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Primary education

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Original poster

Infant class size appeal help

18 replies

Jordsbellesbills · 11/05/2019 18:04

My son did not get into my daughters school. I found out after that the reason was the criteria had changed and this now means siblings only count if they leave within the catchment. They updated this criteria the year when my daughter started. They school did not update their website in which I followed therefore didn’t know about the new criteria which has left me in a mess as my daughter is already settled and now have to take my son to another school which is impossible to be on time.

The council are saying I ticked the box saying I read the terms and conditions when I applied so I should of knew the new criteria, however my argument is I read the schools website admissions criteria which stated something else where my son would get a place being a sibling and then overlooked the admissions criteria in 40 page document as I had already done my research.

Chances now I won’t win an infant class size appeal even though the school give us the wrong information, the council are saying I should of read the councils website. What are my chances?

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Patchworksack · 11/05/2019 18:06

If they applied the criteria correctly, not good, I'm afraid. Do you know where you are on the waiting list?

Hoppinggreen · 11/05/2019 18:07

What would you have done differently if you had known about the change?

CloudRusting · 11/05/2019 18:08

Does your council not produce a booklet online with all school admissions criteria in? Was it correctly described in that? I would expect that would trump the school’s own website.

MoreSlidingDoors · 11/05/2019 18:10

You make the application via the LEA. They expect you to read the terms that they have published. That’s what you said you had done. Simples.

ourkidmolly · 11/05/2019 18:10

It's definitely worth a punt. Do you have evidence that they didn't update documentation on website? It sounds really unbelievable that a school wouldn't inform parents if a such a big change in an admissions criteria.

Russell19 · 11/05/2019 18:56

Legally the correct up to date admissions policy should be on the school website. If you have proof it isn't/wasn't then use that as the main grounds of appeal.

But...as a pp said, if you'd have known what would you have done differently? I'm guessing you moved out of catchment?

spanieleyes · 11/05/2019 19:02

Surely if you had the correct information, you wouldn't have applied so I'm not sure how appealing on the basis that " I should have known I wouldn't get in " would work

Original poster

Jordsbellesbills · 11/05/2019 19:20

The council did have correct criteria but the school didn’t and that is what I read. Number 37 in list

OP posts:

Original poster

Jordsbellesbills · 11/05/2019 19:21

I wouldn’t have put my daughter in a school my son couldn’t get in.

OP posts:

Original poster

Jordsbellesbills · 11/05/2019 19:25

Sorry I should be clearer. The criteria used to state and still does in the schools website and I do have prof of this that sibling get preference. So last year they changed it to siblings within 1.6km (I am 1.62km so 2 houses out of catchment). However the school failed to update website in which I read so always was on the understanding this was the correct criteria.

I would never of put my daughter in a school where my son could not get in. I have not moved.

OP posts:

PatriciaHolm · 11/05/2019 19:38

The admission authority for the school should have consulted on the changes to the admissions criteria well in advance of changing them, and must publish the criteria on their website; if the school is an academy it is its own admissions authority, if it is still a maintained school then it is the Local authority that is the admissions authority.

If the latter is the case, they have complied with the admissions code by publishing the criteria on the LA site. The school are at fault for not updating their documents on their own website, but that's not contrary to the admissions code in itself as they have no obligation to publish them; in reality that is unlikely to help you in an ICS appeal assuming the criteria themselves are compliant with the code and were applied correctly in your case. You can argue it was misleading, but it isn't going to win an ICS case I'm afraid.

If they are an academy and hadn't updated the criteria then they have not complied as they must publish the correct criteria; are they an academy?

prh47bridge · 11/05/2019 20:26

Agree with PatriciaHolm. If this is a community school or a VC school the fact that they had the wrong information on their website is unfortunate (to put it mildly) but is not a breach of the Admissions Code. If it is an academy or VA school having the wrong information on their website is a breach of the Code.

Russell19 · 11/05/2019 22:41

Ohhhh I'm just wondering though.... about a few points. How did your daughter get in if you were out of catchment before? You said you wouldn't have sent your daughter if you'd have known your son wouldn't get in. But if the rules changed after your daughter started you would have never known that anyway.....

AnonymousMugwumpery · 12/05/2019 07:53

The admissions criteria should say which academic year they apply to, so if they were out of date it is obvious.

I wouldn't hope for much chance of success on this. Where is your son on the waiting list?
If you say they changed last year and that they changed the year your daughter started, then you may feel it is better to move her now too as she must still be in infants - have you looked into if there is a place available at the school your son got?

Pud2 · 12/05/2019 10:41

Even if you could prove that the school had made a mistake I’m afraid you still wouldn’t win as the mistake hasn’t resulted in your child not getting in. He wouldn’t have got in anyway.

LIZS · 12/05/2019 11:11

Surely if the criteria changed when your dd started it could not have affected your decision to send her there. I don't see how you hope to win. Are out of catchment siblings treated ahead of other distance based criteria? Did any catchment non siblings get in?

prh47bridge · 12/05/2019 11:14

The admissions criteria should say which academic year they apply to, so if they were out of date it is obvious

They should but sometimes schools don't put a date on them, so it may not be obvious. And, even if there is a date, if the school is its own admission authority and these are the only criteria published on its website it is reasonable for parents to assume they are still current.

He wouldn’t have got in anyway

I don't know how you arrive at that conclusion. From the OP it is clear that the school used to prioritise all siblings. If they continued to do so as per the admission criteria on their website her son would have got a place. The her son missed out because they only prioritised siblings in catchment. If they were wrong to do so because they had failed to comply with the requirements of the Admissions Code, the mistake clearly has resulted in the OP's son not getting a place to which he was entitled.

PatriciaHolm · 12/05/2019 12:11

This pivots entirely on whether the school are their own admissions authority. Without knowing that there is no way of saying if they have broken the Admissions Code. if they have, then I agree with with PRH (as ever!): the OP has a clear case as they should have been using the criteria on their website.

If OP wants to PM me the school name I will happily take a look.

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