Secondary appeal due in 4 days- bit of an issue

[FortisMum]

Good morning,

I read the posts regarding the appeals for a secondary place, but I was looking for a more personalised piece of advice from you, if possible. I am overwhelmed and thought of seeking a solicitor's help, but after carefully analysing the comments on this forum, I decided to do it myself. However, any piece of advice helps.

The school I appeal for, the school I was assigned and the primary school he is currently attending are outstanding.

The school I make the appeal for is 0.8 miles away from us, with the cut-off distance for the last offer being 0.56 miles. PAN is 260, and all the places allocated- I received yesterday the letter with a breakdown. I am currently number 3 on the list- although this has been changing during the last 2 months- sometimes we are on the 4th place, sometimes on the 3rd place. It was one of the preferred schools. The school is a no-uniform one and it is well known for the heavy independent learning which he is well used with. It would be also easier in terms of commuting as I am due to change house in 4 months' time.

The school I was allocated had no transparency regarding their phone policy which is the main reason I need to change it. It was only after we had received the papers from them via post that we found out it was a strictly no-phone policy school. For my son, this poses a serious safety issue. He arrived here 2 years ago, he is a shy child and has a bit of attention deficit- however not labeled with ADHD. At the primary school he and the children are allowed to have a smartphone, which they hand in at the beginning of the school day and take home at the end, so I can track him down and talk to him, even though we live 5 mins walk from school.

I am a single parent that is currently working from home but due to start work in the office in September, and hence, will be arriving around 6pm at home- pick up will not be an option. Only way I can make sure he gets safe home, or keep an eye on him on the road should something happen- like taking the wrong bus or so- is for him to be allowed a block phone. Of course a tracker helps, but I cannot communicate with him through this means. The busses- that he needs to take home - in that school area come every 15 min, is a rather crowded area, they do not have live displays with timings and he is easily scared should one get delayed.

I understood from the interview we had with the school that certain exception could be made.However, following my email to the Y7 transition leader, I got 2 voice mails as a reply, stating that this is impossible and I am free to search for another school.Although I asked, as a courtesy, to have a reply in writing, this did not happen.Eventually, she replied asking to contact her.

I understand this is, up to a certain extent, a safety measure against theft, but to him this is more than a safety threat, the inconvenience is bigger that the advantage.

What plausible arguments could I use for appeal?If not this one? He is also bright science student- excels in math and science-but as far as I have read, arguments as easy commuting, friends at same school, better area or higher achievements are not taken into consideration. Also, I am aware I appeal for a school and not complain about the other school- but this I feel in this case this would be related?!

I know most would say not carrying a phone is not an issue- but it actually IS for us.

Any ideas on how/if I could present my case to the school I appeal for?

I do apologies as this is a long read, but I wanted to give you all the details I could think of. I am literally horrified at the thought he might need to contact me and won't be able to do so. I thank you in advance for taking the time to read this through.

The crux of your appeal is this bit:
It was only after we had received the papers from them via post that we found out it was a strictly no-phone policy school. For my son, this poses a serious safety issue. He arrived here 2 years ago, he is a shy child and has a bit of attention deficit- however not labeled with ADHD.

How far away is the allocated school?

If the only basis for not wanting the allocated school is the phone policy to do with travelling & SEN I would talk to the SENCO to see whether a 'reasonable adjustment' can be made. At least get it in writing they won't budge.

(I don't think you can appeal based on the fact you are planning to move house)

Your appeal is basically:
My DS's SEN means he can't travel safely to allocated school without a phone and they have been clear they won't make any adjustment . Therefore I am appealing for our nearest school to enable my DS to travel safely.

Also, have you checked with parents at allocated school? Often 'no phone schools' accept 'phone off and in bottom of bag out of site at all times' under a 'what the eye doesn't see the heart doesn't grieve over' attitude. So unless they do bag searches, who would know?

out of sight not site

Are there other things about your preferred school that would be better?
Curriculum wise of extra activities?
Does his shyness mean extra need to go to same school as friends?

When you say 'arrived here 2 years ago' is there anything relevant there?

Sorry you're unhappy with the school's phone policy. I expect an appeals panel would want to know that you've tried independence training with your son e.g. catching buses, walking to places and practising identifying how he could get help if needed etc. and that this has been unsuccessful/demonstrated that he would be at risk if unable to phone you on his own mobile. The information in your post suggests it is your anxiety about being able to contact your son outside of school that is the concern so you may need to present your argument differently.

