Secondary school admission - significant and material change in circumstances

[IdespairIreallydo]

Could someone with admissions knowledge/experience help, please? We are moving house to be in catchment for a certain school for our daughter, for whom we make a preference this year. We are also trying to get our son a place in this school, we have lost at appeal, hence the (long term) house move. However, the house we want to move to is 1.1 miles from desired (but full and waiting list in force) school but 2.7 to non desired school with places. Assuming the LEA will refuse our Sept application for a place at desired school, what are our chances at re appeal (significant and material change in circumstances) ? The 3 mile statutory walking distance, is there any flexibility in this and whose final decision is it, school or LEA? TIA

You are unlikely to get a fresh appeal just because you have moved. Even if you do get a fresh appeal the fact you have moved closer is unlikely to make any difference to your chances.

The statutory walking distance, i.e. the distance beyond which you qualify for free transport, is laid down in law (which is why it is called statutory). It will only change if the government changes the law. Most LAs will only offer free transport to those entitled to it by law, so if you are within the statutory walking distance it is very unlikely that you will get free transport.

Can I just check, are you counting the fact that you are moving house as the significant change in circumstances or is there something else which you have failed to mention? Simply moving house (by choice) will not increase your chances at appeal although depending on the admissions criteria you may well move further up the waiting list. If I understand correctly, you are applying for your dd to be admitted in 2015? Once she starts, that may also move your ds up the waiting list, if he is still on it. When you talk about a Sept application being refused, are you talking about your ds or dd? If dd, why would you think her application will be refused if you are in the normal catchment area?

Sorry, should say, any of my talk of changing positions on waiting lists is all subject to the admissions criteria of the school.

According to the LEA's School Admission Appeals booklet 'You do not have the right to another appeal for a place at the same school for the same academic year, unless, in exceptional circumstances, the Admission Authority has accepted a second application from you because of a significant and material change in circumstances but admission has been refused again. An example of a significant and material chance in circumstances would be a house move.'
Apologies for lack of clarity. DS has been refused a place for Y7 this Sept. School is currently full. DD is a year behind him, so we should get her place in Sept 15 with no issues by just being in catchment.
We are rural, if it makes any difference. The move will make our desired school the nearest available (by a significant margin).

The key issue there would be whether the LA accept a second application from you or simply say that they will update your position on the waiting list to reflect your new address. In the latter car you wouldn't have a right to an appeal. In the former case you would.

I have been told by the LEA that once we have provided sufficient proof of our move, his address will be updated and his place on the waiting list adjusted to reflect the move. They will also then 'consider whether or not they need to consider an alternative school place offer'.
For rural catchment where there is no other school nearby they will offer a place.

It's a bit academic anyway isn't it? You're allowed to appeal once per academic year, You have appealed this academic year so presumably can appeal again in September anyway.

Although you'd have to find a different reason why he NEEDS the appeal school. Unlikely the same reason would work this time if it didn't last time, and you do have a reasonably close school with spaces.

titchy he will need the appeal school as it will be the nearest one (by a considerable margin), that's why we are moving.

If the LA in their literature state a house move as a significant and material change you can, after asking for a place and being refused, appeal again.
What you however have is a situation where you have moved a bit closer and that is all. You are unlikely to win an appeal on that basis and really need to come up with another more compelling reason why you have moved and have a need for this specific school.

The other thing to bear in mind is that, barring significant SN which makes it unsafe, the statutory walking distance is set at 3 miles because that is deemed a reasonable distance for a secondary pupil to walk from school, as long as the route is safe for walking. So a school that is 2.7 miles away would not be seen as unsuitable due to distance. Even if it were more than 3 miles away the provision of transport/travel assistance would make it a reasonable placement add long as it was within 45 minutes travel time, or even more for secondary age.

You are very unlikely to win an appeal just because the school is the nearest one to home. It doesn't work like that I'm afraid. There is no automatic entitlement to a place at your nearest school. And I would be surprised if you were offered a fresh appeal just because you have moved. If you do get a fresh appeal you will need to come up with much better reasons why your son needs this school.

When you move your son will be closer to the head of the waiting list. If you are close enough he will be at the head of the waiting list. The LA will consider whether they need to come up with another offer. In other words, they will decide whether or not his current school is too far from your new home address. If they decide it is they will offer a place at a school nearer to home. If you are lucky it will be your preferred school but there are no guarantees. It could be any school within a reasonable distance.

But it won't be your nearest by a considerable margin, 1.5 miles is really not significant. My dcs go to their nearest school - it is over 3 miles away, takes 20 mins, 10 if there's no traffic. And this is in an urban area. Inside the M25!

Does the school give priority to siblings? If this applies to in year admissions your DS should shoot up the waiting list once your dd is admitted on distance.

Unless there is a particular medical or social reason why he cannot travel distance from school is not a basis for a successful appeal.

Do you have other grounds for appeal? e.g this school provides a subject or facility that especially suits your child and which the other does not?

lougle admission if, after we have moved, he were to remain at the allocated school he would have to walk 3.8 miles which according to Google maps would take him 1 hr 13 mins across country and A roads. Whereas it would take him 30 mins to walk the 1.6 miles to preferred school, which is the nearest.
titchy I did not think that under 'unchanged' circumstances you could appeal more than once for any particular academic year ?
CharmQuark Only to older siblings, not younger which doesn't apply to us.

Well if it's 3.8 miles to nearest school with a place they'll have to provide transport. I still don't see that as a reason to give him a place at a nearer school. 3.8 miles really isn't a lot, especially if you are given transport there and back....

I thought you could appeal once per year, but you may be right in that your original appeal was for 14/15 entry and another appeal would count as the same year.

The fact that the allocated school will be 2.7 miles away as the crow flies makes no difference to his entitlement to free transport by the way - it's the walking distance that qualifies him not the crow-flies distance.

If, after you move, the allocated school is 3.8 miles away, the LA will either be obliged to provide assistance with travel or allocate a nearer school. That doesn't necessarily mean a school of your choosing, though, so if there is another school less than 3 miles from your new address they could allocate that one.

if, after we have moved, he were to remain at the allocated school he would have to walk 3.8 miles

If that is the shortest walking route and the LA fail to come up with an offer for a nearer school your son will be entitled to free transport. It does not change what I and others have said. You will not win an appeal by arguing that the allocated school is too far away.

I did not think that under 'unchanged' circumstances you could appeal more than once for any particular academic year

You are correct. Unless there is a significant and material change you only get one appeal for a particular academic year. And most LAs would not regard a change of address as a significant and material change. They would simply adjust your place on the waiting list.

Are you sure you will be close enough to get a space on application next year. Just because you're in catchment doesn't guarantee a space. Have a look at admission figures for the last couple of years. Even if you lived next to the school, your DS may still not get in.

Quick update - we have now been offered a place at our first choice school, we will be moving very shortly to fulfill the criteria needed for this but are extremely relieved.