Appeal just turned down. What are my options?

[PondDipper]

Lockdown brought a time of reflection and myself and DD decided that her continued unhappiness at (a much sort after and respected) school was more important than anything else. She’s struggled with many things since joining and the school have tried to help and are aware of the situation but she is miserable there.

I contacted our very local high school asked if she could join in Sept and was advised to appeal as they were full. I’ve just found out the appeal has ‘not been allowed’. I’d already had legal advice on what to put in the appeal.

We are all devastated and the thought of DD having to drag herself to school she hates for an unknown time is unbearable.

What can I do now? Does anyone have any ideas? I’d be so grateful for any help right now.

Was the appeal heard? What were the reasons for the decision?

@Fanthorpe I’m waiting for the detailed letter as to their decision. It was heard, although I wasn’t present it was all completed in writing due to Covid.

As well as waiting for the letter re the appeal, you could also see if there are any other places at other local schools? Or appeal for places at other local schools if there aren't any?

Ah I see, so they followed the correct procedure.

Is she in GCSE years? There’s less movement I think in those years. Can you apply for an in-year admission once term starts?

I wouldn’t make her go back to a terrible situation in her old school. Find something else, is private an option?

Apply to any other school you’d consider acceptable. This includes any further afield that you would be able to facilitate transport to. Make sure you are on waiting lists for any schools.

Is a period of homeschooling an option?

Thanks for your replies. I’ve phoned the local education office and all the local schools are full (over subscribed!). She’s going into year 8. They’ve suggested that I go to the ombudsman when I receive the letter detailing the reasons why.
Home schooling isn’t an option really as I’m self employed.
Private schooling may cause similar issues. DD is very down to earth and hasn’t really gelled well with the competitive nature of a selective school. She may not fit in socially in a few paying school either! I will hopefully get some answers when I receive the letter.

Not sure why the local education office is saying go to the Ombudsman because they will only get involved if there is an obvious case of maladministration at the appeal. Does the local education office know something that you do not know or are they just giving you the name of somebody to go to ? You also need to make sure that you are on any waiting list for your preferred school in case any places do become available.
In terms of other schools locally if they are all full then your only option is decide which of the schools is a possible school to go to and appeal for all the schools.
In terms of the appeal was it all done as a paper exercise or was part of it via video /phone. If it was all on Phone then I would question why you were not given the opportunity to have the appeal via video as that was the default methodology for admissions this yea.

The Ombudsman only get involved if the admissions process hasn’t been correctly followed. You have a school place already but as you outline it’s not suitable for your daughter. I think all you can do is keep applying.

The appeal was firstly going to be via Zoom then it was decided that it was going to be on paper only.
I do think if I was given the opportunity to speak, I could have expressed how much DD has struggled (think lying on the floor crying inconsolably on a Sunday evening). So maybe the ombudsman could help review the process.

The solicitor has replied to me stating that that the decision is usually binding and can only be overturned by a judicial review . So I’ll focus on supporting DD in her current school as best I can. We’ve already discussed getting some friends here and making an effort. We will have to be resilient and keep trying!

Make sure you are on the waiting lists for all of those schools. You can also appeal to other schools.

I'm glad the solicitor said that as many might say there was hope in this-and-that approach but in reality the advice is right in normal circumstances.
Do you know where she is on the wait list? There could well be some movement in September if it's a large urban area. For instance, a family near me have left the country and haven't informed their school yet.
Finally I do think year 7 has been rubbish this year. Many children will feel the same as your daughter and the school will be aware of that. I would say that she hasn't even had a chance to experience the school properly and it's hard to gauge how selective it is while working online.
Indeed a recent poster was saying the same for her DD who was in an independent school Y7 in London and was considering moving to another.

They’re oversubscribed by 4 in the year so I was told that 5 have to leave for there to be a place and unfortunately transience rates are low.
@NOTANUM I think you’re right. We need to give it another go as moving schools may not be the answer although I will make sure she’s on the waiting list.

I appreciate everyone’s advice.

The solicitor has replied to me stating that that the decision is usually binding and can only be overturned by a judicial review

That is not quite right and makes me question whether the other advice about your appeal was good. Most solicitors don't understand admission appeals, even those that claim they do.

If the appeal panel has not followed the correct process or is not properly independent you can refer the matter to the Local Government Ombudsman (or the ESFA if this is a free school or academy). They can recommend a further hearing with a different panel if they find there has been a breach of the Appeals Code which disadvantaged you. The ESFA has the power to enforce its rulings. The LGO doesn't but it is almost unheard of for an admission authority to refuse to comply.

I agree with Admission that it is odd for the LA to recommend going to the LGO. It may be nothing but it may suggest that they think there was something wrong with the process.

@prh47bridge Thanks for that information. I’m swinging from pushing this as far as I can, to accepting it and getting on with it. Without getting into all the details, the decision does impact the family, DD travels 50 mins on the bus now and the school I appealed for is within walking distance. Clearly we knew this when she started but she’s not as resilient as I thought and the commute adds to the anxiety.
I may contact the LGO as I wasn’t given the opportunity to be present at the hearing which could have disadvantaged the appeal.

I was wondering about the quality of the advice you received - because the only two things you have mentioned about your case so far have been points why you wish to leave the old school (and ease of school run doesn't usually feature as an an appeal issue at all; though 50mins is long but presumably was voluntarily chosen and would have continued if your DD had been happy there)

Her unhappiness gives a clear reason why you want to leave the school.

