Not got the school we wanted? Do we HAVE to accept the one offered?

[oinker]

I am doing this enquiry for my brother who's son has been given a place in a local non faith school which he never applied for. My nephew has dyslexia and is about 3 years behind (not statemented). He has had a catholic upbringing and education to date... The catholic schools he applied to have not accepted him... My brother and SIL are appealing.... BUT
The question I have is

Do they have to accept the school offered? They have been told that they HAVE to by school govenors at nephews current primary school and head teacher. They have been told that if they don't Social services will get involved. Is this the case. They have a form which needs completing and despatching to the Local Authority by 15th of March.

Does anyone else have any ideas of what the ruling is?
My brother and SIL are really worried?

I would strongly advise them to accept the school offered, it will in no way affect any appeal or waiting list (their chances won't be affected by him not having a school place either). I can't see why SS would be interested, unless there is something else going on. Actually it is none of the primary schools business. If at some point in the future your Brother and his wife wanted to homeschool your DN that would not be affected by them accepting the school he has been offered.

Okay the next thing they need to do is to make sure they are on the waiting list of all schools they would prefer him to go to (not necessarily just those they originally applied to). I would suggest they do also look at non-faith schools and even c of e ones, just in case.
Then they need to decide which ones they are going to take to appeal. Then come up with the reasons for your DN to really need to go to that school. Faith and any special provision for his needs will be a good starting place, but it needs to be targeted to each school individually. Also look at extra-curricula activities and other factors, and get as much evidence of your DN needing these as you can.

Hello Oinker, I am not an expert, but for what I have been reading in MN, they have to accept the school offered, as if they don't, they risk not having any school at all. By accepting the place offered, doesn't mean that they can't apeal to the school the want to, or stay in the waiting list/continued interest list for the school they would like or any other schools.
I don't know any thing about apeals, but they should have received information from the LEA on how to appeal, otherwise, more experts MNs will come and will help.
Good luck to you nephew!!

The strong advice is to accept the place offered.
Accepting the place offered does not jeopardise or compromise or in any way undermine any other chances of a place on the waiting ist or on appeal.
If they decline the place offered they may find that the only other alternative is even worse, and I think I saw prh47bridge, an expert on these things, say that if you decline the place offered you remove the LA from the obligation to find you a school place.

I don't see why SS would be involved, If you decline a place the form in our borough asks you to to say what alternative arrangements you are making for schooling or education, but you would be entitled to Home Ed.

It is strategically the best plan to accept the place, and not unlawful to decline.

Accept the place and then make sure his name is on the waiting list of all schools which would be acceptable, and seek advice (MN is a good place) as to the best way to make an appeal to the favoured schools.

When he applied did they make a case for social and medical need wrt to the dyslexia? And demonstrate why the first preference school would be the best to support that need?

You have all been really helpful.

I will let my SIL and brother know your responses.

Many Thanks.

As others have said there is no legal requirement to accept the offered place. It is just a sensible backstop whilst you try to get a better alternative.
The primary school are really out of order in saying that you have to accept and even more out of order in bringing in the spectre of SS to the conversation. Unless there is good reason to involve SS then admissions have absolutely nothing to do with SS.

Thanks for the info.

I was a bit surprised when they said that too. SW's have more important things to deal with.

Did they say social workers? Or School welfare officers? I guess school welfare officers might get involved if a child is not being educated at all.
Is there some other reason why the school would get in volved in this way or say that to your brother?

The general appeals advice given on here is to find out what the reason was for not admitting the child, and check that that decision has been made correctly. Was the reference from the church given on time, have they measured the distance from door to door correctly, or whatever, and to challenge any ways in which the school in question have not correctly applied thier own admissions criteria.

If no grounds for appeal there (usually the decision not to offer a place is because too many other people who were higher up the criteria were offered ) then you need to show that the disadvantage to the child in not attending that school is greater than the disadvantage to the school in admitting them.

If the grounds is support for dyslexia then they need to be able to demonstrate exactly how that particular school can offer the support that he needs in a way that the school offered cannot. Important not to criticise the other school. Demonstrate that his educational and social needs can particularly and best be met by the school in question. This might include friends attending, if it relates to his dyslexia or needing curriculum support. If there are strong reasons why a faith school can meet his needs then include those.

After all the acceptance forms are in there will be another 'shakedown' of offers and lots of waiting list places become free - but he must be on those lists. Places continue to come up all through the summer.