School appeal help

[Waitingfirgodot]

Hi, I have my son's appeal for secondary school coming up next week. Yesterday I received the pack from the school saying why the can't take any more pupils. I'm finding most of it fairly easy to argue against, but there are two parts that I'm struggling with.
Firstly, they have a paragraph about current behavioural issues within the school where they state percentages of pupils with challenging behaviour in each year group. Can I use their most recent Ofsted report here? Unfortunately it's from 2013 so fairly old! Is there anything else I can say? The school is well known in the area for having good behaviour.
Secondly, they state at the end of their report that if they allow more in then a precidant will be set - is there anything I can say to this?
Thanks for any help anyone can provide!

There’s not really an argument for setting precedent because the PAN is set annually anyway. You can refer to the Ofsted report and local reputation and the panel will decide what weight to give it. But you probably need to focus your appeal on why there is a greater detriment to your son not attending the school than there would be for the school to take one more pupil. The school’s case is for the panel to decide if there would be prejudice to admit one more pupil. If the panel decides there would be prejudice then it will balance your case against the case the school has made. So I’d probably invest more time in demonstrating why this is the only school that can meet your son’s needs, why there would be greater prejudice to him from not attending than there would be to the school admitting him etc etc.

wanting a particular school because they have better behaviour really isnt a reason for appeal!! you might want that school because of it but so does peobably every other parent in the area and they cant admit them all!!!
same goes for journey to school, parents working pattern, friends also going to the school etc.

you need to find something that this school offers that no other school in the area does, eg manderin language lessons or ukelale lessons or something.
other reasons may be that your child has a disability and the school has lifts and ramps whereas all the other schools have steps and inaccessible areas. or you are a high level cop or social worker and the school you have been alloacted contains lots of kids of families yu work with so not safe for your child.

I don't think you can dispute their report of behavioural problems now, with an OFSTED report that is 8 years old, and it would imply that you think they are lying.

However, their argument that precedent will be set is rubbish. They are right, but the panel can't take that into account. It is what it is, and if the panel decides to admit, they will have done so in accordance with the Code.

Concentrate on why the school would benefit your child.

Thanks very much all of you. I think we have a pretty good argument set out for why we want the school. We're not trying to use the school's behaviour as a reason why our son should go there, just trying to argue against what they have given us! To be honest Lougle, I kind of do think they're lying, but I'll try not to let them know that!

@Waitingfirgodot

Thanks very much all of you. I think we have a pretty good argument set out for why we want the school. We're not trying to use the school's behaviour as a reason why our son should go there, just trying to argue against what they have given us! To be honest Lougle, I kind of do think they're lying, but I'll try not to let them know that!

That would be wise. Unless it's an absolutely clear lie, it's unlikely that they would fabricate behavioural issues.

I think you're coming at this from the wrong direction. You seem to be preparing to argue that the school isn't full and another child will not affect the existing pupils. This is a bit pointless as the school have an official admittance number (PAN) and if they have allocated that number of places then they are full and a further child will affect the existing pupils.

What you have to argue is why, on balance of probabilies, the negative impact to the school is less than the negative impact to your child not going there. Why does your child's need to go there outweigh the school's needs to stick to its legal maximum number. Why giving your child a place is the right thing to do even if it means their class won't have enough desks/computers/coat pegs/lockers etc.

Thanks @FatCatThinCat! We have our side of things sorted. I think I've perhaps been thrown by the arrival of a massive report from the school. Maybe I should just step away from it!

The precedent thing is pretty standard. A school won't go above their PAN, even in the most extreme cases, because it means they won't be able to argue that they are full in future. If a place it allocated through appeal it's different as that place is given despite being full. I've sat on appeals where it was clear the school wanted the family to win the appeal so they could have a place without setting a precedent.