It does not however give a persuasive argument about why you want the appealed-for school. And that is the ground you need to win an appeal. It is all about appealing for the school you want (not against the one you have) so your appeal was not weakened by being unable to speak further about that.

Now perhaps all that was in your appeal case (realise you have only posted a very few bits of it), but I hope it included why thus school - what does it offer that current school does not - different pastoral structures (buddy groups?) that would particularly help her? Or some specific expertise that current school,does not have?

Does it offer subjects (different languages, DT options etc) that your DD really wants to do (evidence?) that current school,does not offer, or clubs/activities not available to her at present (eg she plays competitive chess and only new school has chess club, or it has an orchestra, debating society etc.

(I mention all that as it might be handy if you decide to appeal for any other schools)

Obviously I don't know all the circumstances but I would have some issues with the way the appeal was conducted.

I chaired some panels this year and parents were given the option of either a dial in or written appeal - it was felt video conferencing might be a disadvantage as not everyone has that facility.

Even for the written ones, the panel were given the opportunity to ask questions via email of the parents and admissions authority before the hearing.

I've occasionally come across appeals prepared with legal input, either presented by a lawyer or prepared by them and they are normally awful and I've never seen one win.

I imagine the ombudsman process is difficult to win if all the appeals are conducted the same way and assume you were told that to try and get rid of you.

A 50 minute journey each way is considered reasonable for a secondary school child. Anything up to 75 minutes each way is considered reasonable.

Impact on the family is not relevant at appeal. To win you need to show that the disadvantage to your daughter from not being admitted outweighs the problems the school will have to face from coping with an additional pupil. You are therefore looking for things that affect your daughter, not things that affect the rest of the family. Meditrina is right about the kind of arguments that can win appeals.

In current circumstances the fact you weren't allowed to be present may be an issue. The temporary regulations say that an appeal panel "may" use a conference call, which simply means it is an option. However, the guidance says that appellants "should" be offered a hearing by conference call "wherever possible". That is more persuasive and means the panel need to justify their decision to deal with the case by written submissions only. It will be interesting to see what the LGO makes of this. There seem to have been a lot of cases decided by written submissions this year so there is potential for a lot of referrals to the LGO/ESFA.

Of course, if the appeal panel held a conference call with the council to hear their case but didn't allow you to participate that would be a clear breach.

I am currently sitting on appeals for my local LA, and we are doing them all by video conferencing. If the parents don't have the right facilities they can go into the Civic centre and do it from there, or just do it through their own phone. We are doing it through Teams and it is going well. Parents seem to like it, and are more relaxed in familiar surroundings than the more formal atmosphere at the council.

Evening @PondDipper

Where are you?? Many independent schools offering places owing to restrictions in international travel. May help??

Kathy

@Kathy11 After a lengthy conversation with DD she only want to attend the appealed for school as mostly she has so many friends there already. Other schools aren’t an option for her.

I think the option of appealing the process may be the only way.
We’ve had a chat about returning to school and have a list of things we can do to make it better for her. I’ve got 6 weeks to prepare her and will keep trying with the appeals process if I can.

[quote PondDipper]@Kathy11 After a lengthy conversation with DD she only want to attend the appealed for school as mostly she has so many friends there already. Other schools aren’t an option for her.

I think the option of appealing the process may be the only way.
We’ve had a chat about returning to school and have a list of things we can do to make it better for her. I’ve got 6 weeks to prepare her and will keep trying with the appeals process if I can.[/quote]
You need to ask her how badly does she want to leave her current school? Because being choosy about other schools really isn’t an option right now. She has no choice but to open to other options I.e wherever there is a space. If her only preference is to go to where her friends are then you’re on a path to nowhere at this point.

Morning @Pondipper

Understood - it must be terrible for both you and her!

If your appeal doesn't work out - come back to me. I have confirmation of at least one 85% off scholarship at North London Independent school for September - owing to international student unable now to travel.

Best of Luck.

Kathy

@PondDipper

Thanks for your replies. I’ve phoned the local education office and all the local schools are full (over subscribed!). She’s going into year 8. They’ve suggested that I go to the ombudsman when I receive the letter detailing the reasons why. Home schooling isn’t an option really as I’m self employed. Private schooling may cause similar issues. DD is very down to earth and hasn’t really gelled well with the competitive nature of a selective school. She may not fit in socially in a few paying school either! I will hopefully get some answers when I receive the letter.

Wasn't any of this considered when she applied for 'a selective school' with a 'competitive nature'? Maybe she just needs to buck up a bit and try to enjoy the challenge. Do her best and find her strengths. All schools are going to have an element of working hard, competition and new, challenging work. Another school isn't going to change that. You'd be right that she'd find it just as bad, if not worse, in a private one, but she'll find just the same in a comprehensive.

If her friends at the other school are from primary they may already have long moved on, and moving back to the 'comfort blanket' that she thinks they'll offer could backfire.

I don't see how a school that has filled its spaces is going to be able to conjure one up.

Can you work with her existing school and find out why she is struggling and what can be done there? I am sure she is able, if she passed the selection, so it would be a shame if her talents are going to waste. The school should be well-versed in assisting students who are new to the environment.