School appeal under exceptional arrangements

[TUNEPIPE]

Would be most grateful if anyone could give me advice in respect of appealing for a school place after my application under exceptional arrangements was unsuccessful. My grandson lives with my husband, my younger daughter and myself under s Special Guardianship Order, as does his two younger sisters. Their mum, my older daughter was unable, unfortunately, to prioritise their needs. We have been involved with Social Services for over 4 years due to this situation and my grandson had quite a bad start to life. I took advice and because of our situation, felt our family situation was very sensitive and with the involvement of social services thought we could apply under exceptional arrangments, especially as he requires professional help with his emotional needs and his speech. The school we applied to was one that out younger daughter had attended but unfortunately she left last year to move on to secondary school. We were not considered for any of our three preferences and the school we have been offered is where my older went and one that I felt contributed to her long term problems. She was not very happy there at all.

What are my chances of being successful with my appeal especially as this is a very hard category to be considered under. Any help or advice would be greatly appreciated.

Excellent advice already from Admissions.

I doubt that the appeal panel will be swayed by the argument that the allocated school failed your daughter and so is unsuitable for your grandchild. They will probably take the view that your grandson is not his mother and, besides, a lot of time has elapsed since his mother was at that school. You need, I think, to turn this around and focus on why your grandson should go to your preferred school, not why he shouldn't go to another school.

I agree, too, that you should tread carefully in mentioning your grandchild's emotional or speech difficulties. They are highly relevant if you were applying/appealing on medical/social grounds but as this appeal is about exceptional circumstances you need to present your case in that light.

Have you looked at the Advisory Centre for Education website?

Many thanks for further advice.

Ref: ilovemydogandmrobama - my grandson would definitely not come under looked after child. He does not fit the legal term unfortunately.

Ref: zanibarmum - I do feel sad that the head teacher has not considered us under this category. She said it was a difficult decision to make especially as she knew us as a family. When my daughter attended the school they were aware of our family situation and were very supportive.

Ref: TrowelandError - thanks for contribution. I am still not clear on whether we have to prove that our preferred school is the only one suitable under exceptional arrangements. Is it sufficient to supply evidence from our social worker confirming that our grandson has suffered neglect and the difficult start he had in the first few months after he was born. He has confirmed that children in my grandson's situation find the transition to primary school particularly difficult. I know that because of his emotional problems (due to his early life experinces) the move to school will be very traumatic for him. Any suggestions would be much appreciated.

tunepipe,
The admission criteria for the school is as I understand it, L.A.C., secondly exceptional arrangements, thirdly siblings at time of admission and fourthly distance.

During the first part of the appeal process the admission authority has to show that the school cannot accomodate any more pupils and most importantly that the admission process was properly carried out.

I would suspect that places have been admitted down to distance and that you have been put into this category but are further away than the last pupil admitted - hence no place.

If you can show that the school should have considered you under the "exceptional arrangements" category then you would clearly have been offered a place. This is a potential mistake by the admission authority and as such the appeal panel will give you a place at the school if they agree with your belief. This has to be raised during the first stage of the appeal hearing and you should be asking for a comprehensive definition of the admission category in relation to your situation.

In all probablity the Chair will tell you to raise it under part 2 of the appeal hearing, but you need to get the Chair to say this rather than wait for part two. In part two you have the opportunity to explain why this school is the best school for your grandson and part of this explanation is the belief of you and social services that you are an exceptional case and part of it is the reasons for this school.

What you are looking for is that the admission panel agree with you being an exceptional case. If they do you will get a place. If they do not then you will have a far weaker case of the reasons to go to that particular school, when I would suspect there is fair chance you will not get a place, especially if it is an infant class size appeal.

Tunepipe - All I'm trying to suggest is that in your appeal, you should focus on the school you want, not the school you don't. As for whether you have to demonstrate that your preferred school is the only one that would meet your grandson's needs, much depends (I think) on the precise wording of your LEA's oversubscription criteria.

I've just been looking at a few LEAs' websites, to see if any spell out what they mean by "exceptional circumstances". My own LEA mentions "exceptional medical or social needs" (which might cover cases such as yours) and our appeal panel probably would expect evidence that those needs could not be met by most schools and only one school (or a couple of schools) could meet them. I found one LEA - Cornwall - which said that they would require "unequivocal" evidence from a educational or health professional that the child's need could only be met by that school and admission was "essential". Leeds, on the other hand, was the only one I found which set out "exceptional circumstances":

.... b We may decide to admit any child in exceptional circumstances that would significantly benefit the relevant child or their parents, or local children or their parents. Children likely to fall into this category are:

children who are in public care or fostered under an arrangement made by the local authority;
children with a statement of special educational needs;
children who do not have a statement but who may have special educational needs; and
excluded children or children with a history of challenging behaviour.

What exactly do your LEA's criteria say?

