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Primary education

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Original poster

Youngest daughter didn't get reception as elder sibling

18 replies

Faz2015 · 17/04/2018 13:30

Someone please advise, my eldest dd has been offered a place at a junior school that we applied for to start in September 2018.

However, my youngest dd didn't get a place for reception at the attached infant school. Instead got a place at my eldest dd's current school(which we will be leaving at the end of July).

I spoke to LA and they have told me that my youngest dd can't even go onto the waiting list under sibling criteria until my eldest dd starts the at the junior school in September 2018.

This potentially might mean, other children who don't have a siblings at the school gets a place before my youngest(as she will be way down on waiting list due to distance) who does have a sibling. What can I do? can I appeal?

I know if my youngest was placed on the waiting list under sibling criteria, she would get a place for September.

Please help!!!

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DairyisClosed · 17/04/2018 13:32

Well I mean of you really wanted to you could threaten to judicial review on grounds of unreasonableness but otherwise I have no idea. They seem to have a process that they ate adamant to stick to no matter how stupid it is.

EduCated · 17/04/2018 13:44

I’m sure the experts will be along, but what do the admissions criteria say about sibling priority? Does it say the older sibling must already be attending?

PatriciaHolm · 17/04/2018 14:38

You need to double check, but it would appear that this LA are one that require the sibling to actually be in attendance at the school at the time of places being allocated; different admissions authorities will do it differently so it is worth double checking what their admissions criteria say about how sibling in attendance is defined.

However, they are perfectly legally allowed to define it as they have, as long as their criteria make it clear.

Would the appeal be ICS? (30 in a class in reception, y1 or yr2)? If so, it will be very hard to win.

PanelChair · 17/04/2018 14:52

As PatriciaHolm says, then - as long as the LEA has adhered to its own policies - they've not done anything wrong.

christinarossetti · 17/04/2018 14:56

If your eldest child is not attending this school at the moment, and obviously won't be until September as it's a junior school, your youngest child doesn't have a sibling in the school, so she can't be put on a waiting list under 'sibling criteria'.

Of course reception aged children who live nearer to the infant school will be higher up the waiting list. That's how admission criteria are applied.

You probably will get a place for your youngest very early on in reception tbh. There's nearly always a bit of shuffling and she'll be a sibling by then. She has a school place locally, so not all is lost.

Not ideal, but as equitable as can be for all local children.

shouldwestayorshouldwego · 17/04/2018 15:20

Is your older dd on waiting list for the infants school, as even if she started at the end of the summer term she might make a few friends and you would be in a good position if there is movement over the summer.

Original poster

Faz2015 · 17/04/2018 16:49

La states that siblings need to attend the school and continue to do so. So I guess they are right in their decision. My eldest is 4th on the waiting list for year 2. Is there any hope if I appeal?

OP posts:

PatriciaHolm · 17/04/2018 16:58

How many children are in the class in Yr2?

If 30, it would be an infant class size case and realistically you have little chance.

Otherwise you would need to show that the detriment to the school of taking in another child would be lower than the detriment to the child of not attending. Wanting your child to go to a school in order to get her sibling higher up the waiting lists really isn't going to achieve that to be honest!

PanelChair · 17/04/2018 17:00

If this is an infant class size appeal then, frankly, there's not much hope. Class sizes are limited by law to 30 children with one teacher, so the acope for winning an ICS appeal is very narrow (essentially, an error has been made which has deprived your child of a place or the refusal of a place is unreasonable in the strict legal sense).

I'm assuming you're moving house. How far is the old school from your new home? You might perhaps be able to persuade the appeal panel that the journey is too long to be reasonable, but that argument would still fall down if the LEA offers a place in a third, nearer school.

PanelChair · 17/04/2018 17:02

Now I'm confused. Has your oldest been offered a place or are they still 4th on the waiting list? You seem to have said both.

ScipioAfricanus · 17/04/2018 17:07

I’m assuming they are 4th on Waiting list for Year 2, but accepted into entry for Year 3 (Junior)? Unlikely to move before then realistically.

PanelChair · 17/04/2018 17:09

Ah, yes. I need a coffee.

SpartacusTheCat · 17/04/2018 17:20

This reply has been deleted

Message withdrawn at poster's request.

Original poster

Faz2015 · 18/04/2018 09:45

My eldest is on the waiting list for year 2. She’s 4th in the list. I was thinking, would it be better if I appeal in September once my eldest starts juniors. That way sibling will be attending the school when appeal is made? Just thinking 🤔 of different possibilities. I will have to do two schools drop off for sometime, which I don’t mind. As long as it’s not for years 😐

OP posts:

PanelChair · 18/04/2018 11:19

It might be better, yes, because saying that the sibling is in the school is stronger than saying that they will be there - the panel will be aware that sometimes things change and children don’t take up school places. That said, this will still be an ICS appeal so you will still be battling the very high threshold to win such an appeal.

Original poster

Faz2015 · 18/04/2018 11:53

I guess it will be worth a try.

OP posts:

drspouse · 18/04/2018 12:46

I thought appeals were all held at the same time of year for Reception entry?

I would put your younger one on the waiting list for Reception and ask where she is - for all you know she might be 1st or 2nd anyway.
Then, if you are OK with this, take a place in Y2 for your elder daughter and move her this term if she gets one (if she's going there anyway there is no real detriment to doing this). That will bump your younger one immediately up the waiting list even without no-shows in September.

And finally either if your elder one doesn't move into Y2 or once the Reception class starts to settle down she'll have even more chance to move up the waiting list in September.

You can either start her at the other school, or keep her home, or keep her in preschool, while you wait to find out if you are still waiting in September. Even autumn term birthday children don't have to attend full time till Jan.

PanelChair · 18/04/2018 13:35

Yes, LEAs usually try to group appeals, but they’d have to be accepted and then heard at any time. The downside of any September appeal is that if any of the main bunch of appeals succeed, the class may be over PAN at (say) 31 or 32 and so the school/LEA will resist the new appeal even more firmly.

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