Have you discussed alternative communication options with the allocated school? A device such as the ownfone may be acceptable to them as it only dials preprogrammed numbers e.g. it would be possible to have it set up to only call you, the school and 999. Ownfones don't look like phones, don't have screens or even digit buttons so are unlikely to be high risk for theft, cyberbullying or causing disruption in class so the allocated school may be willing to grant an exception for that on safety grounds... or you get one for your son, teach him how to use it and put it in his bag come September without discussing with the school.

Sorry I'm being a bit disjointed.

You have 2 things at play here
A) The reasons you are unhappy with the allocated school
B) Reasons that will help with appeal.

To use the travel without phone argument you need to evidence why this is a particular problem for your DS. The more external evidence you have the better rather than you effectively just saying 'he's shy and a bit disorganised'.

So anything else that the preferred school offers that the allocated one doesn't that you can claim (and evidence) is of particular benefit to your DS can also help (even if they aren't the real reasons you want the school).

It is really inappropriate not to allow switched off phones in schools. Pre mobiles there were pay phones on every corner, now there are not.

Can he walk 0.8 miles if buses are likely to cause panic and anxiety ?

Sorry the school you want is 0.8 miles away 🤦🏻‍♀️

How, realistically is the school going to stop students taking phones to school, if they remain switched off in bags/lockers during the school day?

They aren't. I would bet most students take phones to school, just leave them in bags.

OP- are you sure you've been very clear that you're asking about your DC taking a brick phone to school and absolutely not using it during school time? If you've, say, asked a more generic "my DC needs a phone as he can get anxious" type question they may well not have understood exactly what you meant.

Thank you for your replies.

@TeenMinusTests - the allocated school is 0.56 miles away, the preferred school is 0.8 miles away( however, commuting is just simple- one bus away)
- can I talk to SENCO if he hasn't been diagnosed with ADHD?
- I brought him from Spain 2 years ago- although his english is excellent, I was wondering if it would be good for us to use this in the appeal.

The thing is the allocated school do search bags periodically as advised. First you get a warning and the phone stays with them for 2 weeks, and at the second attempt of bringing a phone into school, he might get expelled.I have explained the reasons clearly and they still said no.

I will look for everything that this school has to offer and the allocated one hasn't.Although, on my letter yesterday, they days that curriculum will not be a reason for appeal.

Also, this school is not in my Borough, but in the neighbouring bourough. Could this be valuable?

Also, @SE13Mummy thank you for the tip for the Own fone- found it now online.If everything else fails, until further notice, I could use that one if allowed.

However, the papers sent to me yesterday mention all the thing why another place in school is not ok- not enough staff, educational resources, space( although it has a huuuuuuge campus with many buildings) and few others.It is this that scares me.

Thank you

Odd question (and I know nothing about appeals so feel free to ignore me) but you say “he arrived here 2 years ago” and “I brought him here from Spain”, does that mean he is adopted/fostered? If so then I’m assuming that will have more weight to your appeal.

Hi, no. I brought him here after I had managed to rent a house in Uk and secured a good job. He is my son.

Why does he need to catch a bus if the allocated school is only 0.56 of a mile away?

I think the only chance you have is getting an Ed psych letter stating that your son needs access to a mobile phone at the end of the day due to additional needs. The fact that he has no diagnosed additional needs may make this tricky.

I honestly think this is not going to fly as an appeal argument. There will be hundreds of children at school who could fit the description 'shy and a bit of attention deficit'. The allocated school is 0.5 miles away. The reasonable travel distance at Secondary is 3 miles.

That's not to say that you can't win an appeal. All you have to do is show the panel that he would the benefits to him from a place at the school outweigh the hardship that the school faces by accommodating another child.

I would forget the phone at school issue. It really isn't a persuasive argument. Look at the things that would benefit your child at your preferred school. Your commute is also irrelevant to the panel.

Overcrowding is a common reason for the school’s refusal to admit. You can ask what are the numbers on roll in each group - if any of them are over PAN then it shows the school can cope with extra pupils. Have there been accidents due to overcrowding? All of these can weaken the schools refusal to admit.

The different borough doesn’t matter.

However the distances you mention are small - unless there is a motorway or dual carriageway in the way - 0.56 miles - most pupils will walk and same with 0.86 miles - that’s around 15 to 20 minutes.

I think unless your son has diagnosed SEND then the case is likely to be weak and you need to be mentioning as many other things as you can e.g. my son has a proven interest in computer science and the school I’m appealing for has a computer programming club.

