Help with Appeal for primary school in-year admission

[ELNx2]

Hi, we have taken 2 terms abroad and will return home after Easter. We have made an application to rejoin our children's previous school mid-year (at KS2). Our application has been rejected - indeed we were not offered any of our back-up choices, and our children have been allocated a a place at school that we are unhappy with. We are now building a case for appeal and would love guidance from any of you in the know.

We believe that the appeals board will judge based on a.) if application process was properly followed by the council, then b.) if admitting the child(ren) will prejudice other children's access to education due to limited resources, then c.) the child's individual circumstances and how the school is better for them personally.

We are hoping to hear from people who understand how to build a case that meets the criteria. In our specific case, does the fact that the children attended this school from Reception to years 2 and 3 respectively before moving away temporarily have any bearing on how the appeals board will view their application? Certainly for our children it is important - they are worried that they may not be able to return to their friends and the teachers they trust - but does this argument hold must with an appeals board?

Does commutability and the nature of our work have any bearing? This certainly matters for us and impacts our stress levels and the time we can spend with our kids.

Besides this, what are the best strategies for the appeal? Should we focus on the pros of readmission to their old school or the cons of being admitted to another new school (effectively a third school in one year)?

What are the things that build a successful appeals case - what are persuasive arguments and what counts as compelling supporting evidence? Can one appeal on emotional wellbeing and the importance of friendships and stability to support good education for them, or is this seen as subjective and weak argument? Should we focus on the specific offerings of the school, e.g. music and language clubs - provision they might not get elsewhere? Is there any value in having other parents and their teachers /the headmistress write letters in support of their applications?

Thanks so much in advance for any advice on this matter.

@ prh47bridge do you have any thoughts please?

I'm afraid the fact your children attended this school previously is unlikely to carry any weight. You may get lucky and get a sympathetic panel but don't count on it. Similarly, whilst commutability and the nature of your work is important to you, it won't carry any weight with the appeal panel. Letters supporting your application also won't help. If the headmistress were to write a letter in support the panel must ignore it. Does she support your application? And what type of school is it - a community school, academy, VC or VA school?

The first question is whether your application was handled correctly. You mention the nature of your work but you haven't said what that is. If you are service personnel or crown servants you may have an argument that you should have been given special treatment in line with the Government's commitment to remove disadvantage for service children.

The other thing you should do is build up a case as to why your children will be disadvantaged if they don't go to their old school. This needs to be about things their old school can offer them that are missing from the allocated school. Music and language clubs are the kind of thing you should include, particularly if you can show that they are especially relevant to your children, e.g. because they are musically gifted.

Don't be critical about the allocated school. The appeal panel will be independent from the school for which you are appealing but may have ties to the allocated school, so you don't want to risk upsetting them. But it is absolutely fine to say that the appeal school offers x, y and z that are missing from the allocated school.

I think the fact that your children were there before only carries weight if you had to move away for very specific reasons, such as being military personnel etc, or if there were dramatic personal circumstances involved (death of a parent etc) that would mean the children really need stability now.
Otherwise - you decided to move away (for travelling, for a work contract etc), you gave your place up. You have no more rights to it than anyone else

Presumably you knew this was a risk when you took them out. Are they both above year 3 now? Where are your dc on waiting lists?

I would also say, however much you want the appealed for school, please be positive to your kids about the school you have been offered.
After 4 years away, we came back home. Asked for the old school (that my oldest remembered, but youngest didnt), and they only had space for the yougest.
We took the offered school that had a pair of places - a school that is much distrusted in the area, in so much I was fairly certain we would get places in our return, as everyone avoids it.
We didnt appeal, but did make the most of the positives - more relaxed uniform, getting to know more kids, because their old friends would still be there, and there would be new ones, plus a bit of bribery about school lunches!
Yes, there were tears, yes it's not perfect (what school is!?), but a term on I honestly dont think they would move - and yes, friends tell me spaces have opened up, I just havent told the kids!

Transport, chilcare, occupations are outside the panels remit.

They don 't care why you don't want a school.

They want educational, pastoral reasons why this school and no other is the best one for your child.

Forget before and after school provision. No one from that school can provide evidence to support your application.

Still to educational and pastoral reasons with evidence of any need you refer to.

If you are considering mental well being you need professional evidence.
The panel goes on any and all schools being able to cater for all needs unless you evidence otherwise.

You therefore need to think outside the box.

You have to prove their was an error yourself AND that it denied you a place. Just an error is not enough.
You have to prove the process was not legal.
You have to show to refuse a place was perverse.
There are no other r

Reasons

Thank you. This is very helpful!

Sorry - I thought I could answer to individual posts.
Thanks to all of you for these detailed responses. We are not service personnel, but had a once in a lifetime opportunity to take time away from our city whilst still in employment and give our children time to live with their grandparents in another country and experience a different set of Coastal lifestyle opportunities that are not available to them in our home city. There were also mental health reasons on my part for the move (chronic illness related to burnout, stress and the need for distance to empower my staff to step up and run my business with less involvement by me so i could recalibrate work-life balance, which I’ve fortunately been able to achieve through this time away) however, since we are no longer registered with a uK doctor, and my records are in our temporary residence, my UK doctor will not write a reference in this regard.

yes the head teacher is supportive of our application, but we appreciate there is a conflict Of interest there and are grateful you made this apparent.

