Appeal Secondary School

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Hi All

Just want some advice on how to go about appealing against a decision for Secondary school. My daughter has been offered her 2nd choice. We really wanted the 1st choice. Here is a little about the school, circumstances and what I've found out so far. I have a concern how the school allocated places so want people's opinion. I can discuss other ways after discussing how It was allocated

Our first school is a relatively small school therefore limited numbers so little room from flexibility. It is a faith based school so had to complete a supplementary form which I did.

1-3 criteria's were the the common ones eg siblings, special needs and social circumstances which we didn't fit into.

4 (edited) - girls living in the city of who themselves or their parents from one of the areas named below (places to be allocated proportionally)

Number 4 as per above went down to each area. Don't want to to go into specifics what I mean by area. We had to get our supplementary form signed by our area faith leader. There are 14 areas with each area having a specific number of places. Our area had 14 spaces.

In the notes section it said - Random selection will apply as stated above to the % of places allocated for each area. Where there are more applicants for the available places within categories 5, 6 and 7 (this was other faiths and other girls), then the distance between the Ordnance Survey address points for the school
and the home.

I enquired with the school why my Daughter was declined a space. I was advised we were the furthest from the school.

My initial query is distance should not have been used. As I completed the supplementary form a random draw should have taken place. I believe instead of a random draw for the 14 applicants they used distances as a deciding factor. They should not used this method. I was given this information over the phone. I intend to send them an email to get this is writing. Can simply say please confirm what you said. Do not want to mention method as of now as they might change their story.

Please advise from the reading the above what people think and whether anyone thinks incorrect method of allocation has been used. If it has obviously will mention this on my appeal. Also what does this mean in regards to my daughters application. Does this increase her chances? Do I have grounds of appeal. Please advise. Am I correct in my understanding or have I understood it incorrectly

prh47bridge - Thanks for that. Do I raise the issue now and see what they say as they could look into it further and realise they made a mistake on the email or do I just put all of this in my appeal. Do I inform them of their error before the appeal? If either way it is resolved before the appeal I may not be able to use this on my appeal.

lougle - If someone is categorised under your A,B,C and D then the number of places from that place of worship is reduced.

Will query if under superscribed but it is a popular school so unlikely there will have been any.

I would tell them now. They may decide to offer you a place without going to appeal. There is nothing they can do about it if they have made a mistake. They cannot withdraw the offers they have made so the only way they can resolve it before appeal would be to admit your daughter (and, ideally, everyone else in category 4). If it gets to appeal you will definitely be able to use this no matter what the school have done. The question is whether it will be enough to win your appeal. That may, in part, depend on how many other parents with children in category 4 appeal.

I have sent you a PM.

Thanks once again. Just do not want to lessen my chances in anyway on my appeal by telling them now.

It is highly unlikely they will offer places to all who applied under category 4 as 25 from my place of worship alone. Going by last years figures I believe 140 + will have applied and most will be category 4 or below. It is small school so will no way they will be able to accommodate that many.

I agree with Tiggytape. You will not reduce your chances on appeal by telling them now. You may improve them a little as the panel will see that you have been open with the school and given them a chance to rectify their error. That won't win your appeal on its own but it may mean the panel is more inclined to give you the benefit of any doubt.

The panel must take this information into account for all appeals even if you are the only person who raises it.

You have to submit your case before the hearing. The school will see your case before the hearing and you will see their case. That is the way appeals work. If you try to spring something on the school without warning it could result in the appeal being adjourned to give the school time to consider the new evidence and prepare a response.

Thanks tiggytape and prh47bridge. That's good piece of info so thanks. I will email them back with my findings and see what they say. Guess you both are right its better to raise now rather than later.

I am looking at other various options for appeal. I have some questions in regards to transport arrangements and how children are expected to travel to school. My partner is a carer for my son therefore looking at options of how I can maybe prove why I need a school more closer to my house and why I personally need to drop off my daughter to school. Son goes to nursery and Daughter's appeal.

Are children aged 11 expected to travel to school on their own? Obviously some children can manage on their own and some cant.

People who provide drop/pickup service, Do they need to be registered for anything? eg Ofsted, Taxi licence etc

Generally speaking a secondary age child would be expected to travel independently. Logistics tend not to be strong grounds unless there are medical issues. You need to appeal for this school, not against others.

There is no way my daughter would be able to travel on own as not independent enough. Difficult to prove though. Never been on a bus. The school is approx 2 miles away. Never been on a bus.

What about the second question?

Who you ask to take your child to and from school (if you do) is up to you but registered childminders are just that, registered, and, in instances where the local authority arranges transport in buses or taxis, then they have to abide by the local authority's safeguarding policies.

There seems to have been an error here, and that will be the main plank of your appeal, but (again, to be frank) unless your child has recognised and documented anxiety issues (for the sake of argument) or you live up a track miles from the bus stop, you will sound ridiculous if you say she can't go on a bus. Eleven year olds are assumed (except when there are major health issues) to be capable of travelling to school by bus and the panel will no doubt think you have plenty of time between now and September to practice the journey with your child. She may well be much more independent, six months from now.

Agree with PanelChair. You have a clear error which has disadvantaged you. You cannot prove that it has definitely cost your daughter a place but it clearly removed any chance she had of getting a place. You should certainly look to bolster your case by showing that your daughter will be disadvantaged if she doesn't go to this school. But you should avoid clouding the issue with things that won't help your case. Arguments about transport do not carry any weight unless your child has mobility issues, anxiety issues or similar with supporting documentation from a medical professional saying that she needs a school near home. In the absence of any such issues an appeal panel would be of the view that an 11 year old could make a bus journey on her own. Indeed, they would assume that an 11 year old could walk 2 miles on her own or ride a bicycle. It is very unlikely they will be persuaded by you saying she is not independent enough to travel on her own and may well, as PanelChair says, think you sound ridiculous in making such an argument. The only thing that would persuade them is medical evidence.

