School Appeal - Net Capacity - blinded by numbers, please help!!!

[MrsOB]

Hi

Just wondering if anyone can help me with school appeal information.

We have our appeal next week and today I have received information from the school called Net Capacity Assessment Method Form. I also received a list of number of puplis in the school....(there are currently 202 and there will be 206 when the new reception year starts in September 2010):-

The net capacity figures were:-

maximum workplaces = 210
minium workplaces = 189

I also had a list of teachers (full time, part time etc).

Can someone point me in the direction as to where I can get information to explain how the school will use this information?

I would just like to understand it before I go in there so I feel more confident about the process (I'm rather nervous!).

Thanks in advance for your help,
MOB

The school's net capacity is a way of working out how many children the school can accommodate. It starts with a calculation using a standard formula laid down by the government taking into account the number and size of classrooms and the amount of non-teaching space. This produces two figures - the maximum (which is the calculated figure) and the minimum (which is 10% less than the calculated figure). These are the two figures you have been given.

The admission authority (depending on the type of school that is either the LA or the school itself) then determines the official net capacity. This will be somewhere between the two calculated figures.

The admission number is then set based on the net capacity. For a primary school it will usually be one seventh of the net capacity (as there are 7 years in a primary school). However, the admission authority can set an admission number either higher or lower than that indicated by the net capacity.

Does any of this help you in your appeal? Probably not. Based on what you have posted, I would imagine the school has an admission number of 30. That means your appeal will be an infant class size appeal. The only way to win such an appeal is to show that a mistake has been made and your child should have been given a place. The fact the school overall is slightly under the net capacity won't help you, I'm afraid.

Do you have any evidence of a mistake? It is still worth going through with the appeal even if you haven't. Something may come out during the hearing or you may be lucky and get a sympathetic panel. But if you haven't got any evidence of a mistake you need to be realistic about your chances of success.

What year group are you appealing for entry into? If yr 3+ won't be ICS which would help you.

Thanks very much for your explanation .... I understand now.

The appeal is for a Reception place so it would be Infant Class size, however we have pretty strong evidence that mistakes were made in the admissions process so I'm hoping that is the way we could potentially win.

Thanks very much,
MOB

MrsOB,
The information you should have received from the admission authority should be very clear that this is an infant class size appeal. It should be specific in stating what the necessary qualifying measures they would have to take in order to admit another pupil. This will almost certainly be the employment of another teacher. If that information is not there then you need at stage 1 of the appeal to make the point to the panel that the admission authority (either the school or the LA depending on the type of school) have not met the basic requirements for proving their case.

You also need to be aware that you need to raise your concerns over a mistake in both your written submission but more importantly in the first part of the appeal hearing. The panel has to make decisions on whether the admission arrangements have been properly implemented so you need to raise them. The Chair of the panel may well tell you to raise them in stage 2, when it is your personal circumstances that will be discussed but it is best to broach the issue in stage 1.

Hi admission,

Hmmm, that is interesting. The information we have received is; number of teachers, a layout of the school, number of pupils and net capacity info. They also previously sent us a sheet saying their PAN is 30 and to admit more children they would need to create another classroom. From your comment above I'm assuming that is their case?

Really appreciate the help x

Yes that is their case, although I would normally expect to see a class arrangement showing the number of children in each class. However, it sounds like they are saying that there are 7 classrooms each with a class of around 30 children. If they break infant class size limits they will therefore need another classroom. They may need another teacher as well but I think there is enough there to say they've made their case.

Mrs OB, yes, as it is an infant class size appeal they will have said enough in saying they would need another classroom.

If you want to ask an awkward question at the appeal ask them why as they will need a new classroom they can't admit over 30 as from their need only for another classroom they must have a spare teacher they can use in the reception class, which would be appropriate to cover the infant class size regs. Whilst I would be fairly sure that they do not have an extra teacher hiding in some cupboard, it might just create an interesting response. Or maybe they do have an extra teacher!

Oooooh, I do like to be awkward! Will certainly ask that question......

Should we have received a copy of the communication we have sent to the admissions clerk? I was under the impression the clerk should have sent all communication to the panel and we would get a copy of that? I've not had a copy of any of the statements we made (there were 2 as I had extra evidence after the first statement was submitted) so I'm worried the panel hasn't received it either.

Promise that is the last question! The appeals process is so complex..... the advice I've had from the people on here has been invaluable.

Under the Appeals Code, the LA has to give the clerk to the panel any documents you have submitted along with their own case. They have to give this to the clerk at least 10 school days before the hearing unless you have waived your right to 10 school days notice of your appeal.

The clerk has to send out appeal papers at least seven working days before the hearing. The panel is required to ensure that the papers that have been issued are complete and comprehensive.

My reading of that is that you should have received a copy of any papers you submitted. Having said that, I think the critical question is whether the panel have received the extra evidence you have submitted. If I were you I would take copies to the hearing. You are allowed to submit additional evidence at the hearing, although that may result in the panel adjourning the hearing to a later date.

Good luck.

I get the impression that this is a foundation or faith school as they do not seem to have got that much right so far. If it is an LA then they are not very clued up at all on admissions.

As PRH says you should have had copies of all the papers before the hearing, along with details like who is going to be on the panel etc.

Whilst it is important that the panel have all your papers it is also very important that the admission authority should not be introducing new reasons for not admitting at the hearing. Given that it is an infant class size appeal that should not be an issue but you should challenge any situation if the admission authority do introduce anything other than in answering questions.