Appealing Infant Size Class Review

[srhd23]

We have recently moved into a new neighbourhood and applied to the nearest school for Year 3 and Reception classes for our sons. Year 3 is accepted, but reception application is denied due to Infant Size Class Review. We are relatively new to UK (2 years) and we were not familiar with such regulations. After reading the council's guidance and some other documents, we realised that it is very hard to win such an appeal. It says "the powers of the Independent Appeal Panel (IAP) will be limited to a review and a case could only succeed in very limited circumstances" on the refusal letter. Now, we feel a bit desperate. Their current school takes 15 min. drive, whereas this new school is in 10 min. walking distance.

Younger son is quite dependent on his brother. Having them at the same school would provide him with a sense of security and familiarity, which we believe is crucial at this stage. We have also faced difficulties in getting him to school, and his brother plays a key role in encouraging and reassuring him in these situations. I would like to ask whether we could win an ICS appeal based on family circumstances. Or, should we even appeal in this situation? Thanks,

Legally, they can only have more than 30 children in Reception, Yr1 and Yr2 under very specific circumstances such as

1. Twins, triplets etc where one has been accepted into the class
2. An admissions error meaning a child was not awarded a place
3. No other school places within a reasonable distance so admitted under FAir Access Protocol.
4. ECHP naming the school.

None of those apy to you unfortunately.

Reasonable distance is usually something with a 45 minute journey at that age, 15min drive is reasonable. However they do have to help with transport if nearest school is more than 2 miles (but many wouldn't want to send a 4yo off in a taxi without a parent...)

As I understand it, you are only likely to win an ICS appeal if there has been an error in how your application has been processed and if it had been processed correctly you'd have been given a place. Someone more knowledgeable will be able to tell you more but I think you'd be very unlikely to win on those grounds.

Sorry you'd be very unlikely to win this, especially as the current school is only 15 minutes drive away which would be seen as reasonable.

Can you move the yr3 child to the same school as his brother?

Don't pin your hopes on an appeal here. Options are:

1 send your Yr3 child, keep Reception child where he is - logistical pain but if siblings get priority under admissions criteria you will move up the waiting list and might even be top of it

2 keep them both where they are

3 find another school that's closer than current one with room for both

Realistically you are going to have to either:

1. move the y3 child and hope a place comes up you for reception aged child (where you’d likely be higher up the waiting list due to sibling) but have to suck up the double school run and separation in the mean time.

2. leave both where they are for now until a place comes up for younger one (less likely you’ll be top of the list if no sibling at the school) as there may be others in the same boat who have done 1.

3. leave both with a plan to move younger one in y3 (when more chance of a place as the infants restriction would go). But you’d be moving older one for y6 which isn’t ideal.

Before making a choice you’d ideally want to know what the deal was re spaces for y3- would they have gone over 30 and be willing to do it again in the future. It depends also how happy your older one is to move and whether you’re willing to split them or not.

This seems really common. I’ve seen a lot of new starters who have had siblings already in the school.

I was in your exact situation, went to appeal and it failed, having kids at 2 schools 2 miles apart and no wrap around care options wasn’t enough either, they cheekily suggested I asked my mother! (She lives 3 hours away)

I went on the wait list priority 1 and got a place 5 weeks later

they are at the same school right now, but we'll move year 3 to this new school.