In year transfer

[adopter2022]

Hello, we are considering changing our child's school for many reasons (she us a previously looked after child). The school governors have considered the application but state they cannot offer a space 'as there are no places currently available in the required year group and to admit an additional child would be detrimental to the education and efficient use of resources for children already attending.' I understand schools can admit lac/plac as an excepted child but have chosen not to in our case. Has anyone been in a similar position and could advise please? I'm not sure we would want the stress of an appeal. Thank you!

If the year group is full and they have decline to admit as an exceptional child, then your only recourse is an appeal I'm afraid.

Which year are you looking for?

LAC/PLAC will come at the top of the waiting list, but a place only has to be offered when someone leaves - they can go over PAN for LAC, but don't have to. Your child already has a school place, so there is no requirement for the LA to get involved to invoke the FAP for example.

Thank you, that's really useful. One school has said they would go over PAN and the preferred option has said no. It's a year 2 child.

Do you know how likely it would be that we would be successful in an appeal?

Thanks again

Well - if there are 30 per class, it would be an infant class size case, which are normally very difficult to win but as a PLAC, your child would count as an "excepted child" under the infant class size rules, so it would be essentially a regular appeal - you would need to show the detriment to her of not attending the school was greater than the detriment to the school of taking another pupil. So you would need to evidence why this school suits her specific needs, and also ideally that the school can cope with more than PAN in a class (that would come from the school's case once you got it).

It's not easy, but it's certainly possible. Overall I think appeal success rates are around 20% if not ICS.

My experience is (this was out of catchment) that they always say no and they expect you to appeal. They let have valid grounds to dismiss your original application and only on appeal can your case be heard by the governors / head teachers etc

So appeal.

Just a note here - the Head/Governors have nothing to do with deciding on an appeal. Appeals are heard and decided on by an independent panel, whose decision is binding on the school.

In fact, the Governors/Head are often the ones at the appeal presenting the case for the school to oppose the admission, if the school is it's own admissions authority.

I disagree. The heads speak before the appeal and either agree the move or oppose the move.

They are kept in the loop however under the table it is

I sit on appeals panels. I can assure you, the Heads have nothing to do with our decision on whether to agree the appeal. We do not have any conversations with the school prior to appeal.

There is no reason the Head of the existing school would know anything about an appeal either, unless for some reason a parent chose to tell them.

The only time a presenting officer would have that sort of influence would be if a school turned up at an appeal and presented no case - or explicitly said, admitting would not prejudice the education of other children. I have had that once or twice in secondary appeals, and it means the appeal is won at that point.

I agree with @PatriciaHolm

It doesn’t work like that here!

Where are you, @Threelittlelambs ?

The process I have described is the legal requirement in England and Wales.

Are you thinking perhaps of a managed move, where the admissions authorities do indeed agree on a move for a child where the alternative would likely be exclusion. That's not the case here though.

Agree again with @PatriciaHolm

The appeal panel must be independent. If there was evidence of a head talking to an appeal panel before the hearing and telling them what outcome they wanted. the LGO or ESFA (depending on the type of school) would order fresh hearings with a different appeal panel for any appeals affected.

Within the hearing, the admission authority's representative (which may be the head, but it is usually someone else) will present the case to refuse admission before the parents present their case. They can choose not to oppose the appeal, although that would be highly unusual. If the appeal panel found that the school was only opposing some appeals (or was opposing some more strongly than others), they should treat all appeals as opposed. The school cannot pick and choose which appeals succeed.