Primary School Appeal Help

[DastardlyandSmugly]

I have an appeal date for our closest primary school on 21st May and I'm looking for help.

To recap we applied to 4 of our 5 closest schools and were not offered a place at any of them. Our appeal is a class size appeal for our closest school (I know these are rarely successful so am going in with eyes open). We're appealing on the following grounds:

1. We are in dispute with the LEA about the distance from our house to the school gate. They are using some online tools and come up with a distance of 635m. We have hired a measuring wheel and walked the distance which is 607m. This doesn't get us directly into the school but does get us much higher up the waiting list.

1. Last year the school had a three class intake. This year it's only a two class - so the school clearly has capacity for three classes. Given that there is clear pressure on places in my area (I have council papers acknowledging this) and 421 children were not offered a place on offer day, this seems to be terrible planning on the LEA's part. I've been told by a local politician that the council are not averse to putting an additional class on at the school but are waiting to see how the land lies.

1. My husband works away a lot so I am frequently left taking the DCs to school by myself. I work full-time and don't drive. DD attends a nursery a 20 min walk from our house and we walk past this school on the way up there. Surely it's unreasonable of the council to make it more difficult for me to attend work?

1. The Admissions Code states that 'The Government is keen to promote sustainable, healthy travel to school (for example walking or cycling). It is while children are young that habits of a lifetime are set. If children habitually walk or cycle at primary age then we maximise their chances of choosing healthy travel options in the future. Where possible, the admission authorities for primary schools should ensure that their admission arrangements encourage children to walk or cycle safely to school, and for other schools, admission arrangements should support sustainable and healthy travel.' The options that the council are currently proposing is that we apply for schools quite some distance away which would involve using transport to get there and back.

1. We want our DS to be part of a local community. Almost all his friends from nursery will be attending either this school or one of the others that we applied to. We know a lot of people in the area and we would like our DS to have close access to his friends and his school.

Overall we feel like the LEA have let us down badly. Of the schools in our ward we can't get our DS into a single one. We seem to live in a no man's land, and this is despite the fact that one of the governers at the school we're trying to get our DS into lives on our street.

I'm hoping some of you with experience of this (legal or personal) can help with how we might conduct the appeal and what kind of things we might need to take in there. We're very nervous about it.

Thanks in advance.

Excellent letter!

Thanks - your feedback is really appreciated.

Hi DandS - also agree it is a good letter.

Assume you are emailing it to the people concerned, and that you have contact details, but if not then the formula is first [email protected]

Thanks GoingPostal. I hope something happens too. I'm so fed up of feeling tense and worried all the time.

Hi another quick thing if anyone is around. I am trying to help a mum in Lambeth with her appeal. It's for a foundation school where she lives opposite the gate. They have an additional thing in their oversubscription criteria, above distance, children who have attended the school nursery.

They offered her a part-time place at the nursery a couple of years ago but she had to turn it down as she works full-time. Has she been discriminated against or is this criteria something that the school can use?

Hello again.

Schools are permitted to give priority to children who have attended the attached nursery - although very many don't. The School Admissions Code (available here) says:

Primary schools with attached nursery class

2.66 Where schools have a nursery class attached, separate admission arrangements must be published for entry to the nursery. The provisions of this Code do not apply to nursery classes. Published admission arrangements must make clear to parents that their child?s attendance at the nursery class does not guarantee admission to the school for primary education, and that a separate application must be made for transfer from nursery to primary school (as it must for transfers from infant to junior schools).

2.67 Admission authorities that propose to give priority to children who attend the nursery or the co-located children?s centre for nursery provision should ensure that families that live nearer the school, those who choose to take up other nursery options or the free entitlement at an alternative local provider, or those who have recently moved to the area, are not unfairly disadvantaged compared to other families.

Likewise, the Parents' Guide says that "Schools can prioritise children at attached nurseries, but they should make it clear to you that attending a particular nursery does not necessarily guarantee children a place at the school".

So, the school has not done anything wrong by giving priority to children who have attended the nursery, but the question then arises of whether they have complied with para 2.67 of the Code, ie not disadvantaging others who live nearer the school and/or attended other nurseries. If she lives literally opposite the school gate and still didn't get a place it does suggest that there's at least an argument to be had that she has been disadvantaged and the admission arrangements don't comply with the Code.

It might be worth her asking the school now for a statement on what they do to ensure that the priority for children who attended the nursery does not disadvantage others - what safeguards are there? If they cannot identify any safeguards, she can present that at the appeal to argue that the admission arrangements are not compliant with the Code.

It's hard to predict what the panel might make of it.

And, as before, if this is an infant class size appeal then it is all about whether the oversubscription criteria have been properly applied and whether the process is so flawed as to be irrational. (See the multiple threads on which this has been discussed).

The Admissions Code says that the school can give priority to children who attend the nursery but they should ensure that families that live nearer the school, those who choose to take up other nursery options or those who have recently moved into the area are not unfairly disadvantaged compared to other families (paragraph 2.67). That's a "should" rather than a "must" so it isn't compulsory.

This paragraph clearly implies that the school can use attendance at the nursery as part of their admission criteria.

She clearly lives nearer the school than some of the children admitted via the nursery so I would point the panel at that paragraph and let them work out whether they think she's been unfairly disadvantaged. Given that the admission code doesn't stop schools from using nursery attendance I think it is a long shot but you never know.

