In year application and appeal

[Danutza]

Hi
I have an in year application for my daughter since February of this year. My daughter is in year 5 and she started going at her current school one year ago. She did not seem to settle into her new school and only made two friends. She started to be very distant and to make up excuses to not go to school in the morning. After 3 months we moved back near to her first school as we were in the position to buy, and we applied to a place to her old school and we were added to the waiting list on place 2. We thought it will happen fairly quick as this was never an oversubscribed school and my daughter was holding onto her old uniform(still does) thinking she will be back.

We are still waiting, my daughter has been bullied continuously by a girl in her class and now by two older girls. She stopped going to the netball club because of this and she pretends that she's sick to not go to school. She is not interested in learning, she did not integrate into the class, she is not invited to parties and is not part of the community as we don't live in the area anymore and I don't drop her off in the morning as I work full time so she is being dropped off by a childminder. She is still invited to play dates and bday parties by her colleagues from her old school and goes to the cubs and dancing classes with friends from her old school.

To make everything worse, I will need to have a hysterectomy (major surgery) at the beginning of next year, which will mean I will not be able to drive for a good 2 months.

I was thinking to appeal, but I do not know what to appeal as I do not have any decision, we are just waiting on the list. I called the council and they keep giving me the same info again and again about the admission criteria and the waiting list. I called the school and they say they do not have any appeal procedure and no available spaces anyway in year 5.

One mum from the old school has told me that 3 children have left since September and they did not take any new children. I do not know if there is a legal maximum number of children per class in KS2, but I do know that they never had 30 children in a class, it was always less.When I call the school and ask them about the number of pupils in year 5 they do not want to release this information to me and they just say they are full.

Now my questions are:

1. Do I have any ground to appeal, and what do I actually appeal, as there is no decision, it's just a waiting list on which we fell from 2nd place in February to 5th place now. In the School Admissions Code it says "d) for applications for in-year admissions

, appeals must be heard within 30 school days of the appeal being lodged." but does not give information on how to appeal.

1. Is there a maximum number of children in a KS2 class
2. Does the school have any obligation to release the numbers of pupils to a parent inquiring.

Thank you

Tell the Schoool Admissions team at the local authority where the school is situated that you want to appeal - they should tell you whether the appeals are organised through the school itself, or via the LA's Statutory Appeals service (it's complete nonsense that there is no appeal procedure but the person you spoke to may have phrased, the school doesn't organise the appeals extremely badly. Or just be ignorant / poorly trained, of course).

If you have filled in an in-year application form then you should have been sent a letter or email to say that the year is full. You then have a right to appeal, so find out whether you should get your appeal form from the local authority or the school itself.
After you have sent in the appeal form you will be sent the date of the appeal and about 10 days before you will get the school's case which must say how many children are in the class.
There is no maximum size for a KS2 class.

Thank you for your replies. I wrote to the LA and got a response from them regarding the appeal. They send me a form to fill in but stated in the email that it doesn't matter if I appeal as each of the year 5 classes have 30 children therefore are full so even though I would have special circumstances there is no space in year 5.

If there is no legal maximum number of children then do I have a case?
Also I still strongly believe that they do not have 30 children in each class but obviously cannot prove as the school will not disclose how many children they have.
Also do I have grounds to appeal with all that I stated in my OP. I believe my main concern is me bot being able to take her to school for 2 months or more and the bullying.

I appealed when my son was turned down for a place at the local primary when we moved house. It was already full in his year (year 5 with 32 children, single form entry) but I felt very strongly that there were children from some distance outside the village attending the school while we lived a few minutes walk away and couldn’t get a place (rural area so no other school within several miles).

Our appeal was turned down. I have to say I think the decision had already been made before I met with the panel. I had to keep driving him back to his old school for two years. I would say appeal, but don’t get your hopes up. Also, be well prepared as I found the panel meeting rather intimidating.

Thanks ShannonRockallMalin for your input and sorry you had a negative experience. They can be really strict and intimidating and this is my worry as well. I don't do well under pressure and so far I feel that the council is very much against me taking this further.

I would appeal on the grounds of my daughter being bullied at her school and nor being part of the community and not having a sense of belonging which I believe it's essential to any child' development. I will try not to focus too much on the distance although this would be important once I have my surgery. I don't really know how I would be able to drive her to school and pick her up after such a major operation. I can only hope they will have some sense in them.

The appeal panel is independent of the council, the chair should ensure that no intimidation takes place. I sit on and chair appeal panels; we do our best to put parents at their ease and to listen sympathetically.

That's good to know @eddiemairswife. Can I please ask if you believe that I have grounds for appeal and if you have any recommendations regarding documentation and proof to present to the panel. It seems like I only have one shot so I need to make the best of it.

You are being given poor information about the school being full. Yes it might be full in that there are 30 in each of the year 5 classes but that is not a reason not to appeal. You have a legal right to appeal and they seem to be trying to put you off by what is being said which is not acceptable.
Please fill in the appeal form. If you have spoken to the current school about the bullying and have any written proof of raising the issue then this can be part of the appeal. You have also said that daughter still goes to cubs, dancing classes and has friends in the school and you should state this. I would also explain that you have moved back to the area near the school you want as the panel will definitely want to know why you want to change school so soon again. Unfortunately the appeal panel will not be able to take into consideration you expected surgery as there is an expectation that you will make arrangements to get you child to school

The appeal will be heard
By the fair access panel
Which is independent. I appealed an in year decision a head ago and won and my daughter was given a place even though they were full. However we did have extenuating circumstance. My daughter is adopted so therefore previously looked after and has severe attachment disorder. This school was the only school in the city that has the facilities she desperately needed
I homeschooled whilst waiting for the panel
Date and the decision.

Thank you @admission for your reply. I do not have any written proof. All my disscutions with the school were by phone. Should I ask them for any letter to confirm? The issue is that I don't want to create a case against the school as they did their best I just want to outline my daughters vulnerabilitiy and how she became a target for the bullies as she doesn't really have friends or any support network in the school. Just yesterday was on the phone with her teacher disscusing another incident involving the 2 older girls but again everything through the phone.

Regarding the clubs and parties that she goes to with her friends from her old school, again I don't have any written proof.

Would it be a good idea to invite my daughters best friend (from dd old school) mum with me at the appeal hearing so she can at least confirm how my daughter is still very much part of this community? Otherwise I can not think of any way to provide evidence of all that I stated.

@HammerToFall thank you for your reply. It's good to hear about positive experiences . I'm happy for you that your daughter got a place at your preferred school

I would try to get something in writing from the school, or even just email, acknowledging the issue. A lot of people cite bullying in appeals but without evidence it's hard for panels to take any note of it (I chair appeal panels too!)

The school also have to give you information you need in relation to your appeal, so tell them you are appealing and you need the class numbers. It will reflect poorly on them at the appeal if they refuse.