Admission's post crossed with mine.

I have been assuming that the admissions authority did consider your application under the "exceptional circumstances" criterion and decided (somehow) that your circumstances were not exceptional enough. If it becomes clear - from the papers you should receive with notification of the date of your appeal, setting out the admissions authority's case (or before that) - that you were not considered under the "exceptional circumstances" criterion but were lumped in with all the "distance" cases then, as Admission says, this needs to be highlighted very quickly at the appeal.

Many thanks TrowelandError and Admissions for your much valued advice especially as it was sent late at night! Just thought I would clarify my preferred school's admissions policy in respect of Exceptional Arrangements. You may recall that they are a foundation school and therefore deal with their own admissions as follows:-

Second Priority - Exceptional Arrangements - Occasionally there will be a very small number of children for whom exceptional arrangements will apply. These exceptional arrangements may override other admissions priorities. The definition of exceptional arrangments taken from the Surrey guide to Admissions is attached at Appendix A. Admission under this criterion will be agreed by the School Admissions Committee.

Appendix A - Exceptional Arrangements

First admissions to School - The law says that Key Stage 1 pupils (4-7 years) should be in classes of no more than 30. This means that we can only consider applications for this category if we receive them by the admission closing date. If you want us to consider 'exceptional arrangements' as part of your application for your child to join the reception class, you must show this on the application form and attach supporting evidence.

Medical and other reasons - (have missed out bit about medical cirsumstances) If there are sensitive family circumstances, perhaps involving the support services (for example Social Services), we may also consider these when you apply. Again, you must provide documented evidence or reports, as appropriate. If your child qualifies for priority admissions under one of these eceptional arrangements we will offer them a place. When this happens, the number of places offered may be more than the Published Admission Number (with the exception of Key Stage 1 pupils joining reception classes) until there are vacancies which will allow numbers to go back to the published number. It is important that any exceptional cirsumstances, as described before, are shown on the application form when you apply and you attach supporting written evidence. If you do not do this, we cannot consider offering your child a priority placement.

Sorry if this is a bit long but wanted to include everything. The bit about the Published Admission Number with the exception of pupils joining reception classes is not too clear to me (I think I am having a brainstorm trying to get this appeal together!) Any thoughts would be greatly appreciated.

Hello again.

I think the bit about PAN means that they will consider admitting a child under the exceptional arrangements, even if that takes them above their usual class size and so the class will be over-capacity until such time as another pupil leaves, unless the child would be entering reception, in which case the legal class size limit of 30 still applies and so they won't admit beyond this number even in exceptional circumstances.

Lastly, I wonder whether the statement you submitted from your social worker was clear enough about what you were seeking and why? Did it set out all the reasons why your grandson needs a place at your preferred school? Or could it be (mis)read as being about his speech and emotional needs? Can your social worker provide a more substantial letter or report?

Hi TrowelandError

My social worker has indeed done a further letter detailing the neglect my grandson suffered and views from his professional experience about how early year trauma can make it difficult for children like my grandson when they are moving to reception class at school. Would it still be O.K. to refer to the nursery's letter about his emotional needs because I feel that these are a direct result of his early neglect? Based on the school's admission criteria for Exceptional Arrangements I feel that we qualify under this category. What do you think?

Hi again

I don't see any harm in using the nursery's letter, as it all adds to the picture of your grandson that you're putting before the panel. But what (as I read it) Admission has been suggesting - and I agree - is that you need to make sure that the panel is in no doubt that this is about the difficult circumstances of your grandson's early life and their long term effects and the need for a very sensitive handling of his transition to school. His emotional needs are one part of the picture, but not all of it. So I would put more emphasis on the social worker's report, but still include the nursery's letter. (A further point that occurs to me is that if you wanted to give more emphasis to his emotional needs, a letter from a paediatrician or psychologist would probably carry more weight than a letter from a nursery where, although they have experience of working with many children, they are probably not qualified as doctors, psychologists or therapists).

But, really, I think you should do whatever you feel will best represent your grandson's interests.

Tunepipe,
Surrey's statement in the admission criteria is an open invitation for you to appeal on the basis of the exceptional circumstances as it confirms that they will go over 30 in the class in these circumstances. Something that you should mention at the appeal, just to remind the appeal panel about.

Based on past experience there will be others who wil attempt to gain a place at appeal using this admission criteria, with child care arrangements being the most cited. These are plainly in-appropriate appeals against this criteria whereas your is not.

I agree with TrowelandError that a letter from a paediatrician or psychologist would enhance your case. However in all letters that you submit you need to be careful that whoever writes the letter says it is my opinion or such words. If it says "Mrs Smith tells me that Junior....." then it actually will have no weight at the appeal as the professional is just reflecting your belief not theirs.

Admission - As ever, I am learning from your contributions.

