Primary school appeals 2025.

[Jenni20]

Can somebody help me? I’ve appealed my child’s school place to start reception on the grounds of SEN. Also, childcare issues as my mum is disabled and lives just around the corner from the school and she collects my child. He is currently in the nursery but been refused a reception place. He is currently 1st on the waiting list for the school but there have been two appeals submitted including mine. Does anybody know if having more than one appeal impacts the hearing decision more? All of this is making me ill because I know 100% he will not start a new school with his needs.

thanks in advance!

Childcare is not a valid reason to give a school place.
Does your child have an EHCP? If so, it will name the school after consultation with you and those you wish to have considered.
If not, then the educational offer of all mainstream schools will likely cater for your child.

Is your appeal for a school where the PAN is 30, a multiple of 30 (Infant Class Size prejudice) or a multiple of 15 (Future Infant Class Size prejudice)?

If so, the appeal will only succeed if there is an administrative error which means you should have been allocated a school place (unless your child fulfils the criteria for an 'excepted child' under 2.17 of the School Admissions Code).

If you can prove an administrative error or your child fulfils the definition of an excepted child, then it will be heard on its own merits. Another appeal doesn't influence it unless it too can demonstrate an administrative error.

Yes he is an excepted child as he has special educational needs.

Having SEN doesn’t make him an excepted child unless he has an EHCP.

Yes it does. I’m really unsure why all the mums on here are so snotty. No need for the arrogance. If you check the legislation website regarding this you’ll find that it does. I wish I hadn’t have posted my question now. Get off your high horses.

What wording makes you think it does make him excepted...? Because it doesnt

If he has an EHCP naming this school it should not need to go to appeal

Having special needs but not having an EHCP doesn't meet the criteria for an excepted child under the legislation because the SEND Code of Conduct states that every mainstream school should be able to provide SEND support of this level, either through quality first teaching or by additional funded support.

...and I'm not snotty, just factual.

@Jenni20 There are a lot of knowledgeable posters who can help you.
But they won't help if you are rude.

They are trying to help using their expert knowledge of the appeals system. That is what they are sharing with you.

Surely that us what you came here for?

Does he have a place at a different school?

If he has an EHCP, as has been said, it doesn’t need an appeal. If he has additional needs, but no EHCP, then any school is deemed able to meet his needs.

Your arrangements for childcare are not grounds for giving a place.

I'm afraid it doesn't. Having an EHCP makes a child excepted. Simply having SEN does not. The information is on the legislation site at The School Admissions (Infant Class Sizes) (England) Regulations 2012. The paragraphs referring to SEN are 2 (pupils with an EHCP - referred to as a statement here as they haven't got round to updating this on the legislation website), 10 (pupils who are registered at a special school but attend an ordinary primary school for some of their education) and 11 (pupils who are educated in an SEN unit forming part of the school who spend a minority of their time in the infants class). On the information you have given, your child does not fall into any of these categories. He will be an excepted child if he is admitted via appeal, but that doesn't help you.

If this is an infant class size case, you will only win if a mistake has been made and your child should have been admitted. In that situation, you should win, and the other appeal is only relevant there was also a mistake in that case and the appeal panel concludes that the school can't possibly accommodate both children.

If it is not an infant class size case, you will have a better chance of success. However, SEN will only help your appeal if you can show it means he needs this school, e.g. they have special provision for his needs that is not available at the allocated school. An argument that he needs to attend this school because he has attended the nursery here will only fly if you have evidence from a medical professional to support it.

Childcare arrangements are irrelevant for appeals. Appeal panels are not allowed to take such arguments into account.

If it is not an infant class size case, the other appeal may impact your chances of success. If the appeal panel decides that both of you have good cases but the school can only accommodate one of you, they will compare your cases to decide which to admit.

What are his needs?

Thank you for your reply PRH47bridge. Yes we do have medical evidence from his paediatrician. And we are currently getting the ball rolling for an EHCP. Thank you for your advice. X

@Brightgem1 Suggest you start own thread.

If you suspect error in distance ask how they measured it.

@Jenni20 I think you've found @prh47bridge 's advice helpful, but may have misunderstood it. If this is an infant class size appeal, then evidence from a paediatrician is not going to help you because your DS can only be admitted if a mistake has been made or the decision not to admit is unreasonable.

It would only be a mistake to refuse a place if the school has a medical needs category (quite unusual now) and the evidence from the paediatrician stated that the school you hoped for is the only school that is suitable for your DS. That is highly unlikely because most schools are considered able to meet most SEN.

The test for 'unreasonable' in admissions law is not the normal meaning of the word unreasonable. It is that the decision is so absurd that no reasonable admitting authority would make the same decision in the circumstances. It's a very extreme test.

Unfortunately, childcare arrangements are not good grounds for appeal.

Infant class size appeals don't allow for discretion or compassion, unfortunately.

@Jenni20 unfortunately you are unlikely to have the EHCP through by the start of the school year.

Very few admissions policies use nursery attendance as a priority criteria, that would disadvantage those working parents needing ft childcare. Is faith prioritised, did your dd qualify and were you placed in correct category. The allocation letter should show relevant details like distance used and you can check if it is by crows or footpaths, and from which point on home to the school gate or similar. For Infant Class Size appeals you need to show an error was made that denied her a place.

Getting the ball rolling on EHCP will make no difference to the appeal. And you will have to go through the LA to get your school of choice named and even then that would have to be with the agreement of the LA.
Did you apply on medical grounds in the first place? If you did and it was rejected, then an appeal will put you no further forward. If you didn't, you can still apply to help your child assessed on medical grounds depending on the school's admission criteria. That could put you further ahead on the waiting list (or stop you from being bumped down it considering that you are currently number one).