Is this an Infant Class Size appeal

[Sparky555]

Looking for some guidance on my appeal for a year 1 place for my DD. After being on the waiting list for our local school (we moved to the area mid-year) we decided to appeal for a place for her and one week after lodging the appeal were offered a place. We happily accepted and made arrangements for her to move. Today the headteacher has called and said they actually don't have a space in year one, only in year two and they made a mistake.

The school has mixed class sizes so 20 year 1 children with 10 year 2 children in one class of 30. Does this mean my appeal is not an ICS appeal as there are currently 29 in the class although the space has been created because a year 2 child left? The headteacher said there was no way they could exceed PAN of 20 for year one even though the actual class size is going to be the same whether the child joining is in year one or two. Does anyone know if my appeal will be an ICS appeal or have any other advice?

Unfortunately for you this will be an ICS appeal, based on what is called future prejudice.

So if they had 21 pupils in the current year 1 cohort, and then next year, the full complement of 10 pupils moved up to join them, then there would be 31 in the class, which would be an ICS breach.

If you appealed successfully, then your DC would be excepted (not counted) but as the grounds for winning ICS appeals are limited (mistakes, or truly perverse decisions) then you have to be realistic.

It's crappy that they got your hopes up and then dashed them. How long was the interval between the formal offer and rescindment?

Weirdly they told her current school before us but it wasn't long, only a day and a half but still enough time to tell my daughter and move my other children to the nursery attached to the school 😩

When did your other children start the new nursery-today?

No they didn't start, I just enrolled them and paid a deposit for their places.

And gave notice to their childminder

As @meditrina says, this is an ICS appeal. If the school had taken more than three days to withdraw the offer, that would have given you a case, As they withdrew the offer quickly, an appeal is a long shot.

Make sure the panel is aware that the offer was made and withdrawn, and that you have paid a deposit to the nursery and given notice to the childminder based on the offer. A sympathetic appeal panel may view that as justification to admit.

Thank you @meditrina and @prh47bridge for clarifying. At least now I know what to prepare for even if it's not very hopeful.