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.

With no diagnoses SEN I think you’ll struggle to convince a panel that he’s incapable of walking half a mile to and from school on his own. Just practice it with him, have him practice on his own, go through what to do if there are problems.

By all means appeal, it’s your legal right to do so, but I wouldn’t hang all your hopes on it

@Ionacat - you are right regarding the motorway, there is on in between, plus there is no direct bus to the school, so need to change 2. Take about 20 min by bus, 25-30 by foot.

However, policy states something like a total ban on phones, headphones, earphones, smartwatches and whatever device can be connected to internet among other things.

So the no phone policy is now confirmed to be off the list, as far as I see.
Any ideas on how to best face their arguments: PAN, classroom size, resources..

Thank you

Any ideas on how to best face their arguments: PAN, classroom size, resources..

You’d have to look at whether they have admitted above PAN in the past and make an argument that it can accommodate above PAN again. Look at whether they’ve made any proposals for adding more classrooms in the future, for example. But I really wouldn’t focus your energies on challenging the school’s case so much. The panel will first make a decision about whether the school can admit any more pupils without causing prejudice. If they decide it can, then they will also need to decide how many pupils can be admitted before there is prejudice and will need to offer places to at least that number of appealing pupils. If it decides the school can’t admit any more pupils without causing prejudice then it will look at the case you’ve made that it would of greater detriment to your son not to attend the school than it would prejudice the school to admit him. So the case you need to make is in what way will it cause your son problems if he is not admitted to this particular school. Transport is unlikely to be a consideration (given he is well within statutory walking distance to both schools) and he has no formal diagnosis of SEN to fall back on. Both schools he has been offered are outstanding so you can make a case on that basis. It’s a tricky one to win, for sure.

You can’t make a case on that basis

Things like PAN and classroom size you can argue against if they have previously taken children that take them over PAN. Ask, for example, how many students they have in other year groups.

You need to focus on something that the school provides that is important to your son and not available at the other school. You mention "independent learning" - this sounds like something that would be available in any school, but if you can evidence particular things the school does that would be beneficial to your son that can be used in the appeal.

Other wise think about things like curriculum and after school clubs - is he a keen musician and one school has an orchestra? Does one school offer a subject the other doesn't that he has a particular interest (that you can evidence) in?

Even with your update, to be honest 25-30 minutes is still walking distance. I can't imagine preferring an awkward bus journey which involves changing, over just doing the walk.

You mentioned he has only lived in the country for two years, so if the school you want is particularly diverse, or has a reputation for supporting children with English as a second language, then that might be worth a try

@FortisMum like others I don't understand why he has to take a bus to a school that is less than a mile away. 0.56 miles would be less than a 10-minute walk. Even if there is a motorway in between your house and the school, there must be a road to the school that goes underneath it? Even if this meant a slightly longer way round, it still couldn't take more than 15-20 mins (that would be about a mile's walk).

So if your main concern is about him not being able to contact you while he gets the complicated bus home, I would let him walk. He will be fine. In fact a phone can bring a danger of theft or attack in itself.

As others have said, if you wish to go forward with the appeal to the further away school, you need to come up with things that it offers that the offered school does not which would benefit your son - science club, orchestra if he is musical, chance to study Spanish if he speaks that (that is actually a really good one if the offered school does not do Spanish).

@GingerAndTheBiscuits

Any ideas on how to best face their arguments: PAN, classroom size, resources..

You’d have to look at whether they have admitted above PAN in the past and make an argument that it can accommodate above PAN again. Look at whether they’ve made any proposals for adding more classrooms in the future, for example. But I really wouldn’t focus your energies on challenging the school’s case so much. The panel will first make a decision about whether the school can admit any more pupils without causing prejudice. If they decide it can, then they will also need to decide how many pupils can be admitted before there is prejudice and will need to offer places to at least that number of appealing pupils. If it decides the school can’t admit any more pupils without causing prejudice then it will look at the case you’ve made that it would of greater detriment to your son not to attend the school than it would prejudice the school to admit him. So the case you need to make is in what way will it cause your son problems if he is not admitted to this particular school. Transport is unlikely to be a consideration (given he is well within statutory walking distance to both schools) and he has no formal diagnosis of SEN to fall back on. Both schools he has been offered are outstanding so you can make a case on that basis. It’s a tricky one to win, for sure.

It is, thank you so much for the help @GingerAndTheBiscuits

It's been in the news that the Minister for Education will probably ban mobiles in schools from September.

Our school are introducing a mobile ban for everyone up to year 11 from September. The letter from school cited Everybody's Invited as their motivation. Phones are allowed in school if they are turned off and stored in bags.

How much do you know about the school you are appealing for? On here there are lots of posts about the school you've been allocated and the one you would like. As your DS may have additional needs, you might want to find out more about the pastoral and SEN support offered by the hoped-for school. Posting on the MH parents Facebook group may provide you with more information too. FWIW, the uniform policy pages of the website for your allocated school explains the reasons why smart phones/watches etc aren't allowed. I would say that the OwnFone doesn't fall within that and so would send him with one if it'll help you feel less anxious. I wasn't able to find anything that talked of permanent exclusion for bringing in a phone.

30 minutes by foot is fine. Dd leaves home 40 minutes before she's due in school and she gets home 30 minutes after school finishes. I can't see a panel thinking this is unreasonable.
Do other children do this trip? I see a trail of children in one uniform or another heading in various directions after school.

Walking just over 1/2 a mile home without a phone isnt a massive issue. It would only take 15-20 min?
Without a diagnosed SEN or an ECHP I can't see why he'll be granted special treatment and nor can I see it helping an appeal. You are asking for a school further away? In our area year 5/6 would routinely make that type of journey.

If your son did end up at the unwanted school would he actually be expelled if a phone was found in his possession on two occasions?

Would your Local Authority still have the responsibility to find him a school place if this happened? Where would this likely be?

I think there's a business opportunity here for some shop near the school, offering phone deposit services.