prh47bridge / Admissions / PatriciaHolm - help please!

[Playdohonmysocks]

Hello all,

Please can you advise on this situation?

Found out we're number 10 on the waiting list (not great I know when it's a class of 30)

And it's 2 weeks until the deadline for appeals.

The LA have told me that 3 appeals have been lodged already and although I've been told all parents are treated equally until deadline day ... is it likely they will get seen 1st, 2nd and 3rd on the day?

Just concerned I need to get my appeal in asap so I'm not pushed further down the list ... as I'm guessing if they give a place to the 1st appellant that's it for the rest of the parents?

Thank you in advance!

Hi there

If multiple people appeal, then ideally all appeals are held on the same day.

Decisions on who to admit are only made once all appellants have been heard, not as appeals are heard one by one, so there is no advantage/disadvantage to where you are on the day.

However, if you appeal late and are heard after the bulk of appeals for that school are done, you may be at a disadvantage as the first round of appeals may have resulted in some children being given places - meaning the school is now over PAN already when you apply, so the barrier to proving disadvantage to the school is less than disadvantage to your child is potentially greater.

So if you want to appeal, ideally do it now so you will be heard on the same day as the others.

Thanks @PatriciaHolm

In your experience, when it comes to ICSP cases, where the parents are appealing that not offering a place is more detrimental to child than school, which usually rate higher?

1. Siblings out of catchment - obviously the sibling link
2. Catchment children without siblings - obviously they've bought in catchment

Thanks again

If it's as ICS appeal and all places are full, then balance if prejudice does not come in to it.

Appeals would be successful only if admission arrangements did not comply with the admissions law or were not correctly and
impartially applied and the DC would have been offered a place if the arrangements had complied or had been correctly and impartially applied.

Or if the decision to refuse admission was not one which a reasonable authority would have made in the circumstances of the case. The threshold for this is high - things like child protection issues.

The ranking of the entrance criteria will be in the published order. That will not be relevant at appeal, unless the order is unlawful (eg not having LAC first). Is your case that your DC was placed in the wrong entrance category?

Hi @meditrina

As far as I'm aware there are no lawful reasons but I do know errors have been made in the past and that children have been accepted at appeal over the PAN of 30.

Admittedly most years have accepted 30 or 31 but there was one year where 36 children were admitted.

I do not believe my child was placed in the wrong category and I know it's a huge long shot that I'm appealing ... but I've read a few peoples experiences that offer tiny glimmers of hope so I'm going with the view that I have to try all angles to keep my children together at the same school.

Everything crossed!

Past errors are not relevant. What matters is whether there have been any errors this year. If there were no errors an ICS appeal should fail. That doesn't necessarily mean it will fail but you need to be realistic about your chances of success.

Even in an ordinary prejudice appeal, the panel don't care about siblings or catchment. The question is who has made the best case that their child needs this school. Having a sibling at the school does not in and of itself show that the child will be disadvantaged if not admitted. Similarly, being in catchment does not mean the child will be disadvantaged if not admitted. In both of the scenarios you state, if that was the only evidence offered I would expect the panel to find that the parents had failed to show their child would be disadvantaged if not admitted.

@prh47bridge - thanks for the honest update - my husband keeps telling me I need to be more realistic

Would you at all mind if I sent you a private message?

Infant class size appeals are near impossible to over turn as the legislation settings the pan is almost stronger if you like then the panels powers to admit.

Local authorities are very careful when determine allocations especially for primary as errors can result in serious impacts on the school eg the school having to employ an additional teacher, find class room space etc

There's no harm in appealing if you like but there always seems to be a lack of realism for parents until then sit in the appeal and hear the schools case then it dawns on most and they get upset

Good luck whatever your decision.

Ah yes sorry, I had forgotten your appeal was ICS. As such you aren't making any argument about detriment.

Previous appeals being won is irrelevant as well I'm afraid. It's all down to whether you can persuade the panel that the decision to admit was "unreasonable" - that no reasonable person would have made it. Realistically I think that's very unlikely I'm afraid.

I wouldn't mind at all if you want to send me a PM.

Whilst the appeal might be an ICS Appeal and the only realistic way to win an appeal is if a mistake has been made, you do need to be realistic about the appeal but you do need to appeal because that will be the only way to be sure that no mistake has been made. As you have a sibling in the school, I believe, then I would absolutely appeal.

I have been involved in ICS appeals where it was only when the panel starting asking some pointed questions that it became obvious a mistake had been made, none of the appellants had a clue that there was a mistake when they came to appeal, just a wish to try their best for their child.