Has anyone won a primary school appeal based mainly on logistics?

[Itmakesnosense]

Has anyone actually won an appeal where logistics was the main argument? I am thinking of appealing but won't bother if the chances of winning are slim.

It's incredibly unlikely. I won't say impossible (and you'll get someone who thinks they won on logistics but actually won because the school didn't prove it was full, etc.,) but unlikely.

Is it an Infant Class Size appeal? If so, the likelihood of success is even lower.

You'd be better to think of other reasons why you prefer the appeal school.

I believe that the only grounds for appealing would be if you could prove that the admission authority has not followed its own published criteria. Personal circumstances are sadly not considered grounds for appeal.

It's a KS2 in year transfer appeal so infant class size not an issue.

Fair enough. Just wondered that's why am asking before l waste my time.

I would actually say that you should appeal because you don’t lose much by doing it, but have everything to gain. It really does depend on your personal circumstances and how they impact your child. It’s not unheard of for schools to be at PAN (ie full) but able to accommodate a couple more per class. One primary school came right out and said ‘we are able to accommodate 32/class’ but legally they’re not able to accept any more children but the appeal panel quite easily allowed the appeal. It depends on the school, and although you’re citing logistics, if these impact your child and to what extent you could have a good case.

This is actually incorrect. Appeal panels are able to consider personal circumstances. Think that’s literally why they exist. Mistakes in the admissions process are sometimes found but largely appeals that are allowed are due to a families and child’s personal circumstances.

This is not true. For all appeals, the grounds for winning are:

a) the admissions arrangements did not apply with the admissions code (and if they did the child would have been awarded a place)
Or
b) the admissions arrangements were not correctly and impartially applied (and if they were the child would have been awarded a place)

Additionally, for appeals that are not infant class size appeals, an appeal can be won on the grounds of prejudice. Prejudice is precisely about personal circumstances.

To win an appeal on prejudice grounds, the panel must be satisfied that the school is not so full that it can't take another pupil, and that to take another pupil will cause less prejudice to the school than denying the place will cause to the appellant.

Generally, parents are expected to get their children to school unless they qualify for transport, so logistics is a bad grounds for appeal. In KS2, if the school's case was very weak and you had very strong reasons why it impacted the child, it might fly but it would be unusual.

Was thinking about it as we have nothing to lose l suppose.

Thank you. Your advice is always helpful. There is already a sibling in the school but we are out of catchment. Just thought l would give it a try as the school run is impacting the child who was declined a place. It's almost an hour each way so thought maybe there is a slim chance prejudice to the child might outweigh the schools.

I did years ago. One school v close but ‘full’. Other school further away (still walkable) with spaces.

I was pregnant and the offered school had lots of steps to get up to the playground, goodness knows how others managed but I went to appeal on the grounds once I had baby (by caesarean) I wouldn’t be able to physically get into playground with pram.
TBH the other school was so close my 5 year old could have walked it himself, we could see it from our bedroom window! He got in the full school.

in my opinion it’s worth a punt

when we appealed for a y3 place we were in similar circumstances. Technically out of catchment but our closest school, younger sibling had gained a place and prior to that were doing a 5 mile trip (40 mins at school drop off time) to get older child to previous school. Our grounds were siblings should be at school together; our school had previously managed with more than 30 (up to 33) in a class in y3-y6 and older sibling was missing opportunities for extra curricular etc; if both children did after school clubs at different schools they would have a grand total of 2 hours together in the am and pm before/after school for 38 weeks of the year! Think we were also lucky that the particular year group didn’t have hugely significant special educational needs and my child who needed a place didn’t have any additional needs either- ie- would easily slot into the classroom without too much bother. My child got given the place and it’s was life changing for us as a family which has undoubtedly had a positive impact on my child and other children! I would highly recommend you at least try!

Thank you. This is reassuring. Will give it a go.

Wow. You must have been so pleased.Am feeling more encouraged to appeal now.

We did. Officially the reason was the process for Military children wasnt followed correctly,but they were mostly interested in the children being at the same school.

Ivek own some people win appeals to get childten into tje same school... and somepeople ending up with children in schools miles away from each other.

@Itmakesnosense I would really, really urge you to consider the following when writing your appeal

1. Why is your child who has the out of catchment place in that school? Is he a 'displaced sibling' (which means that the school was allocated despite being out of catchment, because the local school was full) or was it your choice? If it was your choice, the panel may consider that you've made your own problem, so I wouldn't major on it as an appeal point. If he is a displaced sibling, major on it hugely, because it isn't your fault he's in the school. Hampshire LA, for example, have an exception in their admissions rules that says if there is a displaced sibling, they will treat the school they attend as 'in catchment' because it isn't their fault they were placed there.
2. Can you find any things at all that make the appeal school better for your DS, other than the fact that his sibling attends and that makes it convenient? If so, focus on that.
3. Why can't you move your child who is out of catchment into the catchment school that your youngest is allocated? I'm not asking you to justify it here, but the panel may query it (even if they don't actually ask). If it is a less popular school, they'll likely know it, so it's not a good idea to be disingenuous. You may need to say 'I can't move DS1 because....'

I would encourage you to appeal, everyone has the right to. I would really discourage you from majoring on logistics in your appeal statement, especially from anecdotal accounts of people who have won 'on the grounds of logistics. For example, for an appeal to be granted on the basis that someone will have a c-section and not be able to fit a pram into a playground (not picking on you @myavocadoisgrowing ) the school's place must have been phenomenally weak and if that was an Infant Class Size appeal, the admitting authority could have taken it to Judicial Review because it should not have been allowed.

In response to your questions

1. Place was allocated despite being out of catchment as the school had spaces. So it was our choice as l did not want older child to go catchment school due to Ofsted rating at the time. Our LA does not have the displaced sibling rule although l don't think it would have applied as we put the out of catchment school as first choice and surprisingly got in after the second round of allocations. The school is usually overscribed.

1. Sadly l do not have any other grounds of appeal apart from the appeal school have more after-school clubs than current school.

3.l cannot move older siblings to catchment school, partly due to catchment school not being as good as out of catchment school although they are improving. Older siblings is also settled and starting year 5. Moving house into catchment is not an option at the moment as houses are more expensive and rents are very high.

All was ok until l changed jobs. My new job requires me to travel to different clients although all within a 20 mile radius. This means l travelling in the opposite direction to the catchment school and main office is near out of catchment school. Am still on the fence because l don't have a strong case. Part of me feels it will be a waste of time.

No, but the school might. Our LA charge schools £220 per appeal to administer the process and convene the panel.

What ages are your children? It sounds like both your children are already at their schools? What is the waiting list for the school you like in the year group for your other child?

We were told the education authority’s obligation was to provide a school place, childcare/getting them to school was our problem.

Unfortunately I think this is a fairly weak case because:

1. You chose the out of catchment school. Unless their admissions policy has changed, your current situation was always a risk when you had more than 1 child.
2. You could move your older child. You are choosing not to for valid reasons, but that remains your choice. If logistics were that important, arguably you would do whatever you could to make it easier i.e. moving your eldest.
3. One of the issues is a change in your work, which isn't relevant to appeals. Personally I don't think an appeal is worth it.