You say that Surrey's statement is an invitation to appeal, but does the bit about "... with the exception of Key Stage 1 pupils joining reception classes ..." not close that particular door for Tunepipe's grandson?

Hi TrowelandError,

With ref. to your last post, does that mean that even if our case was upheld by the panel we could not be offered a place anyway?

Hi again.

Well, that's why I'm interested in Admission's view. I read that bit as meaning that Surrey would exceed their usual class size to admit children under "exceptional circumstances" except for reception classes, so to me that sounded fairly discouraging - although not entirely discouraging, because although they wouldn't admit your grandson as the 31st child in the class, you could presumably be offered the first available vacancy.

But the panel will make their own decision independently - it's not unheard of for panels to decide that a child should be admitted as the 31st child (then leaving the school to resolve the issues about class size and funding).

In all honesty I had completely missed the phrase "with the exception of KS1 pupils joining reception". It is a very strange thing to say as they are differentiating reception year from every other year. I am sure they have a reason for saying this but I can't think what it is at present.

In terms of any appeal I don't believe it makes any difference because the panel will come to a decision and the LA have to accept that decision. If the panel decide that the admission authority should have considered the pupil as an exceptional circumstances pupil then they would have been offered a place at the school as they had high priority. The panel will therefore award a place to the pupil. Because the panel have made the decision the pupil will be admitted as a 31st pupil (excepted pupil) and the school have the whole of the school year where they are allowed to run with this 31st pupil in the class.

To me the bigger problem is whether the panel will accept that you should have been treated as an exceptional circumstances pupil. It is impossible to second guess a panel on this and the only way you are going to find out is by appealing. You have nothing to loose.

Many thanks once again Admissions and TrowelandError. I have just received my appeal date for 10th May (panic stations!) I will certainly give the appeal my all for the sake of my grandson. Unfortunately not sure if I will be able to get a support letter from a paediatrician or pyschologist at this late stage but will have another word with my social worker. Fingers crossed for the day. Think of me!

tunepipe - are you already under the care of a paed and/or psychologist? If you are it's always worth putting a call in to their secretary & explain the circumstances. They are normally very helpful & could even send you a letter without you needing to see them in person. (My DD was referred to the paed for allergy issues & although he's now effectively "discharged" us back to GP care, he said if we ever needed anything (he even said "letters for school etc") or new issues occur then to ring his secretary rather than wait to go through the referrals process again, and he would sort it out )

(I agree it will be hard to get a referral/appointment in time at this stage)

Good luck with your appeal

Thanks for your post Betsyboop. My grandson did actually have an appointment with CAMHS this week for an assessment which wasn't very helpful as they felt he was very young (age 4) for any input from them, although they probably will refer him for speech therapy. Their report takes about 4 weeks to come thro but I think I will ring them to see if they can provide me with any sort of support prior to this that I can present to the appeal panel. Many thanks for your advice.

I have just received school's statement in respect of our appeal and it basically says the same as the head teacher's letter. I thought that it would be a bit more indepth. It says:-

Mrs. X applied for admission under 'exceptional cirsumstances'. The decision of the school had to be objectively based on the criteria for admission under exceptional circumstances. In order for us to admit under these criteria we would need to be able to demonstrate that school would be able to meet grandson's needs and that these needs could not be met (or indeed better met) by a school closer to the family home to an extent which would mean that grandson should take priority over other children in the case of over-subscription. Whilst recognising and sympathising with the needs of grandson and the family the governing body did not feel that these met the criteria for exceptional circumstances. The only specific reason given for school being able to meet grandson's needs more fully was that he attends X nursery and would therefore move onto school with other children he already knew. However this choice for grandson to attend a nursery outside his local area was made without a guarantee of a place being availble at school in the reception year.

We have subsequently admitted 30 children to reception for Sept. 2010. In order to comply with government regulations, admitting an additional child would require the employment of an additional teacher, possible for 3 years until the additional child moved into Key stage 2. The cost of an additional teacher for 3 years is in the excess of £100,000.

It looks as if my grandson has been considered under exceptional arrangements but I still do not feel that they have given due consideration to his circumstances. The bit about the only reason given was that he would move up with friends sounds weak. But in the context of his past and the effect that this has had on him, it is very important. Also the piece about his nursery and that it did not guarantee him a place at school reception is totally wrong. We choice this nursery because apart from being a very good one, my younger daughter was attending school at the time and distance wise it was very convenient to drop off firstly her and then our grandson just down the road.

Any thoughts would be most appreciated. I have still to submit my appeal statement and obviously want to re-iterate his past neglect and our involvement with social services and was also wondering whether the piece about choosing the nursery should be addressed in my appeal or should I bring it up on the day of the actual appeal?

Hope that this is all clear and sorry if I have rambled but would appreciate any further help or advice.

