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Original poster

School Appeal

27 replies

B0yMama · 21/04/2021 00:01

Good evening!

We received the results of my sons primary school on Friday gone.

We weren't given any of our choices (first choice catholic school 2&3rd were convenience options). They offered us a totally different school instead.

We have since found out by our first choice school that we should've been allocated a place and the local council have messed up somewhere and the correct procedure hasn't been followed.

We are waiting for the school to try and fix this for us otherwise we will be appealing. Do we have a leg to stand on in this instance?

Also to mention. He is baptised, this school is usually under subscribed too but this year it's a different story.

OP posts:
DreamQ · 21/04/2021 06:12

Hi,

If it was a clerical error appeal!

You have a certain amount of time to lodge an appeal so do it now. Don't wait on the school to try and fix it. Gather your evidence and submit the appeal. Hopefully you won't get as far as needing to go to the appeal hearing and you can retract your appeal.

prh47bridge · 21/04/2021 07:45

Yes, you very definitely have a leg to stand on. If your son has been deprived of a place by an administrative error that should be a straightforward win at appeal. The only way you wouldn't win is if a lot of people have been affected by this error and the school cannot accommodate them all.

You have a certain amount of time to lodge an appeal so do it now

This is not true. You can appeal at any time. The appeal deadline is purely for administrative convenience. It is a good idea to appeal before the deadline as that guarantees your appeal will be heard at the same time as any other appeals for this school. But they cannot refuse an appeal just because you missed the deadline.

Original poster
B0yMama · 21/04/2021 08:36

@prh47bridge

Yes, you very definitely have a leg to stand on. If your son has been deprived of a place by an administrative error that should be a straightforward win at appeal. The only way you wouldn't win is if a lot of people have been affected by this error and the school cannot accommodate them all.

You have a certain amount of time to lodge an appeal so do it now

This is not true. You can appeal at any time. The appeal deadline is purely for administrative convenience. It is a good idea to appeal before the deadline as that guarantees your appeal will be heard at the same time as any other appeals for this school. But they cannot refuse an appeal just because you missed the deadline.

Thank you!

I believe there is my son and 2 other children in the same position.

I'm waiting to hear back from the school this week and if we get no further forward I'm just going to go ahead with the appeal. (And probably ring the council myself).

The school had made the council aware of the error before the offers were given but they still failed to correct it.

OP posts:
prh47bridge · 21/04/2021 08:58

If all three appeal the question will be whether the school can cope. If it would result in 33 in a class, the appeal panel may be a bit nervous about admitting all three. Therefore, in addition to pointing out the error, you need to make a positive case as to how your son will be disadvantaged if he is not admitted.

Original poster
B0yMama · 21/04/2021 09:08

@prh47bridge

If all three appeal the question will be whether the school can cope. If it would result in 33 in a class, the appeal panel may be a bit nervous about admitting all three. Therefore, in addition to pointing out the error, you need to make a positive case as to how your son will be disadvantaged if he is not admitted.
Thank you. That's really helpful.

Is it true the council can revoke places from the parents that have been offered spaces incorrectly?

OP posts:
prh47bridge · 21/04/2021 09:41

Yes, they can but previous cases suggest that they can only do so for a few days after offers are made. It may now be too late for them to withdraw offers. The appeal panel certainly cannot force the LA to take places away.

PanelChair · 21/04/2021 09:45

In theory, places offered in error can be withdrawn, but caselaw suggests that LEAs have only a very short window in which to do so. If they haven’t done so already, the courts (should it reach the stage) might take the view that they’ve left it too late.

As prh47bridge says, if there’s been a mistake that has deprived your child of a place, the LEA ought to rectify it now, but will often insist that you take it to the appeal. If there are likely to be several appeals, you need to set out for the panel why your child will be disadvantaged if they don’t get a place.

Charmatt · 21/04/2021 09:58

You should lodge an appeal but if it is a clerical error it may not get that far - if that is the case they may offer you a place anyway.

admission · 21/04/2021 10:28

The most important thing to do here is get the appeal in. Even if you just put in the appeal form that you believe that between the school and the LA there has been an error made and you should have been offered a place. Full details to follow.
What it does is make sure that both the school and the LA are on notice that there is an issue that needs to be corrected before they go offering any places that have been declined to anybody else.
I have said in the above school / LA because you should until the full details of exactly what has gone wrong assume that both parties are at fault.

