In term school application appeal

[Thailand43]

Hi I’m moving from London to Surrey and have two children in year 3 &4

Both were offered a school together which was too far away for me to physically get too so I declined. Since then one child has been offered a place in local school, but the other one is on waiting list.

I accepted the place and the child must start within 4 weeks. Both children will remain in school until the start date. The appeal hearing with council is the day after child 1 starts.

Am praying that 2nd child gets place as child 1 suffers with anxiety and has documents to back this up. Am wondering if the appeals service can decline child 2 a place.

Has anyone experienced anything similar?

Hi OP, difficult situation.

With appeals the benefit you have is that this isn't an infant class size appeal (which are super tough to win). But, yes, the panel can decline the appeal. Your case needs to demonstrate that the need for your child to attend this school outweighs the detriment that could be seen to be done if it goes above its PAN. So it will come down to how specific your appeal matches up to this school. You mention anxiety - do your documents refer to how this school setting can better support your child than any other for example. Just citing anxiety by itself may not be enough. It may well be though that the school do not mount much of a defence or the panel is sympathetic but the advice on these threads is usually to tailor your child's needs closely to what the school offers.

Good luck

Is child with anxiety the one with a place or appealing? How old? If you declined a place the LA does not have to offer another. Have you checked if any alternative schools can accommodate them? Why was it logistically difficult, unfortunately that will not influence the LA .

Hi to both thanks for replying.

Child one who has the place suffers with the anxiety. He calls it the worry. Can be so bad he makes himself physically vomit.

The new school is particularly small just one form entry so a much calmer place for him to adjust into. The kids have just been through their parents separating which is forcing the house move, so to make them separate too after leaving all family and friends behind would simply be too much for both of them.

There are no other schools with a year 3 and year 4 place.

If child two doesn’t get in I will have to remove both. I cannot be across Surrey in two places at once with no car. It’s impossible.

LA mentioned putting one child in a car taxi to another school. I am not prepared to trust my daughter in a car alone with a stranger.

It’s so worrying.

Whilst I appreciate that you are struggling to get your dcs to different schools because you don't drive, this isn't the LAs problem. You have chosen to move area therefore the situation is of your making. How far away was the school where you were offered places? Have you moved into rented accommodation? If so, you may well have to move again to be nearer the school that can place both your dc. What schools are your dc in at the moment?
You may well be lucky and win your appeal, but don't be surprised if you don't.

Did they give you a reason for not giving 2nd child a place? I wouldn't say you chose to move as a PP said, for all we know, your DH ended the marriage and you can't afford to live in London anymore, assumptions shouldn't be made without the full story

If the place offered is more than two miles the LA will offer transport, but not if you turn down a place nearer, even if more tricky a journey. It is not an uncommon scenario in Surrey, drivers are dbs checked etc. Your second child will not get in on the back of sibling's anxiety. Does either school offer breakfast club/ after school care. Could you use a childminder for one school run? The challenges of getting them there, beyond LA offering transport , will not help at appeal. How far apart are the schools really?

Depending on where in Surrey you are, it might be worth looking ‘over the border’ and seeing if any neighbouring LEAs have places.

If the place offered is more than two miles the LA will offer transport, but not if you turn down a place nearer, even if more tricky a journey.

I work in a Surrey School and can confirm this is the case, but you have to apply, it isn’t offered and it’s three miles for a child over 8 years old. However, if you’re on a low income (i.e. your child is eligible for FSM and you get the maximum rate of working tax credit), it’s 2 miles.