What the admission authority (the school)have done is confirm that they considered your exceptional needs from a medical perspective and found them wanting - this is exactly as one would expect. However the wording is Medical and other reasons - If there are sensitive family circumstances, perhaps involving the support services (for example Social Services), we may also consider these when you apply.

They have failed to take that into consideration and as such the appeal panel will need to make a determination as to whether your circumstances under that criteria do meet the necessary standard. They may well still agree with the school but it is certainly something that needs to be emphasised to the panel. You clearly have to try and demonstrate that the school had far more information on this then just he was attending the nursery on which they should have made a decision.

You should include everything in your appeal document, so that the panel have the opportunity to study it carefully before the date of the appeal.

I see you asked for my advice earlier on this thread. My apologies for not responding.

Looking at the school's statement, the appeal is a straightforward question - did the governors make a mistake in deciding that your grandson didn't qualify for admission under "exceptional circumstances".

I am interested that the head teacher said that as your grandson is not a looked after child he doesn't qualify under exceptional circumstances. That statement is clearly wrong. If it was only looked after children who qualified they wouldn't need this category at all as looked after children are always highest priority. If you have evidence that the head teacher said this you should certainly bring it up at the hearing. Indeed, if she is there I would ask some innocent questions about how they arrived at their decision and what input they had from Social Services to see if she repeats her statement. That alone might be enough to convince the panel that your case wasn't looked at properly.

You can certainly explain your reasons for choosing this nursery. The school's statement is actually correct - there was no guarantee that there would be a place for your grandson in Reception. They haven't said that you chose this nursery to try and get into the school. However, the panel may draw that inference so making the real reasons clear is probably a good move. I would generally recommend putting everything significant in your appeal statement.

Your main case is that the school have not given proper consideration to your grandson's circumstances and therefore made a mistake by not including him in the "exceptional circumstances" category. You should therefore concentrate on that.

The panel should receive a copy of your original application along with all the supporting documentation you submitted. If that didn't come with the school's statement I would suggest that you submit it with your statement. You can include information that you have received since you made the application but the panel may give less weight to that on the grounds that the school had to make the decision on the information available at the time. Certainly if you submitted evidence that showed the school should not have been so dismissive of the need for your grandson to stay with children he knows you should emphasise that.

Good luck.

Thank you so much admissions and prh47bridge for your much valued advice. I think I am pretty sure about what to include in my statement now. My social worker has written a further letter detailing the ongoing effects of neglect and separation on a child like my grandson and I do hope that the panel will take this into consideration too. I have to keep positive and try my best for my grandson. He deserves it! Think of me and thanks for best wishes.

Tunepipe, I'm not nearly so knowledgable as Admissions et al but from the description of your grandson's circumstances and experiences my first thought was to wonder if any of the professionals he's been seen by has suggested that he may have some form of attachment disorder? If so, then inclusion of that descriptor in a supporting letter/report backed up with a statement explaining the importance of stability and consistency for children with AD may go some way to persuade the panel why the school you want IS the only one that can meet his needs as it's the only one that won't involve another change/move.

Do be specific about why you originally sought a place at his current nursery i.e. due to his Auntie (your daughter) who lives at the same address as him, being a pupil at the school at the time he started nursery, coupled with the family circumstances being well-known to the school and thus well-placed to support your grandson in line with the 5 outcomes of the 'Every Child Matters' agenda.

Thanks for comments SE13Mummy. My social worker, who is in Children's Services, has written a further letter explaining the impact of neglect, separation and loss and the importance of stability and consistency as you have so rightly pointed out. I intend to address the issue about why we chose nursery and I am grateful for your contribution. All advice has been most helpful and I am extremely grateful for everyone taking the time to reply.

Tunepipe, I've got everything crossed that your appeal is successful & I think you have a strong case, so hopefully you will get a sympathetic panel.

I know this has already been said, but I think with the school saying "The only specific reason given for school being able to meet grandson's needs more fully was that he attends X nursery and would therefore move onto school with other children he already knew." actually helps your case in a roundabout way, as you can show very clearly that the school obviously didn't consider your DGS's circumstances as to why it's more important for him than most kids. It's not just about "staying with his mates" as anyone could argue for their DC, it's about helping him to move forward through the after effects of neglect and social depravation that affected his early life. If you can get this point across clearly in the appeal, backed up with reports from professionals (ideally saying "...in my professional opinion...") then I think you have every chance of success.

I'll be thinking of you - do you know when the appeal is yet?

Just to emphasise one of BetsyBoop's points, you need reports to say "in my opinion" or something like that. It must be clear that this is the opinion of the person writing the report and that they are not simply reporting your views.

And I agree that the statement from the school strongly suggests that they didn't properly consider your family circumstances. That doesn't guarantee the panel will consider that your circumstances meet the requirements for "exceptional circumstances" but it means they should take a good look at them.

Good luck with your appeal and let us know how you get on.