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Primary education

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Original poster

Head teacher refusing to sign in year admission form - what next?

28 replies

CassandraKumquat · 30/08/2018 14:55

DS has unhappy at school for the past two years due to a very turbulent friendship with a very troubled child who seems to have this grip on him. We have been in for meetings with the teachers and head, encouraged other friendships, helped him learn how to deal with difficult social situations, etc. Nothing has changed. At the end of the school year he finally broke down and asked if he could change schools and we agreed that this would be for the best. He hasn't fully relaxed over the summer, he's so anxious about having to return to school.

We filled in the CMA form for the LA and forwarded it to the head. Head is saying he diagrees that this is in DS's best interests, there's more than can be done, can we arrange more meetings, etc.
So my question is - what next?

I've read on here that the LA is potentially breaking the admissions code by asking for the head's 'permission'. I'm going to ring the LA and I'm expecting them to say that this is their own policy - so what next? I just want to be prepared and know our rights.
Any help would be much appreciated!

OP posts:

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Tomorrowillbeachicken · 30/08/2018 15:31

Deregister him then apply for other school

Original poster

CassandraKumquat · 30/08/2018 16:42

Thanks @Tomorrowillbeachicken I did wonder if I could do this. The CC website says doing this will trigger an urgent visit from the Education Welfare Manager - that sounds scary and even more stress to pile on. The head teachers around here all seem to work really closely together so I'm also worried about pissing them off and getting a bad rep!

OP posts:

Clairetree1 · 30/08/2018 16:44

I changed my DS primary school, I simply applied for another school, then told the first school it was done. ( actually, I think the second school told the first school before I did,) but either way, the first school had no power to stop us.

However, if the head thinks its not in your son's interest to change school, I would listen to him

Original poster

CassandraKumquat · 30/08/2018 16:57

@Clairetree1 sadly all applications are centrally managed by the council here and they state in bold letters "We will not process your application without the signed form from the current head teacher."

I'm just exasperated that DS comes out of school crying yet again only to be told "kids will be kids". We've done two years of this, we can't do another two!

OP posts:

chipsandgin · 30/08/2018 17:02

So tell the Head that it will trigger an urgent meeting from the Education Welfare officer and that you will be taking steps to make a formal complaint about the school and a lot of noise on social media about the inadequate way that your sons situation has been handled by the school. Also perhaps mention that if he is going to be difficult you will consider making a complaint to Ofsted about safeguarding in the school...

Unless he is a total fuckwit I imagine all of the above might make him reconsider signing the form?

Original poster

CassandraKumquat · 30/08/2018 17:22

@chipsandgin thank you! I'm being far too polite about it. I've got to get him out of there, thank you for the push

OP posts:

Clairetree1 · 30/08/2018 17:24

the thing is, every disgruntled parent says the same thing, and heads hear it all the time, and it is very rarely followed through, and when it is, it is very quickly quashed higher up.

So this is just the back ground noise to a school, so no, I shouldn't think this wort of posturing would ever make any head reconsider anything.

Gersemi · 30/08/2018 18:00

Schools and councils aren't allowed to refuse admission if they have a vacancy in the relevant year, so the LA's insistence on a letter from the current school is unlawful. I'd suggest you write to them explaining that the head is refusing without good reason to supply a letter, pointing out that by law they are not allowed to refuse an application for reasons like this, and asking them to confirm that they will process it as a matter of urgency. If they don't confirm it, enter a formal complaint and tell them that you are prepared to take the issue to the Local Government Ombudsman.

If that doesn't work, deregister your child and tell them that you're home educating till you find a new place. It doesn't matter if the Welfare Officer visits, you can point out that the only reason your child is not in school is the local authority's unlawful procedures. They certainly won't prosecute you if you can show you've been actively applying for a school place.

chipsandgin · 30/08/2018 19:37

Oh I do get that some parents make (often unjustified) empty threats and those threats then lose their power if heard frequently. However, in this instance, taking steps sounds justified and might be the only way to change things.

A flat refusal to sign the form is not okay, so it genuinely should be escalated, there is a safeguarding issue if they aren't taking the situation seriously and those aren't threats so much as a notification of what happens next if he doesn't reconsider.

I do have massive sympathy with schools, headteachers (two in my family alone), the strain, endless lack of resources and overabundance of red tape. A very good friend of mine is also one of our LA Child Welfare Officers (and has seen a lot of stuff - a visit from him to a loving home with a child who needs to change schools would not be something for you to be worried about).

Everyone in state education is working against the odds in a difficult environment - sometimes in that environment it might be tricky to see the wood from the trees, or the individual child at risk of mental health issues differentiated against the child of 'that' parent, who usually make the most noise and ridiculous demands about nothing.

