt well to change and struggles to make friends. The appeal would be an ICS appeal which I know are very difficult to win. Any tips would therefore be very appreciated!

Sadly I don't think you can use your ds1's medical needs as a reason why his db needs a place at the school. The law will not force you to move your ds1 to another school, that is your choice. In the absence of a mistake by the LEA, you need to concentrate on why this school is right for your youngest child (not his brother and not you).

In reality I would also start looking at how to make a 2 school solution work. And make sure your youngest is on the waiting list for the school, of course.

Unfortunately in an ICS appeal it is not even about making a case that this is the right school for your child. You have to prove that an error was made that denied your child a place in the application process or that the decision not to admit was so unreasonable that no rational person would have made it (usually relating to safe guarding issues. I am not sure any of your arguments would win an ICS appeal although you may get a sympathetic panel, under the rules there is not much they can do.

I had the loveliest, kindest panel who fully recognised the regrettable and problematic situation in which we found ourselves. Their hands were tied however and the panel and the LA personally apologised for their inability to help at that time. ICS appeals are nearly impossible to win unless a mistake has been made.

I agree with pp, you are looking at what mistake was made during the allocation process not the how your elder child may feel about moving school. This would be irrelevant.

Not that you shouldn't try btw. You never know. And some LAs are more lenient imho. Our LA hasn't lost an appeal in years but a friend lives many miles away and they have totally different ICS appeal stats.

As others have said, unless you can show that a mistake has been made an appeal is unlikely to succeed. But you should still try. You may strike it lucky. Something may emerge in the hearing to show that there was a mistake. Even if it doesn't, some appeal panels occasionally break the rules and admit a child even when no mistake was made.

The first thing to establish is what the PAN for the school is, whether this leads to classes in KS1 being 30, and therefore whether this is indeed an ICS case.

Sorry, just reread and seen that you said it would be.

As others have said, give the appeal your best shot, but unless you can unearth some crucial error that deprived your child of a place - and it doesn't sound as if there has been one - you need to prepare for having your children in two schools.

Thanks very much for all the advice. I know we are extremely unlikely to be successful and I am currently trying to sort out strategies for getting both children to different schools at the same time (not very easy!), but we feel we should at least try.