And to add to what Panelmember has said while I was typing

If she uses this one, your friend will be arguing that her child "would have been offered a place if the arrangements had not been contrary to mandatory provisions in the School Admissions Code and the SSFA 1998" (Appeal Code para 3.19(b)). The fact that paragraph 2.67 is a "should" rather than a "must" weakens her case as it isn't actually mandatory but I agree with Panelmember - I've no idea what the panel will make of it.

Thanks again. She lives 30m from the school gate so I'm assuming that she has a reasonable chance of proving she's been disadvantaged.

Aha! PRH has found the bit that I was searching for about "contrary to the mandatory provisions ... etc".

Yes, there's a case for saying that she has been disadvantaged. The difficulty, though, is that the Admissions Code allows schools to give priority to children from the nursery and the provision about mitigating any disadvantage (para 2.67) is a should, not a must. So, this suggests that there could - within the letter of the Code - be such a thing as a permissible disadvantage, so to speak. After all, anyone who has not got the school place of their choice can argue that they have been disadvantaged - the reality is that when schools are oversubscribed someone has to be turned away.

That's why I find it impossible to envisage how the appeal will turn out.

I can't type fast enough, but I agree!This is going to be case that is going to depend on how much the panel think that someone who lives 30 m from the school gate should reasonably have a place at the school.

Thanks again - this is really helpful.

Oh can I also ask if she can use the following. When she rang the LA after finding out that she hadn't got into the school she explained to them that she was a single mum who worked full-time and would struggle with the school her son has been allocated (no direct transport and quite a way away). The person she spoke to told her that she would have to give up work and go on benefits! She has no record of this but is it something she should mention as it's bloody appalling!

Somewhat of an extreme view and definitely not very helpful but whilst it might be personally offensive (I would be annoyed!) the panel will not take this into consideration. As long as the LA have allocated a school place they have fulfilled their statutory requirement even if it is a considerable distance away. I would add that there have been legal cases about the distance to school and whilst each case is individual it would seem that the basic legal requirements have been met even if the schoool is 1 hour plus away.

That however does not stop anybody appealing on the basis that it is too far. The above is about the legal need to have a school place not what is sensible for a mother with a couple of infants getting a 5 year old to school.

Thanks admission.

Hi - I've had a response back from the councillor below. Would you let me know what you think and what my next steps should be?

Thank you for your email I can assure you that urgent steps are being taken to resolve this problem of which you will be notified shortly. In Wandsworth we are working on a long term resolution as the lack of primary places has, at last, been confirmed by the DCSF as a long term issue not just a blip in the statistics, a point we have in Wandsworth been making for a couple of years. We also have a short term issue while long term plans are finalised, these have to be fluid and react to parents choices. We will be able to offer all Wandsworth residents a suitable place for their child in September. I am sorry for the stress I know this causes parents but I ask you to be patient with us as we have to negotiate suitable places for children in schools that I know parents will be satisfied with rather than just offer places in schools that have places further away from parents communities.

Hi there

It is a promising response (and they do have a fair point about DCSF) but I don't think it goes far enough in terms of the reassurance you need. Also, new govt may mean more delay / new policies being implemented ...

I would reply saying thanks for the assurances, however at this point in time you remain very anxious about the situation and need more clarity. Also point out about how difficult this is for a young child whose peers know about their schools, while she as yet has no idea about where she will be going in one of the biggest transitions in her life.

Ask if you can have either a face to face meeting or phone call to talk in more detail about what these "urgent steps" actually are, and exactly how they are negotiating places for children in schools when you have found yourself to be utterly alone and without support from the LA, hence the need to go to appeal.

Councillor isn't going to want to put anything on paper, and you might need to say if she can give you more details you will respect that confidence (ie not go to the press but I wouldn't say that in so many words).

if she can't give you more detail then I think you do need to highlight this with the press if possible, and get them to follow up on what these urgent steps actually are.

I tend to agree with goingpostal about trying to arrange a face to face meeting which will do you no harm and will keep the pressure on the Councillor and LA. A key issue is timing regarding the short term answer (the long term answer is irrelevant to you) so I would push them for a time by which you will have a place allocated.

Reading between the lines of the message I would say they were planning on putting in a place a good few bulge classes, whether that wil be at your preferred school is anybodies guess. It might be interesting to just say to the school receptionist I understand we are having another 30 in reception and see what how they react and what is said!

Other thing to say is that as and when you go to appeal I would not mention that you are in touch with the Councillor and Director unless the LA rep brings it up. The panel could just take that as a suggestion of pressure being applied to gain a place. Put plenty of pressure on them by all means but channel it into the arguement that you do not have a school place and your prefence is for this school, you need to know because your child is starting to fret about it.

Hi all - quick news from me. Councillor has responded to my request for a face to face meeting by letting me know that they have negotiated an extra class at the school and that we will be receiving an offer letter tomorrow

Once again thanks so much for all your help - I'm unbelievably relieved and happy and don't think we would have gotten here without everyone's advice.

Mumsnet is a wonderful place!

brilliant result What a relief that must be for you, you might get some sleep tonight

yippee,
great news for you and 29 others.

Yes - that's the rub isn't it admission? I'm wondering what else they're doing to solve the immediate problem.

Excellent news. Well done. I suspect the pressure you applied helped to move things along.

hooray!! great news and what a massive relief for you and your family.