Appeal Year 1 in year Admissions - Prejudice

[Purple1x]

Hi,

I'm a little bit lost, and I'm looking for some advise for seeing if is worth it or not, to appeal the primary school place offered by the LA.

Basically we moved in June 2022 to a new Borough, and we needed to apply an in year application for my DS for starting from September 2022, year 01.

My nearest school is ofsted inadequate, so I applied to the other 4No schools around my new home due this bad rating.

My DS has a language & speech delay, and he was helped by his last school by the Senco, and I have NHS and private assessments proving the language delay, but he hasn't got a EHP.

I applied to 4No primary schools as described below:

1st. Ofsted Outstanding & oversubscribed . With language & Speech provision. (Distance 852m)
2nd. Ofsted Good & vacancies (Distance 1150m)
3rd.. Ofsted Good & vacancies (Distance 1050m)
4th. Ofsted Good & No vacancies (Distance 1500m)

Due my son having a speech and language delay, and the first school being the only one with this provision, I applied to that school for ensuring will get a school that can provide support on his language needs, but unfortunately due being oversubscribed I received a prejudice response that my son has been refused on the basis that they have already filled all 30 places.

My son is currently isolating himself from other peers because he is not able to communicate properly with them, and because of that frustration is behaving sometimes bad for catching adult attention, and I feel that my son will improve considerably if he can get a place in that school, but because he hasn't got a EHP and the Prejudice rule doesn't allow schools at Year 01 be above 30No pupils, I'm not sure if have still grounds with just the private assessment to appeal for a place in the basis that is the only school in the area that has this Speech and language provision.

I checked last year admissions on the first school and only 1No pupil was admitted under an EHP in year 1, and the school has in their website announced that they can provide language support up to 8No childs, so I'm just guessing that they have a provision that is not fully utilised, and due the fact the class is now full of pupils they are refusing to increase the total number, even If they have still some room with the speech and language teacher.

I was offered the 3rd school, even though the 2nd school had vacancies, I imagine this for being closer to my home. I accepted the place already, but now just looking advise if I should appeal for the first school.

Any thoughts and advices are welcome!!

Purple

My DS has an EHCP naming a school that sounds like school #1 and i believe they are allowed to go over the pan for this. But you absolutely need an ehcp, dm me if you like, it was such a fucking nightmare with the council so happy to help if i can x

@RandomMess
Yes my area does catchment first then I think it's distance then siblings .

@whowhatwerewhy @RandomMess Even in an area which has true catchment areas parents should be given a place at the highest preference school that has a place. LAs should not be giving a place at a lower preference school just because it is closer when a higher preference school has a place. So, if school 2 had a place OP should have been offered a place there, rather than school 3 even if it is closer.

That would apply at reception admission or for ordering a waiting list, not for In Year applications.

You have nothing to lose by appealing for school 1 on the basis that their S&L provision is over and above what the other schools can offer. You may not be successful but it won't cost you a place at the other schools.

Have you got examples of the support he was receiving at his previous school and any idea what No. 1 school would provide compared to the others. Each school should have its SEN offer on its website if you can't speak to SENCOs, and give you an idea of what more school 1 could offer.

If the provision is NOT for children without an ECHP you could still make a case for a higher level of understanding and awareness of S&L issues than in a school without provision.

From what you say, it sounds like school 2 is full to PAN (published admission number). The fact that their language support may not be fully utilised is not relevant and doesn't mean they have vacancies. If they did have a vacancy, they were required to offer it to you. They couldn't choose to admit to your third choice just because it is closer to home. However, if school 2 is not full to PAN, your son should have been admitted and you should have no problem winning an appeal.

An appeal for your first choice will be heard under infant class size rules, which means you can only win if a mistake was made that cost your child a place. It is, therefore, highly unlikely that an appeal will be successful. However, you don't lose anything by trying so you might as well give it a go. At worst you will be in the same position as now, and there is the outside chance you will get a place for your son. However, if you do appeal you need to be realistic about your chances and accept this is a very long shot.

That make sense, I need to read again the admission for ensuring this is the case

I just requested to be in the waiting list of the 2nd school, which is publishing vacancies right now.

If there are vacancies, would that mean that my son would be the first one on the waiting list due not being other ones, and be offered a place automatically?

It seems I need to be realistic with school one, and focus in getting a place in school 2.

If they have a vacancy in your year and your son is the first or only child on the waiting list, the place must be offered to you.

I think that you are ignoring what is the most important bit of information. You are trying to get a place in year 1 for September and from what you have said about the preferred school they are full with 30 in the class and the infant class size regulations apply. That means a maximum of 30 in the class and a very limited set of reasons why an appeal may be successful. This means that you are very unlikely to get a place at appeal.
Obviously if you had an EHCPlan that named the school that you want then that puts you in a very good position but my reading of the various posts would suggest that you a long way from getting an EHCPlan that does name the school. I think that you need to work on the basis that you will not get a place at your preferred school.

Today I spoke with a LA officer and he said I should have been offered a place in the 2nd school, because it has vacancies but..... Because my application went through the fair access team due my DS having special needs, it seems it was decided to give me the 3rd school.

The LA officer said that maybe the 2nd school was already full of childs with special needs and for that reason I was given the 3rd school.

I'm awaiting a call back from the fair access team to explain I. Detail the reason behinds.

I've requested some feedback from local people and the 3rd school has worse feedback / reputation , and the 2nd school everything is positive.

This is now a weird situation, I could not get a place in the first school due not having a EHCP, and it seems (subject to confirmation), that couldn't get a place in the second school because my son has special needs.

If this is the case, can the second school refuse my son due that reason, even though there are vacancies?

It seems you never got in at the first choice school as there are no places available regardless of needs . So they offered him third choice as it best meets his needs .
I would think you can still put him on the waiting list for your first choice.
I think you can still have a place at your second choice, although the LA are saying the third meets his needs better .

You are stuck between school 3 that meets his needs or school 2 that you prefer.

No, the second place school cannot refuse your son for that reason. If there was a place available at your second choice school it should have been offered. The Fair Access Protocol should only kick in if they were having trouble finding a place for your child. It cannot be used to ignore your preferences.

It is likely that the first school was full - but people are pointing out that even if it wasn't full, you wouldn't be able to access the SALT provision without an EHCP so you wouldn't benefit from the service.

The second school is the main issue.

The Fair Access Protocol can be used if a child has SEN but does not have an EHCP - assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1012993/FAP_Guidance.pdf

It might be worth looking at what your previous school told the admissions team about your child as it may be a bigger need than you are aware of, or they have made it seem so.

We had a case recently where a primary aged child was refused entry to their school of choice due to support needs - the requested school was very stretched and we allocated a school that could offer more support and resources - the parent just hadn't realised how much support their child needed as they were used to them - they didn't see the behaviour etc with the same eyes. They were shocked - it was partly the old school being aware that the child was leaving so not bothering to start the EHCP process - they managed things but completed their part of the transfer form advising that the new school apply for an EHCP immediately.

It is worth appealing though as there is/was a vacancy you should have been offered and so Infant Class Size Legislation will not apply because at the time you applied; offering you a place would not have breached the limit.