Appeal advice

[NocturneGmajor]

Following marital break down I have moved back to my Dads house and requested in year transfer back in June for DD 7 and DS 6. I will need Yr 3 and Yr 2 places in September.
Unfortunately the only school which would have places for both is 6 miles away.
Ive been offered two different schools for each child near me.
I’ve been advised to accept the Yr 2 place for my son and appeal for my daughter to get into Yr 3 at the same school.
I am currently on benefits and can’t afford breakfast or after school clubs. I don’t have a car so even if I could afford breakfast club there are only two buses to my Yr 3 daughters school 6.15am or 10.30am. It’s over 2 miles away so about 45 min walk for us all. Logistical nightmare. Plus of course I’d like to keep the two children together especially with family break up.
Can’t see how I can get my daughter and son to different schools before the appeal hearing , apparently end of September.
Went to citizens advice they told me if I don’t put my daughter in school I would be looking at a custodial or alternatively I could come off benefits and home school!!
Do you think I stand a chance at appeal?
Maybe I should accept the school 6 miles away, cost of getting there but at least keep us all together?
Is there any financial assistance for after school clubs? It’s going to be such a long day with so much walking and early starts for little kids..

No but there is free transport if they are placed at the closest school and it’s 2miles +.

Ahh, yes it’s just over 2 miles at 2.1miles according to google maps. Is it the school who provide this transport? Do I wait until September and talk with the school?

No it’s the LA. We get a bus pass sent for DS. They’ll have a school transport system that will help you.

Not system, department.

Thank you I didn’t know that I’ll contact them tomorrow

Whilst your personal situation is clearly difficult, that isn't really a consideration at appeal. As you are appealing for Y3 and there don't appear to have been any mistakes on the process you need to show that the disadvantage to your daughter from not attending this school outweighs the problems the school would face from having to cope with an additional pupil. Your case must therefore focus on things that disadvantage your daughter rather than things that are difficult for you. Transport and childcare issues don't generally win appeals. You can bring them up but don't spend too much time on them as most appeal panels won't take them into account.

You need to find things the appeal school offers that are not available at the allocated school and that are particularly relevant to your daughter. For example, if she is musically talented and the appeal school has more musical activities than the allocated school you should make that part of your case.

I think that the advice you have been given is the sensible option, you are very unlikely to be able to win a year 2 appeal, especially if it is an infant class size case. The obvious way forward is to accept the place for your year 2 child. As soon as you accept that place you need to get your year 3 child on the waiting list for the same school (if they have such a thing). Depending on the school admission criteria, you might find that with the place being accepted for the year 2 child, that the year 3 child gets a higher priority on any waiting list the school has.
You need to check and find out what is the exact method of your year 3 child getting any place that comes up - there is a possibility that other parents will be withdrawing their child from the school from year3, so places become available. Different areas work differently on how in-year places are filled, so do have waiting lists, others just rely on who applies at the right time when a place becomes available - which means speaking to the school every week.
I think that the Citizens Advice service is giving you a very skewed version of what will happen. Yes if your year 3 child is out of school for a long period of time then some legal action will be taken but, in my opinion, if you are appealing for a place then it is unlikely in the short term, social services or the EWO service will take any legal action.
PRH is correct in saying for any appeal you need to focus on things that disadvantage your year 3 child. You should, if appropriate, include your current marital issues and any effect this is having on your children and their need to be together in one school. This on its own is not going to be enough to secure a place at the school but it is a matter of building enough of a case to overcome the prejudice to the school of having to take another pupil.