home education has meant our child is not able to access secondary school

[woodlandwonder]

I am wondering whether there is anyone who has had a similar situation happen. We are in Manchester and the admission criteria for oversubscription places anyone at a state funded primary school and academy before anyone else. This has meant that our home educated daughter has not got in, is 87th on the waiting list and on appeal we have lost. We are awaiting their reasons. Despite the admissions code stating they are not allowed to disadvantage a social group our appeal has failed. We are considering ombudsperson, judicial review etc. Has anyone done this? Children at independent schools are also caught by this criteria.

So although there isn't a direct bus route, she can take transport from yours to the school offered?

As others have said, you have a school place: the fact that it is not at the school you want simply puts you in the same position as thousands of other parents in the country. I don't know on what grounds you could appeal really, since the admissions criteria are clearly laid out - you must have known this would be a likelihood when you chose to home ed?

This is interesting. I did wonder about posting. It was a question about whether anyone had had this experience. We are not special or asking for special treatment. We are asking for equality. We live in such an inequitable world it is sometimes so hard to even think about speaking up because it seems pointless. I am fully aware that this is such a small thing in a world full of heartache, where there was a women about to be executed because she does not want to be of part of a religious group this matter is so so small.

It isn't a small thing to you & your family at all though. I hate it when people say things like that.
I have no advice but I hope that something is sorted for you soon.

I was in a similar situation with dd. we live a mile from the county border and she went to primary over the border.

The admissions criteria for our county secondary schools are similar to Manchester so she wouldn't have got in. The other county were the opposite. Went on home address and we lived to far away. No priority for the fact she'd been at that county's primary school. So she wouldn't have got in to either county secondary schools. She'd have got into one in our county the far side of town, with no transport, etc, nightmare journey.

We realised at beginning of year six and had to move her primary school. Which was a pita, and they were totally inflexible.

Hope you sort something out.

Four miles is actually quite close for a secondary school. Mine had to travel three times that distance.

Well you learn something new everyday ... I never knew Manchester had that policy! I guess it stops some schools getting flooded with applicants from Tameside / Stockport / Salford etc when places are in short supply. I had always assumed it was straight line just like primary. There must be others in the same boat 1.3 miles isn't very close on the South side and 4 miles is a long way in Manchester (the LEA area is actually only a small part of the city itself ). Defo look at a few weeks in a primary and try and jump up the list. Are you on the list for other schools?

You will get her fares paid for by the way as it is over the statutory three miles so you won't have to worry about cost.

I think these admission criteria are in breach of the Admissions Code. And, given the Greenwich judgement, I think there is a strong possibility the courts would rule them illegal. The first step is to refer the criteria to the Schools Adjudicator (NOT the LGO - they don't have any power to rule on admission criteria).

You should accept the place you have been offered. You need to see the detailed reasons for your appeal failing before deciding what other steps to take. It may be the panel agreed that the admission criteria are in breach but decided you wouldn't have got a place anyway. However, if they decided the criteria are not in breach I would refer this to the LGO. Obviously your reference to the LGO would be strengthened if the Schools Adjudicator agrees that these criteria are in breach.

I guess though at 4 miles friends won't be local so that defeats the object - especially if you want coed too

you complained that the admissions code disadvantages a social group (meaning a group with designated special status, I presumed). I'm not even sure if HErs would generally like to be described as a distinct social group. Maybe the kids in private schools have a better case for distinct social group.

DC each travel 9 miles to different secondaries. Cost to me = £320-£550/yr.

OP what happened to all you DD HEd friends in the same year ? There are loads of HEd families around ?

Which side of Manchester are you? I'd be looking at Bury, miles better state schools.

I was going to suggest neighbouring LEAs too - any where in Manchester you are actually only a few miles from the neighbouring LEA : Trafford and Stockport have good schools - not sure about Tameside or Salford.

Tiggy - surely then the LEA are directly favouring Manchester Children? Our 2 nearest secondaries are literally right on the LEA border ....

The children who live just over the border won't be at a disadvantage if they already go to a Manchester primary. So if they were able to go to get into the primary eg it was their nearest school they will be ok getting into the secondary. Even if the rule was overturned the op might not get in, especially if there are 87 in front. The majority of those
might also benefit from it.

4 miles is not much in Secondary school land
DCs catchment is 11 miles across ...

I think asking LGO to consider if this is a step too far in attempting to subvert the Greenwich ruling would be worthwhile.

But aside from that, I don't think you have an argument. DC who may not have attended a local state primary for a 'protected' reason (such as traveller children) already have special consideration. The consequences of parental choice (HE, private, or even just living in a black spot) are simply things that simply follow your earlier choices.

The problem is that some schools are very over subscribed and some massively under subscribed. The LEA web site gives all the details by school. www.manchester.gov.uk/info/705/school_admissions/5283/secondary_school_admissions_201415

There are only actually about 23 secondary schools in Manchester LEA (as opposed to the huge Greater Manchester area). 12 of their schools have spaces according to the web site. They have offered the nearest available alternative e.g. if you lived in Chorlton and Chorlton High and others are full then Levenshulme Girls High would be about 4 miles away?

I guess the LEA will say they have offered a school and you could choose any of the others? Its harsh but that's how it works?

surely then the LEA are directly favouring Manchester Children

Since their admission criteria for primary schools don't do anything to make it difficult for children from other areas to get admitted I think Manchester would argue that they aren't doing this. But I think they are coming mighty close. At best they haven't thought this through.

I think asking LGO to consider if this is a step too far in attempting to subvert the Greenwich ruling would be worthwhile

Apart from the fact that you need to ask the Schools Adjudicator rather than the LGO I agree completely.

It seems inconceivable that Manchester's policy has not been challenged before by very many parents. This case cannot be the first, surely? It is also worth noting that huge numbers of children do not get into their local schools, despite families living in an area for generations. You seem to feel OP, that your rights trump other people's rights and that you have lived in the area for longer, but there are 85 sets of parents who probably feel the same. It does mean that all parents, at independent or non school settings, must do their homework and not make assumptions. It would be interesting to hear views from other Manchester parents about their views on this policy.