OP you just need to make it clear you won't stand down and you are serious and the issue is genuine, that's all - I wasn't suggesting a witch hunt honestly, or empty threats. It's just if he realises you are serious he might take the path of least resistance or at least take your concerns a little more seriously. Good luck!

QuickWash · 30/08/2018 20:24

You remain his parent here, and according to the law, it remains your responsibility to ensure ds is educated either at school or otherwise. Deregister him from the current school and make it clear he will not be returning. Then apply for a place elsewhere and they will have no grounds to refuse. Be assertive, know your rights and be a confident advocate for your son. Don't worry about the professional niceties involved if you know what is right for your dc.

Tomorrowillbeachicken · 30/08/2018 21:49

You are within your rights to deregister and refuse any visits from the council.

Original poster

CassandraKumquat · 03/09/2018 13:28

Thank you to everyone who replied with advice. I was ready to go back to the LA to fight it and/or deregister DS but decided over the weekend to try the head teacher one more time this morning. Funnily enough, he contacted me first! We had a long conversation and, reluctantly, he has agreed to sign the form and 'let DS go'. That last quote riled me but I bit my tongue. I'm just so happy that in a couple of weeks he will be out of there.
Thanks again.

OP posts:

Gersemi · 03/09/2018 13:33

What a pillock. However, it probably really hurt him to give in to a pesky parent, so you've achieved a lot there.

Andromache77 · 03/09/2018 13:38

I'm glad to see that you got the signature at long last. Is there a chance that the headteacher's reluctance was due to the school wanting your child there in order to better "manage" the other child? It seems a bit odd that they would refuse, it's not as if you wanted something out of the ordinary, just a transfer to another school.

sirlee66 · 03/09/2018 13:49

I imagine your DS is a very bright young man and the head wanted to keep him to boost the school's exam stats.

Original poster

CassandraKumquat · 03/09/2018 14:03

@Gersemi that's what I thought! It has certainly put a smile on my face!

@Andromache77 yes I think you may be onto something there. I dread to think what the other child will be like without his emotional punchbag. I think there was also arrogance/pride at play.

@sirlee66 also quite possibly

Thanks again everyone. I'm off to pick up DS and give him a big hug!

OP posts:

fuzzyfozzy · 03/09/2018 14:18

Good news

Gersemi · 03/09/2018 15:45

I wonder how funding works? Could it be that by stringing this out to the start of the new school year the school retains some or all of the funding that follows OP's child?

prh47bridge · 03/09/2018 17:54

Could it be that by stringing this out to the start of the new school year the school retains some or all of the funding that follows OP's child

No. Funding for the financial year is based entirely on the number of pupils the school has when the census is conducted in October. They don't get any additional funding for pupils arriving nor do they lose funding for pupils leaving.

Rosetintedglass · 04/09/2018 05:56

The october head count explains a lot. Had a nightmare changing with school finally insisting we just try out this term and go in dec if thats what we really want.
I chose to move anyway but that does explain alot.

prh47bridge · 04/09/2018 09:15

Just for clarity, in my view (and that of other admissions experts), any LA that insists on getting a signature from the head of the child's current school before processing an application for admission to another school is in breach of the Admissions Code. You can apply for a place at any school at any time.

hibbledibble · 04/09/2018 09:35

I would apply without the signature.

My la also 'requires' it, but I have applied without and they have still processed the form. They admitted to me they cannot actually require the signature.

I don't think our current school head would even refuse to sign, but:

she has better things to spend her time on
applying for the wait list of another school is nothing to do with our current school. We are not applying because we do not like the current school, but due to its distance from our home

OhDearGodLookAtThisMess · 06/09/2018 20:08

Whaaaat? You need the Head's permission to change your child's school???? Since when?

Rosetintedglass · 06/09/2018 21:05

Its not actually permission. The form asks the teacher to explain what the school has done to address the reasons why the parent wants to move the child. It also asks if the child has any behavioural/disciplinary issues/ issue with attendance or punctuality/ SEN needs. The school you wish to move the child to will be made aware of this to inform decisions around whether they are able to offer a place if space is available.

prh47bridge · 06/09/2018 23:21

Its not actually permission. The form asks the teacher to explain what the school has done to address the reasons why the parent wants to move the child

It depends on the LA. Each LA has its own form. In some the form actually asks for the head's permission. Even if it doesn't, it amounts to the same thing if the LA won't process the form without the head's signature.

It also asks if the child has any behavioural/disciplinary issues/ issue with attendance or punctuality/ SEN needs. The school you wish to move the child to will be made aware of this to inform decisions around whether they are able to offer a place if space is available.

If they are doing this it is a clear breach of the Admissions Code. The school is specifically prohibited from taking into account reports from previous schools about the child's behaviour, attendance, attitude or achievement when deciding whether or not to admit. They are also prohibited from discriminating against children with disabilities or special needs. Admissions Code paragraphs 1.9(g) and (h).

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