As PanelChair says, registered childminders are registered with Ofsted or a childminder agency. They are also subject to DBS checks. If the journey is only 2 miles by the shortest walking route there is no requirement for the LA to provide transport. However, if they do the driver should have undergone DBS checks.

Tell the school now, it won't weaken your appeal position.

Just an update. I have contacted the school and they have advised a random draw took place. It is still confusing so will take this to appeal as it is still unclear what happened.

Just a question how long people's appeal letters are and how they have written the letters. I have written my letter as has to be in Friday. I have given detailed reasons why I feel my Daughter should be awarded a place. I have put down various other reasons. After finishing letter I now feel the letter may be too long. It is 5 pages long. Unsure if too long or not. I have written full sentences and not bullet pointed it. As I have a good relationship with my daughter's primary school head teacher I gave him to review. He manages primary school appeals. He thinks it is too long and think I should bullet point my arguments and reasons and cut it down. Only put all the info as the more info I provide the better my chances.

What do people think? anyone done appeals previously and written a letters 5 pages long?

If you have written 5 pages, I would suggest that yes it's too long. (I sit on appeals panels). It's highly unlikely you really have enough relevant content to fill five pages.

You need to make the point re. the confusion on how the places were allocated, and that you were told distance was used. It may be that the first person you spoke to was incorrect, and distance was not used for you and you did indeed lose out on the random allocation, but you do need to raise the issue.

The rest of your appeal needs to focus on why the prejudice to the school of admitting is lower than the prejudice to your daughter of not attending. Transport issues aren't relevant given the school you have been given is only 2 miles away - secondary school pupils would be expected to deal with that, unless there is documented medical reasoning for why not.

You need to point out the reasons the school will meet her needs - are there subjects it offers you can't get elsewhere, clubs that will stretch her established interests? You need ideally to show that the school can cope with another child in yr7 - find out if they have gone over PAN before, so have set a precedent that they can cope.

I wouldn't regard 5 pages as particularly long. I've seen much longer appeal cases than that. However, remember that you will have the chance to elaborate on your case in the hearing. You won't want to simply read out your written case. The appeal panel will have read it and will know what it says. Take a look at what you have written with that in mind and strip out anything you can cover in the hearing. But I wouldn't worry too much if it is still 5 pages long.

The 5 pages covers various aspects. I have a long email trail in regards to the admissions error. This covers 2 pages. I could cut down on this as can elaborate at the hearing. As it is faith based school I have a page on faith and then final 2 pages on exceptional family circumstances (have evidence) explaining why she would be suited to this school. I can mention subjects this school offers but this would make the letter longer but if I cut down on other aspects I could include this so I have additional arguments.

A whole page on faith?

Surely faith is just:

• We have worshipped at the church for 15 years
• The church only offers services fortnightly but we have attended these barring holidays and illness
• Over the years I have also been involved with flower arranging, organising nativities,

And School opportunities:

• DD is G&T for maths - school offers FM and maths clubs, offered does not
• DD plays oboe, and has reached grade 4 - school offers windband, offered school does not

Can you do a 1-2 page concise version with appendices instead?

Is flower arranging etc. still allowed to be part of the criteria?

Don't put the emails in your written case. Include them as a separate document as part of your evidence which you refer to in your written case.

A full page on faith does sound a little excessive. The school accepts that you met the faith criteria so not sure what you want to say here. Without seeing what you have written I can't be sure but my instinct would be to cut most of that out and make space for arguments about the school's ethos and the subjects it offers.

Is flower arranging etc. still allowed to be part of the criteria?

Schools cannot give priority based on support parents give to the school or any associated organisation including any religious authority. London Oratory tried to argue that things such as assisting in pastoral work were religious activities and not practical or financial help. The Schools Adjudicator disagreed and the High Court agreed with the Adjudicator.

Tiggytape - will try and arrange and bullet point as you have mentioned above to cut down so thanks - it helps

Will include email separately at the end. I have put headings on each email eg email one, email two on several pages and then referenced to say please see email one.

Faith - I have put how faith is important in our life. The school offers that faith based environment therefore explained how the environment will help her. I want my daughter and she wants to follow her faith. I have put down going to this school will help her in following her faith. I want her to follow the values and culture the faith based school offers. No other school will have that faith environment and will not teach her those values. Going to a standard school will not help her in that upbringing that particular school offers.

I have elaborated as per above.

I would also tread carefully on the faith matter. Presumably your case is that they should have used a draw to allocate once they accepted that faith criteria were met. The fact that your faith met the criteria was never in dispute here - it has been confirmed that you met the criteria and you were allocated to category 4, which is correct. They are saying you were unsuccessful in the draw.

I'm not actually sure that you were dealt with unfairly here, tbh. I can't see any other logical course of action than to judge applicants who are unsuccessful in the draw by distance. That is the logical next step. So I think that is what's happened. You didn't win the draw, so it went to distance and you lost that, too.

Of course the next stage is the prejudice test. Here, you can use any argument you like. However, I'd be uncomfortable hearing arguments about the strength of your faith (not that you are unable to use it) because I'd be aware of all the applicants who had only get a shot at a place on the basis of a draw who may equally feel strongly. Of course, they too are entitled to appeal, so you could argue that it's survival of the fittest, but that's that.