Do I have grounds for Primary appeal?

[CanIAppeal]

A friend is suggesting I do, but I don’t think so. Hence asking here.

Moved counties after January deadline. Used old address to apply for schools in new county. Thought when we moved could update application with new address but now know that’s not correct.

Got our second choice, but 1st choice is closer and in our village. 2nd choice is in nearby town.
1st choice would suit DC much better (smaller, quieter, more outdoors time). DC being investigated for ASD but no diagnosis or EHCP at this point.

1st choice is oversubscribed for the first time in years, and obviously our 30miles+ distance was too far.
With new address we would have easily got in.

Is there anything I can do apart from accept 2nd and go on 1st waiting list?

Thanks for the help

Can’t see on what grounds you could appeal tbh.

Do you think your child will cope with the school you’ve got? If not you could home Ed while waiting for a place at the school you want.

I’m pretty sure you’ll have to go on the waiting list as you have no real grounds for appeal sorry.

Did you notify the council of your change of address?

In our area there was a cut-off date (mid-Feb) for moving and using the new address.

If you didn’t notify them or there isn’t a procedure for late moves then I suspect you’re stuck, possibly even with your second choice place at risk.

Unless the LA told you they would use your new address it sounds as if there was no error. Assuming the class is full you are very unlikely to succeed at appeal.

What is the PAN (published admission number) for the school?

If it is 30, or a multiple of, it will be an ICS appeal - Infant Class Size, which are only possible to win under very limited grounds (a mistake was made that cost you a place/the decision to admit was unreasonable in a legal sense). Nothing you say here so far suggests either of those things.

When did you move? Some authorities do allow changes up until a certain point. If you were explicitly told incorrectly that you couldn't by the authority, when you could have done, you could possibly argue their error cost you a place.

Was it clear on the website what the process should be? If not there is grounds for an appeal.

Has there been any further diagnosis or assessment of the child since the application was completed? Would any of that back-up the fact that this school is more appropriate?

Having won an appeal recently which I really didn't expect to I can only say that it is worth a try.....but infant class size appeals are very strict.....better to get on the waitlist ASAP.

No grounds whatever

But if you are how very close, perhaps a good chance of getting on from the waiting list.

I wasn’t incorrectly told, but I will check back through the emails.
I was told to update my address when we had proof of the move, and I assumed that would be for the application, not just for correspondence.

It’s a 15 intake year, is that the PAN? It’s a 15 reception, then merged classes thereafter.

Move date was end of March.

I don’t think I have got grounds, but just want to make sure I’m not missing anything.
Home-Ed probably isn’t an option, I need to see how the rest of the year goes at pre-school really to decide if he’ll cope or not.
Thanks again

Ah, it sounds as if it was correct then - end March will be far too late to be accepted as a replacement address for an in-time application.

A PAN of 15 with merged classes after YR will be ICS, as classes in Yr1 and 2 will be 30. So no, nothing you have said so far suggests any grounds for an ICS appeal I'm afraid. Just make sure you are on the waiting list, under your current new address (and accept the other place!)

When is he 5? You may be able to delay his start until the term after he is 5 , if still in this academic year, by which time he may get a place from waiting list or ehcp,

He’s 5 in August - already delayed under summerborn legislation.
We could try and get a y1 start in September, at least right school but wrong year. But my concern about the summerborn thing goes further than primary school.

Just go on their waiting list op - k know of 3 people who negotiate their 2nd choice but so much movement over the summer that they all ended up being offered a place at their 1st choice - one if them was a 15 intake so you might be lucky x

On waiting list and accepted offered place. Just got to hope now. It’s not a very transient location so not holding out much hope!

I have a summer born that I delayed start for. I’d rather have reception start over my preferred school any day.

I’d hope for a waiting list place

@CanIAppeal

He’s 5 in August - already delayed under summerborn legislation. We could try and get a y1 start in September, at least right school but wrong year. But my concern about the summerborn thing goes further than primary school.

You still have time to get an ehcp but it does mean he needs to be in education in September. Maybe speak to the senco at allocated school when it reopens to see how they can support him.

Yeah Coldilox I agree. It was a passing thought, but really not an option.

From your posts there does not seem to be any obvious reason to appeal. With 15 in reception and then 30 in year 1 /2 class it is a future prejudice infant class size case and as such unless you can prove a mistake was made in not allocating a place at the school then you have effectively no possibility of winning at appeal.
You best bet is to accept the offered place and go on the waiting list for the preferred school. Just make sure with the LA that they are now using the correct address, so that you are far up the waiting list as possible.