It might be worth looking at the school’s policy on smart watches? You could have a GPS tracker on one of them to give you some reassurance, some of them allow you to ring a few numbers too but you can disable that function during school hours.

You really need one of the experts to come along but can’t work out how to tag them!

If the school is just over half a mile away, it is less than 10 minutes walk. If he is unable to do this without a phone I think he has additional needs that should be diagnosed and recognised.

Given both schools are less than a mile away, surely he doesn't need to getting buses?

With the allocated school only 0.56miles away, that's a 10 minute walk, or a very short cycle - I honestly think you are on a hiding to nothing trying to persuade a panel he needs a place at a further away school because he can't manage a 10 minute walk/cycle without you needing to keep track of him, in the absence of any medical advice/diagnosis confirming this.

Would the allocated school agree to the arrangement the primary had - drop the phone off in the morning, collect end of day?

The appeal paperwork will be fairly standard I expect - any school up to PAN will produce a very similar statement in terms of classroom/lunch space, specialist rooms being aimed at a max capacity, existing overcrowding issues, etc.

The phone thing is only relevant to the reason why you don’t want him to go to the school he has been offered a place at. It is not relevant to your appeal to the school you want him to go to.

For a successful appeal, you need to be able to demonstrate that there will be greater prejudice to your child of NOT attending the school than prejudice caused to the school (and other pupils) by admitting more children. It is highly unlikely “because this school has more relaxed rules about mobile phones” will fly with an appeal panel. You need to be looking at your son’s needs and why they can only be met in your preferred school, and what detriment there might be to him if he is not offered a place. The panel will be aware you have been offered a place at a school closer to home so distance and travel arguments are unlikely to carry much weight.

Without any kind of diagnosis/evidence/senco support I don’t think this will fly.

Is the school really only 0.56 miles? It’s a 10 minute walk, why does he need to catch a bus at all?

You said in your OP that there is a strict no phone policy, but also that you could get him a brick phone. Have the school said he can have a brick phone?

Have you actually asked the school if he can take a smart phone or are you just reading their policy? My dcs have a strict no phone policy but some dcs are exempt eg dds friend has diabetes and is allowed hers for glucose monitoring. She would get a bollocking if she was using it for photos or social media in school though.

What have you done to prepare him for the journey without using a phone? Can you evidence that he can’t do it?

@Ionacat

Overcrowding is a common reason for the school’s refusal to admit. You can ask what are the numbers on roll in each group - if any of them are over PAN then it shows the school can cope with extra pupils. Have there been accidents due to overcrowding? All of these can weaken the schools refusal to admit.

The different borough doesn’t matter.

However the distances you mention are small - unless there is a motorway or dual carriageway in the way - 0.56 miles - most pupils will walk and same with 0.86 miles - that’s around 15 to 20 minutes.

I think unless your son has diagnosed SEND then the case is likely to be weak and you need to be mentioning as many other things as you can e.g. my son has a proven interest in computer science and the school I’m appealing for has a computer programming club.

It might be worth looking at the school’s policy on smart watches? You could have a GPS tracker on one of them to give you some reassurance, some of them allow you to ring a few numbers too but you can disable that function during school hours.

You really need one of the experts to come along but can’t work out how to tag them!

I used to sit on admissions appeals panels and as far as I'm aware, @PatriciaHolm does. There is a very slim chance that a panel would be convinced that a school should be allocated because the offered school doesn't allow mobile phones. Really, it's just so unlikely.

How far is his current school and how does he get there? Are you able to do the walk/bus ride with him a few times before he starts? Maybe the school could buddy him up with an older pupil for a few weeks to help him get used to the trip. In London lots of children travel and come from different backgrounds so such a short journey would not be an issue for most, either by bus or on foot. Perhaps the allocated school are trying to demonstrate than an over reliance on technology is not ideal for self confidence or mh, that is not to say adjustments may not be allowed with appropriate proof. However the chance of you getting professional opinions in support of an appeal now is very slim. What activities or curriculum at preferred school are specifically relevant to your ds? What was the reason his application was refused?

I too don't understand why there is talk of buses if the school is less than a mile away.
I think whatever school he goes to you need to be practicing walks around and about without you (or a phone).

The problem is that phone policies can change, so there is no guarantee that your preferred school is going to keep their current arrangement regarding mobiles.
So I don't think this can be used as an argument for an Appeal.

On the account the education minister is trying to ban all phones in school I don't think this will be successful. He has no registered SEN and it is very close.