@cabbageking you mention ‘if you are considering mental wellbeing you must take professional advice’. Can you elaborate please?

We have had a lot of support from other parents and have a list of truthful reasons as to why our old school is the best fit for both children based on specialisms and unique programmes in science, music and languages within the school, along with the fact it is secular and multicultural. We intend to focus on these aspects. But we are genuinely worried about the disruption to our children’s emotional wellbeing and passion for education if they must endure another different school this year and potentially into the longer term.

I appreciate also KittenVsBox point about looking on the bright side. WE will have to if we don’t get our way!

In terms of position on the list, #1 child is in 2nd position, #2 child is in 1st position. If #2 child gets in, #1 moves up, so there is hope in that regard.

Once again, thank you to all of you. Your advice has been invaluable!

It would be a professional opinion on the mental wellbeing needs of the dc to be in that specific school. An appeal would take time, are you already back living locally if you are looking for places post Easter? Most LAs require you to have moved, or be very soon to, before applying. If not the situation on waiting list may yet change by then.

If you wish to introduce a medical aspect, emotional needs, pastoral support due to X reasons, impact of trauma etc. This will be something you have sought medical or similar professional advice for. The professional needs to name the school along with the medical evidence.
Otherwise any school is seen as being able to cater for a child's social, mental, moral, physical, emotional needs.
Nothing about the school you are at or any offered school is relevant.

The panel may consider you left this school of your own choice and the children started at another school and country without any issues unless you can evidence this. Therefore moving school again should be no different.Why does it pose a problem now when it did not before? This is the question I would raise.

I think the children were able to settle here as they knew it was temporary. They have maintained close ties with old friends and frequent visits/ play dates when we Have come back for holidays. We’ve prioritised that contact . The children were clear that they could manage this time away ‘so long as we can be back in X school when we come home!’ The same won’t apply if this return to home city involves another adjustment that may be Permanent. I’m confident there will be emotional and behavioural repercussions, unfortunately. Let’s see.

We spoke to an independent advisor today who was extremely helpful,

Thanks again to all of you for your honesty and sharing experience and expertise. We are more likely to sleep tonight with a clearer idea of what we must do.

I think you are probably more likely to get your kids in via the waiting list if you are numbers 1 and 2 rather than through appeal.

1.We have had a lot of support from other parents and 2. have a list of truthful reasons as to why our old school is the best fit for both children based on specialisms and unique programmes in science, music and languages within the school, along with the fact it is secular and multicultural. We intend to focus on these aspects. 3. But we are genuinely worried about the disruption to our children’s emotional wellbeing and passion for education if they must endure another different school this year and potentially into the longer term.

1. Is irrelevant. Popularity is not a determinant of school place allocation.

1. Could be useful if the specialisms specifically relate to your child. E.g. 'They do music and my child likes music' is weak. 'They have classes in specific instrument and my child has achieved Grade 1 in instrument' - stronger.

The whole mental wellbeing thing is going to be very hard to swing unless your child has special circumstances. Who would want to be separated from friends? But every year, lots of children are disappointed to find that they are allocated a different school.
Being a secular school has no bearing and being multicultural will only have a bearing if your children would uniquely benefit from it (e.g. they are from a minority community and chosen school has children of that community but other school doesn't).

In your position I would always advise that you accept the places offered (and if they are at the same school, be extremely grateful) and then fill in a transfer form in case places become available at your chosen school.
If your children are upset by the move, then it is unfortunate you made them promises you were not in a position to deliver

chronic illness related to burnout, stress and the need for distance to empower my staff to step up and run my business with less involvement by me so i could recalibrate work-life balance

this has nothing to do with your children.

Surely you took the risk when you took the children out of school that they might not be able to get back in, especially if you knew the class sizes.

I'm a primary teacher and I've never known an appeal be successful if the class is full and the application process has been followed. People try all sorts of reasons but if not SEND, looked after, military or religious nature it won't affect their decision. Hopefully someone leaves and you get a space that way x

I'm a primary teacher and I've never known an appeal be successful if the class is full and the application process has been followed. People try all sorts of reasons but if not SEND, looked after, military or religious nature it won't affect their decision

I've helped lots of people with appeals. If we were dealing with an appeal for KS1 it would almost certainly be heard as an infant class size appeal and you would be right. However, this is a KS2 appeal. They are much more winnable.

You only appeal if the school is full.
I sat on an appeals panel before my training lapsed.
There are very few positive appeals but they do happen now and again.

2018/19 success rate was 12.6% for KS1 and 33.6% for KS2, nationally <a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&url=assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826573/2019_Admissions_Appeals_Release.pdf&ved=2ahUKEwiRyKP7odnnAhURVRUIHYdSApEQFjALegQIBRAB&usg=AOvVaw1w_HdcptZkae2b3knGiQZW&cshid=1581965855336" rel="nofollow" target="_blank">Source but there is massive variation between LAs.

We've just successfully appealed for a place for our dd this week. We moved from one side of town to another, applied for the 3 closest schools and all were full so we appealed to her catchment school.

Our dd is yr 5 so we said it would help to be settled before sats and give her a chance to make friends before she goes to secondary.

The school was over PAN but luckily the panel decided it was too far to travel to her old school and there were no closer alternatives that were practical so gave her a place. To be honest we weren't expecting to get in as the school had followed the guidelines we just thought it would be a benefit for her to help her settle in, luckily they thought the same!