Grounds for appeal

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My DS1 has been given his second preference school. I am OK with this but still hanker after his first choice, which for a couple of specific reasons, would suit him better.

I have put him on the waiting list. However, lots of people have asked me if I am going to appeal. Now I do not believe a mistake has been made in the admissions process - we live outside catchment area and on asking they have not offered to anyone outside the catchment area. I therefore thought I was unable to appeal. But now I am wondering if I can; based on the two points that I think make this school more suitable for DS?

1. They have a specific handwriting support member of staff - something DS really struggles with - he has been seen by OT and has handwriting IEP
2. He is a very keen rugby player and the PE staff are very keen on rugby

So do I have grounds for an appeal?

The short answer is yes, if the allocated school doesn't have these things and therefore there's a clear difference between it and the preferred school. Of course, shay you don't know is how strong (or not) the school's case not to admit will be and that's what the panel will have to weigh up.

I am pretty sure the other school doesn't have these two things as these are the reasons I put that school as first choice. My DD currently attends the school he has been offered so know it pretty well.

Another factor is that DS1 has diagnosed ADHD. Although I am not sure how I could include this in an appeal!

Well, clearly, you need to check that, as you'd look a bit daft at appeal arguing that your child needs to go to the appeal school because it has x and y if it turns out the allocated school has them too.

Having ADHD doesn't in itself give you any claim to a place at the school unless again there are features of the school that make it more suitable for a child with ADHD - specialist learning support, pastoral provision, etc etc. did you mention medical/social need in your initial application? Is there a category for this in the school's oversubscription criteria?

Nothing specific apart from the fact that the SEN department seemed much more interested in DS1!

I will double check the handwriting support at offered school. Good point about looking rather silly!

I didn't put anything in the application about any of these issues. Does that matter.

I didn't put anything in the application about any of these issues. Does that matter

No. It would if you were arguing that a mistake has been made. But as you are simply arguing that your son will be disadvantaged by not going to your first preference school it will make no difference.

I have phoned the school he has a place at and spoken to sen department. They do not have specific handwriting groups but offer support for children struggling with literacy. This however is for lower achieving in literary. ds is not low achieving; he just struggles with his handwriting. I think I'll phone our preferred school and double check what their handwriting support actually is. They do list it as one of their sen interventions on their website.

I suppose if they do a specific handwriting group I could then use it for an appeal. am I right?

I have ot reports and school paperwork about his handwriting plus a hospital report about his adhd.

If they have a specific group to improve handwriting as opposed to support for pupils struggling with literacy then that is a good starting point for the appeal. The OT reports, school paperwork and hospital report should all be submitted where relevant to showing that you child needs that extra help.

To be honest your other reason around rugby will carry no weight at appeal. You should include it in your appeal documentation but realise that the key point is the handwriting. I would also look at the prospectus of the wished for school and their website to see what else they do that is different and may impact positively on your son. If they do have a handwriting group I suspect they could have other things that would be useful quoting in the appeal.

thank you. I will spend Wednesday morning looking through it all.

When we were applying for schools (also for a September 2015 start like you) we were told that, should our child have any special needs, these had to be spelt out in the initial application, needed to have some sort of official letter of support - from, I suppose, a doctor, educational psychologist or some such - and would not be considered if they had not been part of the original application. Perhaps you should look into this - it was something that more than one school brought up during the open days - I don't know the legalities of these rules but they seemed widespread around here (inner London boroughs).

Good luck.

If someone is appealing on the grounds that their child should have been in a "special medical need" category or similar they will be unlikely to succeed unless they submitted all the evidence with their original application. However, if someone is appealing on the grounds that their child will be disadvantaged by not attending the appeal school the appeal panel must look at all the evidence even if it wasn't included in the original application. The LA cannot prevent appeal panel's from looking at this evidence.

Thanks for explaining, prh.

I have spoken to appeals/admission office at local council by phone. the school does not hear its own appeals but leaves the council panel to do that.

She has also emailed me all of the information and forms I need.

I am awaiting a return phone call from the named handwriting TA at our preferred school to find out what provision she implements.

feeling quite positive

I managed to catch SENCO at Junior school and she thinks I have absolutely no chance of winning an appeal. She seemed to think I would only have success if a mistake was made in the admission process and seemed very doubtful of my handwriting argument.

She also told me she had other letters from parents asking for her help to appeal for the same school.

Agree completely with Tiggytape.

If you can prove that a mistake has been made that is a very strong case for appeal but it isn't the only case that will win. The vast majority of secondary school appeals are won by showing that the appeal school can best meet the child's needs. I think the handwriting argument is a good case provided you have evidence to support both your son's need for that support and the school's provision.

Just to add to Tiggytape's list of myths, another common one seems to be that if you win an appeal another child will lose their place to make space for your child. It is, of course, complete nonsense.

Thank you for your advice and encouragement.

I hope to speak with the member of staff who runs the handwriting support to find out exactly what happens and whether my ds would qualify for the help.

I then need to speak to the admissions officer for the school. Apparently I have to inform the school before I fill in any forms. Well that is what the local council told me - because they are an academy.

I have found out today that ds is no. 19 on the waiting list.

not sure whether to read too much into it but admission lady said to hold off on appeal paperwork till Friday. ..

pan is 240

Have a look at Elevenplusexams.com. It has lots of useful advice regarding appeals ( not just for 11+).