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Original poster

Faith school refusing place

44 replies

Coldilox · 07/05/2019 19:51

Questioning on behalf of a local mum. They didn’t get any of their choices and weren’t happy with what was offered, so started looking around at others. A local Catholic school has 15 vacancies. Mum is a baptised Catholic, but does not practice, Chad is not baptised. They asked for a place and the school are not outright refusing but basically telling her that they won’t accept a non-baptised child, and telling her she should appeal her original choices instead.

Can they refuse a place? Other children (ie not Catholic) are in last position on their admissions criteria (number 8, just after other children that are in LAC or previously in LAC, nice!).

OP posts:
HarveySchlumpfenburger · 07/05/2019 19:53

If it’s a state school they can’t refuse a non baptised child. They can prioritise baptised above non-baptised, but if there are spaces available and someone applies they have to offer the place.

Original poster
Coldilox · 07/05/2019 19:55

Thankyou. Do you know if that is written in the admissions code somewhere?

OP posts:
katienana · 07/05/2019 19:58

That doesn't sound right, I would look at the school website as their admission criteria should be on there. Many Catholic schools have non Catholic pupils in ky experience.

Ted27 · 07/05/2019 19:58

do you not think Looked after children should have priority then ?

AnyoneButAnton · 07/05/2019 20:02

They can’t refuse her if they have space, but they can state that families are expected to be on board with the Catholic ethos of the school and ask them to sign up to a set of school rules at inception. I’m not sure that they can legally prevent her from withdrawing her child from collective worship and RE, but they could certainly make life uncomfortable (especially if she’s “living in sin”). But if she’s happy to go along with the Catholic ambience then she should stick to her guns. Her taxes are paying for the school after all.

AnyoneButAnton · 07/05/2019 20:03

I assume the OP’s problem was with non-baptised LAC children being shoved down in 7th position out of 8 Ted.

Original poster
Coldilox · 07/05/2019 20:03

Ted, I do, but I think all looked after children should get priority. This school has baptised looked after children in spot one, and all other looked after children in spot 7, prioritising Catholic children above them

OP posts:
FriarTuck · 07/05/2019 20:05

do you not think Looked after children should have priority then ?
This ^^ !
Of curse they'll be bottom of the list. They prioritise Catholics (being a Catholic school!), children with siblings there already and children who've had a shit time in life. As it should be. If they were that fussed they should have prioritised their religion..... Hmm

Original poster
Coldilox · 07/05/2019 20:06

She is happy with a Catholic Education. But they seem not to want a non baptised child.

OP posts:
MenuPlant · 07/05/2019 20:08

If they are state school and not oversubscribed then their list will go down through looked after Catholic. Other Catholic etc then at end will be other children on distance probs

The conditions are published on council site just have a look

MenuPlant · 07/05/2019 20:09

So if there are spaces and no waiting list then they can't refuse surely

Original poster
Coldilox · 07/05/2019 20:10

I have looked. Other children (ie non baptised, non catholic, non looked after) are on the list, in 8th place, at the bottom.

They have 15 vacancies. So I figure they should allow those vacancies to whoever wants one. But they are saying to this mum that they won’t take her daughter as she is not baptised. I think this is illegal but can’t find it written anywhere.

OP posts:
Original poster
Coldilox · 07/05/2019 20:11

And yes it’s a state funded school - VA I think (that’s what most faith schools are, AFAIK).

OP posts:
MenuPlant · 07/05/2019 20:11

Talk to council school admission people then

They can't turn away children if they have spaces and no list

Otoh if they are being like that, is it going to be a nice school at all

HarveySchlumpfenburger · 07/05/2019 20:12

I think it probably is written into the admissions code but I’m not 100% certain.

15 does seem like a lot of spaces. Are they all in one year group? Is there a reason for that?

HarveySchlumpfenburger · 07/05/2019 20:16

It is in the admissions code.

15d If a School is undersubscribed, any parent that applies must Ben offered a place.

That ‘must’ is legally binding and apples to all schools wheher they are academies or LA schools.

Original poster
Coldilox · 07/05/2019 20:16

They have approached the LA who have referred them back to the school.

I agree, I wouldn’t be happy with this attitude but it’s not me, am just trying to assist.

I don’t know why so many vacancies. They are usually oversubscribed but not this year.

OP posts:
RandomMess · 07/05/2019 20:18

I wonder if they want to do a mixed class and if they keep 15 spaces they can merge and stay within numberS?

Original poster
Coldilox · 07/05/2019 20:18

Thanks Rafals

OP posts:
MenuPlant · 07/05/2019 20:19

LA need to intervertene if school is not following the law I'd have thought

Lougle · 07/05/2019 20:21

1.6 The admission authority for the school must set out in their arrangements the criteria against which places will be allocated at the schoolwhen there are more applications than places and the order in which the criteria will be applied. All children whose statement of special educational
needs (SEN) or Education, Health and Care (EHC) plan names the school must be admitted. If the school is not oversubscribed, all applicants must be offered a place (with the exception of designated grammar schools - see
paragraph 2.8 of this Code).

Faith based oversubscription criteria in schools designated with a religious character
1.36 As with other maintained schools, these schools are required to offer every child who applies, whether of the faith, another faith or no faith, a place at the school if there are places available. Schools designated by the
Secretary of State as having a religious character (commonly known as faith schools) may use faith-based oversubscription criteria and allocate places by reference to faith where the school is oversubscribed.

1.37 Admission authorities must ensure that parents can easily understand how any faith-based criteria will be reasonably satisfied. Admission authorities for schools designated with a religious character may give priority to all looked after children and previously looked after children whether or not of the faith, but they must give priority to looked after children and previously looked after children of the faith before other children of the faith. Where any element of
priority is given in relation to children not of the faith they must give priority to looked after children and previously looked after children not of the faith above other children not of the faith.

These are the relevant sections.

AnyoneButAnton · 07/05/2019 20:21

Yes 15 is a magic number so I can see why they wouldn’t want to have one more child added to the roll, however observant the family.

Lougle · 07/05/2019 20:23

1.36 As with other maintained schools, these schools are required to offer every child who applies, whether of the faith, another faith or no faith, a place at the school if there are places available.

Is the most succinct section for the situation. Quote that, if necessary.

Lougle · 07/05/2019 20:25

Sorry to post again....

It might be worth lodging an appeal anyway, as it's a bit suspicious that they have 15 spaces. I wonder if they have turned down any children not of the faith in the main round. You could find out their data as part of the appeal process.

HarveySchlumpfenburger · 07/05/2019 20:28

Further down in the section on faith schools it goes on to state that faith schools are required to offer a place to every child that applies regardless of faith if there are places available.

If she applies she can’t be refused a place. If she is she’ll almost certainly win at appeal. Might be worth looking into why so many spaces available.