Has anyone ever won an admissions appeal based on their opposition to academies?

[richmal3]

We're choosing a school for our yr 6 DD. I have a very strong political opposition to academies and don't want her to go to one. There is only one school locally which is not an academy, and has no plans to convert. However, the chances of DD getting into that school are very slim.

One of the teachers at the open evening suggested to me that if she didn't get in, it might be possible to appeal based on our wish for our child to go to a community school and not an academy.

Has anyone ever heard of an appeal being mounted on this basis? A further issue is that as a second choice we'd have to put down an academy school, but would that undermine the argument that we're not prepared to accept an academy? My worry would be that if we didn't put down a second choice at all, DD might end up at the really awful academy rather than the just about tolerable one. Anyone got any thoughts?

As somebody who has just spent 6 months of hell over an appeal, I would say that these reasons, however valid to you, would not hold much weight at an appeal.
We had completely different reasons, medical mainly with tons of supporting evidence and still lost, along with 50 odd other families.

Everyone has the right to appeal though so you've absolutely nothing to lose if you need to do it.

Also I agree it's best to choose your own second choice (we only chose 2, ds is now thriving in the second choice school ) as the l.e.a will choose for you and fulfil their obligations in the process.

Good luck, it's an extremely stressful time.

I haven't heard of this - but good for you (academy disliker here)...

It won't work.

When appealing, to are appealing for the school you want, not against the one you don't.

And the reasons for must relate to your DD's educational needs, not your political beliefs (or indeed religious ones).

Glacinda is right.

Appeal hearings are not published so I can't rule out the possibility that someone has won an appeal on this basis but it is unlikely. A properly trained appeal panel following the rules would not consider this valid grounds.

To win an appeal you have to show that your daughter will be disadvantaged if she isn't admitted to the appeal school and that this outweighs the problems the school will face through having to cope with an additional pupil. Any objections you may have to a particular type of school should not enter into it.

'It won't work.

When appealing, to are appealing for the school you want, not against the one you don't.

And the reasons for must relate to your DD's educational needs, not your political beliefs (or indeed religious ones).'

But we would be appealing for a particular school, not against the others. In the Coram children's legal centre guidance on appeals it says this:
'The panel must balance the prejudice to the school against your case for your child to be admitted to the school. It must take into account your reasons for expressing a preference for the school, including what that school can offer your child that the allocated or other schools cannot. If the panel considers that your case outweighs the prejudice to the school it must uphold the appeal.'

I can see that this is an extremely long shot (and no Local authority is likely to accept it as it would probably open the floodgates) but surely I could cite 'something the school could offer my child that the allocated school could not' as genuine community-based education, not education controlled by a slick multinational corporation?

No, that won't work. Even though they do not haven to follow NC, they are inspected by OFSTED and work to the same public exam courses and so, in the context of appeals, are all considered to offer an appropriate education.

You would need to show what educational needs your DD has that can only be met by preferred school A. For example, a demonstrably musical child and availability of orchestras/choirs, or science aptitude and need for triple science.

Parental views on funding and backers won't come in to any more than a genuinely devout Catholic parent can insist on an RC education when their local school is full and they are allocated elsewhere.

Sorry OP, I have a family member who sits on the appeals board and there's no way this argument would fly.

In fact, you'd probably be the one who the appeals board would go home and talk about ie "you'll never guess the grounds for appeal one parent had today!".....

You admit yourself that there's one "tolerable" academy - so they're not all so terrible then?

If you don't want your dc to go to an academy, move somewhere there aren't any (or fewer).

If you do not manage to get solace at the community school of your choice could you get a place at the next nearest community school with spaces in your area. Having said that it is not because a school intends to remain community based that this view will still be the same in a few months time.

Solace = place...

Autocorrect!!??

Just a comment, there are academies and there are academies.

My daughter is at a converter academy, which is also a community school.

An academy is not run by a slick multinational corporation. It is run by a charity. A few of these charities have been set up by profit making companies (although I wouldn't characterise any of them as slick, multinational corporations). Most are completely independent.

