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In year appeal advice

7 replies

Wottsy2000 · 23/09/2024 22:41

After months of waiting we have an appeal hearing this week. I feel like we have prepared as much as possible but wondered if anyone had any advice. it's a bit daunting.

We have been trying to move our child into a school in our new area after a house move last year. Luckily, their old school is just about close enough that we can still make the commute. It is in a different county though. We were initially offered a place in a school that we did not want and we rejected the offer, thinking a place will probably come up in a school we did want. It didn't.

We decided to appeal on the hope we might get somewhere. In our appeal, we perhaps leaned a bit too heavily on soft arguments (journey times, childs personality) that I don't think are going to hold much sway. I have read comments suggesting this on here and I can imagine they are the go to arguments most parents make.

I think we might just have an ace up our sleeve though in that on the most recent rejection from the admissions authority, we were not actually offered any schools.

As I understand it, in the appeal, the burden is on us to prove that the negative impact on our child of the appeal failing outweighs the negative impact on the school of it succeeding. Do we have a strong case if we just say that we have not been given any other option? We would never pull them out of their current school (even though the commute is destroying my soul). But as far as the appeal is concerned the choice is between them going to this school, or going to no school.

OP posts:
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TickingAlongNicely · 23/09/2024 22:45

How far is the current journey?

Charmatt · 23/09/2024 23:10

Because you previously rejected an offer from the admissions authority (when you moved), they no longer have an obligation to offer you a school place. Only an obligation to process your application.

PinkFrogss · 24/09/2024 02:27

But you did have an offer which you rejected? They don’t need to keep offering you schools.

pinkdelight · 24/09/2024 03:31

on the most recent rejection from the admissions authority, we were not actually offered any schools.

This is worded a little oddly so I may be missing something, but you've said that you were offered a school you didn't want and rejected it. At that point the LA has fulfilled its obligations and needn't offer you any more schools. So this won't play as an ace for you, sorry. It just reads as though you'll turn places down in the hopes of getting what you want and that's unlikely to happen unless a space comes up for you on the waiting list.

prh47bridge · 24/09/2024 11:25

You have been given another option and rejected it. The LA is not under any obligation to come up with an alternative. The fact they haven't offered another school in the most recent rejection is not an ace up your sleeve and won't help you at appeal. The fact you rejected the offer that was made is likely to go against you at appeal if you give the reason you have given in your OP, as it will sound to the appeal panel like you are trying to bully them into giving you a place at your preferred school.

If you are appealing for Reception, Y1 or Y2 and this is an infant class case, you are unlikely to succeed. If it is for Y3 or above or this is not an infant class size case you can win as you say by showing that the detriment to your daughter from not being admitted outweighs any problems the school will face from having to cope with an additional pupil.

LadyLapsang · 24/09/2024 11:26

What is the mileage of your commute to the current school, what was the mileage to the school the LA offered you and you rejected, and what is the mileage to the preferred school for which you are appealing? In what school year is your DC? Why did you reject the offered school?

SheilaFentiman · 24/09/2024 11:36

Why did you reject the offered school?

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