Infant class appeal

[Caty85]

Hi, just seeking advice on an Infant Class Appeal we have coming up. We are realistic that we will lose but just thought I'd reach out and see if I could gain any advice.

Child is in Year 2. We have just moved older sibling to new school, as there was a place. Older sibling had to move due to bullying, untenable to remain in existing school.

No space in Year 2 though. Younger child struggling with mental health at being at a different school to sibling, doesnt want to go to school. Has a moderate hearing impairment and isolation without sibling is causing issues. Behind in all areas of schooling due to these issues.

Schools are 2.5 miles apart with same drop off/pick up windows so it is extremely challenging to navigate (I appreciate this will not be considered).

Any hope at all? Do I deregister until a place becomes available? Will I have any further luck when reach KS2? Youngest child applied for a place in new school for Reception 2025.

Tia Katy

Your older child wouldn't have been with your younger child for 90% of the school day anyway though if they were in different year groups? So I doubt that will carry much weight unfortunately.

To win an ICS appeal you have to demonstrate one of two things:

• that there was maladministration of the application and that if it had been processed correctly

Or

• the decision to refuse a place was perverse in a legal sense, in that no other authority would have refused it.

Other than that, your personal circumstances are not taken into account. Sorry.

Do you think we would have any chance in a KS2 appeal when child reaches Year 3?

Should we withdraw this appeal?

I'm slightly biased because I present for schools in admission appeals, but I think it's a waste of time and money. Schools in our LA have to pay £220 per appeal, so that has a huge impact on their budget, for some schools, across the year. ICS appeals are almost certain to be dismissed because any school/authority who realises they had processed the application incorrectly would offer the space, as they could admit them as an excepted child.

I would check to ensure your child remained on the waiting list for the year. I would reapply for next year, if you weren't offered a place over the course of the year. I would speak to the headteacher to see if they were willing to offer over PAN in Year 3, and consider appealing if they weren't.

This is very useful advice Charmatt - do you think we could contact them now and ask if they would be willing to admit over Pan for year 3, which would be next September or would we have to wait until next September? Is having an ICS in likely to damage our relationship with the school or will they understand where we are coming from? I didn't appreciate the budget implications.

I wouldn't have the conversation until after Summer half-term 2025. By then the headteacher will know the needs of her year group and whether they can admit another child without it being detrimental.

If there is a high level of social need, SEND, etc, it may not be possible to offer any additional spaces, but they will know by then.

Budgets are really tight in schools. I have had headteachers feel frustrated when a family has appealed for an ICS place, especially when they know the parents know it is likely to be dismissed, because of the cost.

I have one school that has more than 25 appeals a year (not all ICS), but you can imagine the impact on their budget.

I should add that it is your right to go to appeal if you wish.

As has already been said, you are unlikely to win an appeal for Y2. You stand a much better chance with an appeal for Y3 if the school is unwilling to admit your child then.

I would speak to the headteacher to see if they were willing to offer over PAN in Year 3, and consider appealing if they weren't.

Even if the school is willing to admit over PAN for year 3 entry, it still won't get you an offer, unless your DC happens to be at the top of the waiting list at the time. At least, it shouldn't.If they weren't at the top and we're offered the place anyway (without those above having been offered first and turn the offer, down), the parents of the DC ranked above them on the waiting list who were passed over would stand a good chance of succeeding should they choose to appeal themselves.

We are top of wait list with two siblings and live almost next door x

Why is your younger child having these problems now when presumably they would have only seen their sibling at break times?
Also how can they be behind in all areas because of this when sibling has only recently moved?

You'd be better off using your energies to get your younger child an EHCP so their needs can be met tbh. Part of that process is identifying a suitable school.

Personally I wouldn't appeal now. I would sit tight on the waiting list. If you haven't got a place by Easter, I would ask when is the earliest you can submit an appeal for year 3. (You could ask that question now too).

Whether you deregister and home school or keep on with both schools is up to you. Did your yr2 child have issues going to school before? It sounds like they are finding school tough. Is there a chance they will still find it tough at the new school? Would a period out of school make it harder to settle back in? Or would a period at home potentially help them to catch up? (You don't have to answer all this here!)