You would struggle with "genuine community based education" as grounds for appeal. You would need to show why your daughter needs this. It would be pretty obvious to the panel that you were essentially saying, "I don't like academies".

TeenAndTween

Being pedantic, if it has converted to academy status it is no longer a community school regardless of the name on the gate. A community school is defined as one that is funded by the council using money from the government, whereas an academy is funded by EFA using money from the government.

prh OK, didn't know that was the definition.

OP - My DD's converter academy was a community school and fully involved in the community. Nothing has outwardly changed since converting.

(Is that better prh ? )

Spot on!

I don't understand how not being in favour of the existence of academies is an argument.
1)It will continue to exist whether your DD goes there or not; and
2)An appeal is about your DD not about you

Moaningminnie; it's not about whether academies should exist or not, it's that I don't want my daughter educated in one, and she doesn't want to go to one.

You say 'an appeal is about your DD not you' but we went round all the schools together and my daughter expressed a very strong dislike of the academies. They were all very much alike, with slick branding; lots of fancy IT (every child having to have an ipad); an obsession with expensive, fancy uniform; meaningless corporate slogans everywhere; huge posters of students with the words 'future business leader' underneath.

The one she loved, which was not an academy (and the head told me he was absolutely opposed to academies) was just a school being a school, rather than a corporation, which was what the others felt like.

Why should my daughter be forced to go to an academy like this when what she wants is a school where she can learn for the joy of learning, rather than being forced to enter a sausage machine for spewing out job-ready children?

In the state sector, parents have never had the right to choose schools, simply to express their preferences.

School allocate by how well pupils fit their entrance criteria (and this is laid down in law).

I don't think introducing subjective criteria to the main admissions procedures will improve things at all. And everyone does have the right to appeal, but you need to be realistic about your chances of winning.

If your local school is truly unacceptable, then you will need to consider moving, using the private sector or investigating home education. Many families face this unpalatable choice. Even in boom years, they has never been genuine parental choice and the margin of spare places within the school system to permit that.

"you'll never guess the grounds for appeal one parent had today!".....

^^This, they are going to be ROFL, stamping your form rejected and going for coffee.

Honestly, don't move to our county, we have no non academy secondaries

The sausage machine has nothing to do with academies, all schools are as bad, they have to be or they fail Ofsted.

The fight schools have to keep any fun, any off timetable activities, and a descent amount of PE, art and music is absolutely ridiculous.

All Ofsted care about is Maths and English and more English. I kid you not, I know a school who had to rejig there while time table to get in more English lessons and almost had a riot (parents as well as DCs) over a threat to cancel a school trip. All to placate Ofsted.

Op you are objecting to the same education that all children experience in school to some extent. They are all taught to be ready for work, isn't that the point?
I know what you mean though, but unfortunately your LEA is only obliged to find you a school, you have 3 choices.
If you are offered a school you don't like and don't have grounds for appeal it is tough, I know, having been there myself.
Your other alternatives are H.ed or private.

This lie we've all been sold (that we have a choice) is infuriating isn't it?

I'm not quite sure why there is such an objection to academies.

Take the time to go and look around it, speak to the teachers and get their view on it.

In 95% of the cases, a school has simply converted into an academy and nothing for the student changes in reality.

The school, in most cases, claims more funds for each student rather than the LEA taking their share first. Many academies, have also been able to access significant funds to repair or rebuild buildings.

Many academies are chains that support each other in an excellent way. For example, if one academy has an outstanding English department this knowledge is shared within their chain. LEA's never did this due to the competition of league tables.

You won't win an appeal based on your philosophical ideologies. Maybe the only way forward is to go and spend more time with the teachers in the academy as they are the ones who will make is special for your daughter.

2/3 of state secondaries are now Academies
I too am against them
but in the case of DCs school it has made next to stuff all difference

OP I think you have mistakenly put your daughter in the position of thinking she has a choice in the school that she goes to. It's not the case and will cause disappointment further down the line.