In year transfer and class sizes

[wellthisisdifferent]

I've read through some posts and searched online for answers but still not entirely sure.....

Some background info/rambling but feel free to head to the end for the actual questions.

Our DS yr3 is in our first choice school but since going into year 2 we've been unhappy. Year 2 was his first full school year since starting school, and he struggled massively with his confidence in class. Instead of the teachers supporting him I was told by his class teacher, after me informing them he had a day off of school because he was worried about the math work, "it's not just maths he's slow with!" I was so shocked, I was speechless and in the end spoke to his other teacher. They had split teachers for that year, two completely different teachers in how they teach as well.

The second teacher started setting extra math work for him for us to do at our own pace at home, which was fine, and his confidence grew. I wrote off year 2 because I had assumed he would be getting Mrs T in year 3 who is an amazing teacher and really helps those who need any support.

Then the class information for year 3 is released and I find that he will be in a year 2/3 class with 6 others, all of which have diagnosed learning difficulties, and everyone else will be in a 3/4 class.
We were devastated so I had multiple meetings with the head of school. After these meetings we were actually fine with the split. If he was in the 3/4 class I was told he'd be under more pressure as the year 3s would have to keep up with the year 4s, which would knock his confidence. I was told they'd do the same topics, have learning together, have the same dress up days, go on the same school trips etc
Well this was all a lie. The head of school actually said "I'm sorry I lied to you but it is just not going to work out like that because we have to work alongside the year 2 structure".
I was shocked!

Since being in year 3 he is being treated like a year 2 child. Bringing home homework that is ridiculously easy and so we've been attempting the year 3/4 work, which he is able to do.
He will also be going on school trips with the KS1 kids, so children that might only be 4 years old! He is a tall, mature 7 year old who does not want to feel like a little kid.

We are now looking at 4 options -

1. Keep him in the 2/3 class and continue to do extra work at home.
2. keep him in the 2/3 class and flexi school one day each week, (we already have permission to do this).
3. Push for him to go in the 3/4 class and get a tutor.
4. Transfer school

*
So we've put in for a transfer for a school that is 20 mins drive from us. His current school isn't in our catchment, isn't even in the same county and is 15 mins drive from us.

The school only allows 15 pupils per year.

The year 3 is full but it is a mixed class, year 3/4 and the year 4 has a place plus there is apparently the possibility of a pupil moving. The school said it could be possible for him to get a place though. 🤔

Does anyone know if because there aren't actually 30 children in the year 3, would the council look at it as there being 15 open places?

Can we be refused because of the distance even if there is a place available?

If we are refused, can we appeal on the basis that it is undersubscribed?

Sorry for rambling and thanks in advance for any answers.

It will depend what the school’s PAN is (pupil admission number) which is how many the can admit in each year. It will be on the councils website. If their PAN is 15 then they’re full.

And if the PAN isn't full they can take another child regardless of how far away they live from the school I believe (maybe it has to be in the same education district). It's worth bearing in mind that if there's a sibling any sibling preferential treatment maybe a bit more complicated if out of catchment

No, the council won't look at it as being 15 open places. If the school's PAN is 15, the council can't just double that.

If there is a place in Y3 it must be offered. However, reading your post, it sounds like the place is actually in Y4. If that is the case, you may not be offered a place.

You can't argue that the school is undersubscribed at appeal. If it is full in Y3, it clearly is not undersubscribed. You can, however, argue that the school isn't overcrowded and that it has the capacity to handle another pupil. It is unlikely that will be enough on its own to get a place for your son, so you need to come up with other arguments for appeal. You should look at things this school offers your son that are relevant to him and are missing from his current school.

Normal advice is that you are appealing for the school you want, not against the school you've got. However, in this situation it would be worth explaining why there has been a breakdown in trust with the current school and why your son needs to move.

Thanks @PotteringAlonggotkickedoutandhadtoreregister @TwinkleToesStrikesAgain @prh47bridge

It was the PAN and the being undersubscribed combined with the school saying there is a place in the actual class that was throwing me.

Will wait and see what the LA say I guess, then go on the waiting list if there is no space and that's the reason.
We specifically want this school because he already has friends there so his confidence won't be knocked anymore and he should settle quite quickly.

@wellthisisdifferent many years ago (9?) @prh47bridge gave me excellent advice and help to understand school admissions when we decided to appeal a decision - I'd follow his/her advice above all.