Appeal due to catchment changes

[Shiggley]

Hello all. Occasional reader but first time poster.

Thank you to all the posters who take the time to post useful information and to anyone who may to be offer helpful comments or advice on our situation set out below.

There are 3 primary schools in our catchment area and we did not get into any of them for distance reasons.

There is a statement on the website for one school stating that the catchment areas for the 3 schools were combined in 2018 and that if "parents use all three choices this should give parents a higher chance of obtaining a place at one of the schools".

This has not been the case for our 2nd choice school as the changes have meant we have a much lower chance of obtaining a place. The distance of last child allocated gone from 2.090m (2017) 1.826m (2018) 1.318m (2019) 0.723m (2020). At 0.950m we are 4th in line but would have easily got in the three preceding years.

The catchment area for our 1st choice school has remained largely static over the same period.

We have read the School Admissions Code and feel there may be some grounds for appeal although we are not experts and accept the barriers are very high. We also worry that, due to COVID-19 appeals might be brushed over this year.

We have not been able to nail down the exact consultation requirements for the catchment changes but we do not feel that we were consulted effectively (or at all) and this denied us the opportunity to make an informed decision on moving house. We did not know about the changes and that their impact has been the complete opposite to the statement on the school website. I'm not sure if there is an expectation that parents of two year olds should be actively monitoring the internet for such changes or it is reasonable to expect to receive a letter?

Our second ground of appeal would be SEN related. We have a referral letter but have been constantly told the process would take a long time due to number of referrals so we are not at the EHCP stage. We are struggling for standout reasons here other than the schools impressive SEN policy. Pre and after school clubs and really interesting and varied outside play area that he would love and would help him with sensory issues (yes we know these are not particularly unique features) but are struggling to come up with anything else other than reasons we know would not be considered sufficient grounds - he struggles with new surroundings and people and has many friends going to this schools, location, childcare, balance with work etc

Any thoughts on the above would be gratefully received (we have already reached the acceptance stage) and feel the outcome of our appeal is already a foregone conclusion…

Thanks.

No, it is not reasonable to expect a letter telling you there is a consultation going on. They have no way of identifying all the parents of 2- and 3-year old children in their area. They would have put it on their website and may have put a notice in the local paper. They should also have contacted the LA and other admission authorities in the area. If they did that they are likely to be in the clear. Even if they didn't consult properly, it is unlikely you will win your appeal on these grounds.

If this is an infant class size case your SEN argument is unlikely to fly. If you can make a strong enough case around SEN and you get a sympathetic panel it might work, but only if the panel is willing to break the rules for you. If it is not an infant class size case this argument stands a better chance of working.

If you get an EHCP, however, you won't need an appeal. You will be able to ask for your preferred school to be named on the EHCP and they will then have to admit your son despite the fact they are already full.

Thank you or the response.

I've since received a letter from nursery which is highly detailed in relation to SEN but ultimately it just says that the consistent approach of attending a school which is part of his usual routine would benefit him greatly.

I think Covid-19 means any possibility of an EHCP before appeal deadline is out of the window.

I plan to ask if the

Can you clarify how they changed the catchments and why that meant you were less likely to get a place? I wonder if you are mixing upa catchment area with furthest distance admitted. The furthest distance will vary based on numbers who apply and will change over time e.g. if the school becomes more popular, more houses built, more siblings one year. If you are still in the catchment and relatively near, I wouldn't have thought that alone would impact on your chances. I assume the statement about applying to all three schools is just to stop people only putting one school on the form in the mistaken belief it will force them to give you that one. If you put all three, your chances are obviously increased as your second or third choice might have more spaces. Obviously this hasn't worked for you and must be very frustrating.

It is going to be difficult to get an EHCP in time if you don't already have an application started, but definitely worth talking to the nursery. You also have the right to apply yourself, although it's better if the nursery do. Good luck and fingers crossed for the waiting list.

I am afraid that you unfortunately seem to be in one of those areas where the level of new housing is moving much quicker than available school places. The comments on the school website do not constitute reasons for a successful appeal and there is a high probability that because of admission numbers that any appeals would be infant class size reg cases and therefore very difficult to win.
The other thing to say is that admission appeals will definitely take place but that the exact way they will happen will differ from LA to LA.

Neither of these reasons will be valid.
There is no ehcp. So that's also a moot point. The ideal characteristics you believe your child would benefit from are the same ones that many children living closer to the school would also benefit from and given the sen needs won't be recognised this will just look as explaining what you liked. Rather than a little need.
My personal advice is to join. the waiting lists for the schools you prefer and look at the school offered website etc if you didn't visit and would urge that you accept or at least ring other local schools and see if they have vacancies atm, if they would be preferable.