LJD32 · 21/04/2021 19:36

Hey can I ask what area you are in, as in a similar position? Thanks

Original poster
B0yMama · 21/04/2021 20:03

@LJD32

Hey can I ask what area you are in, as in a similar position? Thanks
North Tyneside! Are you the same area?
OP posts:
LJD32 · 21/04/2021 20:20

Unfortunately not I am kent! Good luck with your appeal will keep fingers crossed for you x

Original poster
B0yMama · 22/04/2021 23:24

Council called today and offered us the space. Blamed the mistake on "software problems". Pleased we didn't have to go ahead with the appeal :-)

OP posts:
prh47bridge · 22/04/2021 23:33

That's good news. Glad they didn't force you to go to appeal.

Hga2021 · 26/04/2021 08:46

Hi, I know which school you're on about as unfortunately my son has been one of the ones who got offered a place there and now the council have withdrawn it after almost a week 😔 so having to go through appeals but not holding out much hope though

Original poster
B0yMama · 26/04/2021 10:09

@Hga2021

Hi, I know which school you're on about as unfortunately my son has been one of the ones who got offered a place there and now the council have withdrawn it after almost a week 😔 so having to go through appeals but not holding out much hope though
No way. It's a rubbish situation. I was told it was around 3 children that should've been offered spaces to begin with but you'd think they could've potentially upped the class size to accommodate them instead? Not sure how it works though.

Why did they withdraw you? Was it because of catchment?

OP posts:
Hga2021 · 26/04/2021 11:41

I think they may have done had it been 1 child but think as the classroom is so tiny then 3 extra is just too many. Plus it was the councils fault not the schools.

I'm not sure why it's been especially popular this year are you? Apparently the furthest offer on distance was only around 100m when some years it's been over 2 miles! Would have to be the year I apply 🤣

Hga2021 · 26/04/2021 11:44

Also I'm just wondering how you know the school made the council aware before offer day? Just I'm complaining about admissions as it is as they have been utterly useless. They spent in excess of 2 years telling me the wrong catchment school! We put off moving house because of it and everything 🙄

admission · 26/04/2021 12:37

Hga2021, you need to appeal because the same rules apply to you. Whilst the regulations do allow for places to be withdrawn in the case of an error by the LA, you do not know all the details of how and why the error occurred. A bland software issue response is simply not good enough as an answer.
It is also up to the panel to make the decision as to whether the places should have been withdrawn in the exact circumstances of the case and the time spans involve. Also you do not really know how many others may be in the same situation and you do not know whether parents are going to bother to appeal. Part of the panel's duties will also be to establish what place should have been offered to you if the mistake had not been made, so it may be that you also have a potential appeal against your second preference school if you were dis-allowed a place there because of the mistake on the first preference school.

Original poster
B0yMama · 26/04/2021 13:29

@Hga2021

Also I'm just wondering how you know the school made the council aware before offer day? Just I'm complaining about admissions as it is as they have been utterly useless. They spent in excess of 2 years telling me the wrong catchment school! We put off moving house because of it and everything 🙄
I'll send you a message :)
OP posts:
Hga2021 · 26/04/2021 14:31

Great thank you 😊

Original poster
B0yMama · 27/04/2021 17:24

@Hga2021

Great thank you 😊
Sent :-)
OP posts:
unique09 · 14/05/2021 19:43

Hi, hoping some one can help me. I applied late for my son's school so we missed chance of him getting in our first choice school. I have received a letter but it does not tell why he did not get place in first choice. I have checked so far he is on number 1 in the waiting list and I have been adviced by local authority to go for an appeal if i still want to wait for my first choice school. I don't have any solid reasons and I am not too fussed if i win or not as I am thankful that he has got a place in a school which is roughly same distance as first pref but a bit less popular or smaller. Main reason I still want to wait or appeal is the first choice school has secondary school and a college once he is in i wont have to worry about his secondary school place. Can any one please suggest what should i put as reasons in appeal.
Many thanks in advance.

prh47bridge · 14/05/2021 20:54

You won't lose your place on the waiting list if you don't appeal.

Most primary school appeals are infant class size cases which means you can only win if a mistake has been made that cost your son a place. As you applied late, that is highly unlikely. If this isn't an infant class size case you can win by showing that your son will be disadvantaged if he doesn't go to this school. However, you are unlikely to win on the grounds that this is a straight through school. You need to look at what this school offers infants and primary school children that is missing from the allocated school and would be particularly relevant to your son.

unique09 · 14/05/2021 21:14

Thank you so much @prh47bridge for quick response. What do you mean by infant size class? I know PAN is 60 for this school. Who can I ask if all places have been accepted by other parents for this school? Main differences are this school has before after school club and a lot more sports and extra curricular activities, due to Covid we could not visit any school but based on my research this school offers a lot more support to students. Can i include this in my appeal? Thanks

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