reception appeal - very long -sorry

[chillie]

my son did not get into our 1st preference school as we do not live in the parish boundaries and the school is hugely oversubscribed. However the school itself is not situated within the parish boundaries and we live 50 metres from the school. added to that the school has set as one of its criteria that you can be a parishioner even if you don't live in the parish if you attend their (named) church. i have looked this up and apparently in is unlawful to name a particular church (race relations act).
we have decided to appeal based on the fact that their criteria is unlawful and are fairly confident that this will be upheld BUT as we do not know how many people who did not live in the parish but did attend the church were offered places we don't know if we would have been offered a place if they hadn't been.
does anyone know if we have to be offered a place as they would have been after us in the admission order or can they just say 'sorry you're on the waiting list, the class is full.

Any opinions would be really helpful!

thanks!!

I thought it was quite normal for church schools to name the church in their admissions criteria

Our church schools all name the church

Sorry, you didn't actually say this was a church school. If it's not a church school it would be unusual to name a church and you could be right about it being unlawful.

It is a church school and its fine to name the church parish just not the church itself. this is because you would be possibly indirectly discriminating against people who attended a different church of the same religion if they chose to attend a different church because that church had a mass in their language and the named church didn't.
sorry if i had'nt explained properly.

So do you go to another church with mass in a diff language?

Ours definitely name the church.

e.g.
Criteria 3 - those whose parents attend St Michael's Church at least twice a month.
Criteria 4 - those whose parents attend another C of E church at least twice a month.

Almost all the church schools in our borough name the church, I would be amazed if it is deemed unlawful

Yes, i go to a church with a portugese mass. this is Catholic school i am talking about. i would imagine it is unlikely that you would have people needing to go to a different language mass if it was a church of england church.
i learnt of this unlawfulness by reading my dioceses guidance on admisssions for governing bodies and have phoned them and they have told me they are in talks with the school to change it but the school is refusing. as a last resort the have actually advised litigation which quite shocked me.

Ah yes, our catholic schools just say resident in the parish(es) of...

All admissions are considered at same time on same day - this is law - so you will have been in this pot and all places filled until they filled admission number met. You must not have met criteria until all places were filled. Adnissions criteria are really carefully written and adhered to by schools so doubtful you will be successful with appeal. You have to remember church schools are funded by the church and there for the people of the parish so it really doesnt matter where the parish they servev is - if thats the parish, thats the parish.

It is possible to go the taking them to court way if it's unlawful. DOnt want to give details but I've seen it happen a couple of times.

Actually I have just re read the whole thread and think their admissions criteria may be unlawful if it names a church although it should be checked by the diocese who would flag this up and it is really really bad if they havent.
The admissions criteria should start with looked after children living in the area then baptised catholic children living in the parish with siblings at the school then catholic children living in the parish.
Let us know how you get on.

oldwoman i'm not saying i should get in before people in the parish, i'm saying they have let in others who dont live in the parish just like me but who go to that particular church. that church does not suit me for various reasons but my religious character is no different than those who go there or to any other catholic church so the catholic church states you need a reference from your priest, they don't care where that priest is based.
Also since it is voluntary aided the school govenors are the admission authority.

sorry oldwoman i wrote my reply then got the kids out the bath then pressed send so please disregard

Here is our Catholic school's admissions code

Priority will be given to looked after children from Catholic families (i.e. children in public care) followed by baptised Catholic children from practising Catholic families, who are resident in the parish of St John's.

When the School is oversubscribed with Baptised Roman Catholic children who satisfy the above conditions, the presence of siblings in the school at the time of admission or medical and pastoral grounds would contribute to admission decisions.

Chillie you are right. The parish is named, but not the church.

In fact, even on grounds of over subscription, the church is not named. I wonder is this is standard for church schools? If it is, then you would have grounds for appeal.