In-year appeal - is this a strong case?

[senshayshonal]

DC (year 8) has had lots of behaviour and attendance issues at current school. School suggested a move and a fresh start elsewhere. DC is up for it and likes the look of another school nearby, but it is full, hence the apoeal. Current school has arranged for a member of support staff (not employed by school, but comes in to support) to write a really good letter saying why they think a move would be a good idea. Will this be enough?

No. The school will argue they are full in this year and adding another pupil will be prejudicial to the education of the existing DC.

Ask your existing school to broker a deal. This is a managed move so the school should manage it. Most schools will accept looked after DC and those with the school named on a EHC plan but that fancying a school is not enough. Speak to the existing school about a managed move. Read up about what should happen.

And the managed move will be to a school that will accept your DC. Maybe one of theirs will go to your existing school.

The problem with a managed move is that the existing school has to be prepared to take the child back should the move prove unsuccessful; the move is always on a trial basis, with the child remaining on the roll of the existing school during the trial. If the existing school is determined that this won't be appropriate, they are unlikely to want to participate in a managed move.

That doesn't mean your existing school can't make approaches to the other school, but if they are full with a waiting list they will almost certainly refuse.

Any appeal will need to show that the detriment to the child of not getting a place is greater than the detriment to the school of taking another pupil. What is it about this school that would benefit him specifically? A letter simply saying he needs to move won't be very helpful in an appeal for a specific school unless it is very clear why the intended school is the best for his needs.

No I’m assuming negative behaviour and attendance? Why would they want that?
does he have Sen? An EHCP? A psp? Or bps?

An appeal hinges on it being that school and only that school that meets your needs. You have to show that the detriment to your child is greater than the detriment to the school in taking a pupil when technically full. So a letter saying why the move is needed is good but you also need to say why that particular school is the one your child needs. You could have a look at thier ethos on behaviour for example and state a case as to why your child would be disadvantaged not to be under thier particular procedures.

Have you applied for an EHCNA?

The school cannot suggest a parent finds another school. This is, in effect, an exclusion. It’s not going through the exclusion process and they are dodging the effort required for a managed move. This is not acceptable. The school should use the managed move arrangements and broker a deal. If DC bounces back, so be it. They then need to consider exclusion if misdemeanours warrant it.,

Can a school arrange a managed move to a school in another local authority area?

There’s nothing preventing a managed move across a LA boundary, although some schools might not like it because they are likely to have a closer relationship with other schools in the same LA.

@LargeLegoHaul
Except the school have not done it or helped. There should not be an appeal. This is really exclusion by the back door.,

Others have beaten me to this - your school are trying an illegal exclusion.

@TizerorFizz I am not sure why you have tagged me in your post because I haven’t posted whether there should be an appeal or not and I didn’t comment on the school attempting to off roll. Others had already posted about that so I had no reason to repeat what others had posted. My first post asked about an EHCNA and my second was in reply to OP asking whether schools can arrange a managed move across LAs, which they can.

DC didn't want to move at first, but everyone saying it would be good to get a fresh start..Now DC is on board with the idea, they'd be disappointed to lose the appeal.

You have to show that the detriment to your child is greater than the detriment to the school in taking a pupil when technically full

This, yes. However, this, no:

An appeal hinges on it being that school and only that school that meets your needs

The parent only has to make their case with regard to the first statement and in regard to the school being appealed for. There may be other schools which they feel can equally meet their DC's needs, possibly better, and they may also have applied to and be appealing a decision not to offer a place at any or all of them, but they are not the subject of this appeal. True, the panel may enquire as to which schools they have looked at in order to decide that this o e warrants an appeal, or parents may volunteer that information, but the burden I'd not the same as proving 'exceptional medical or social need', where the second statement would be relevant.

You need to ask the school for a managed move. It won’t be to a school you chose though. It will be a straight swap with another pupil in another school

You can ask your chosen school to put her in the waiting list though

A managed move is not a swap. It is a considered and mutually agreed (with parents, child and schools) trial which if successful becomes a permanent move. There is no swap required.

@LargeLegoHaul
Apologies. My point was that managed move has not been mentioned by the school at all. Across boundaries or otherwise. I assumed you thought it was on offer.

@TizerorFizz I didn’t think the school had offered a managed move, I just answered OP’s question about managed moves across LA boundaries.

@LargeLegoHaul Ok.

Yes they are swaps. No school is going to take such a child without the benefit of knowing they were going to have the opportunity of passing a similar child on

Schools can and do take children on managed moves all the time, without any sort of child bartering going on. The school I am a governor of has done it several times, and it was discussed widely at some recent LA training I did in another capacity. There is no requirement or expectation that it be any sort of reciprocal arrangement. It would be impossible if it did. Children are not badges to be swapped in the playground.

It does require the agreement of both heads, and of course if a head gets a reputation for always saying no, they may find themselves shouting into the wilderness if they themselves ever need it...

managed moves are set up through the fair access panel. This is made up of any local school wanting to be able to arrange such moves for children on their roll. In return they agree to consider children on the rolls of other schools Child bartering is not a nice way of putting it, but that’s what it is. I’ve sat on these fair access Panels, and believe me, we barter !

anyway, the swapping aspect of managed moves is irrelevant to the OP. She is considering asking for one, and just needs to understand it will not be her choice where.

So instead of working to manage the behaviour, the school is trying to punt him on to another school and make all the issues he currently has their problem? What have they done to address these behaviour concerns? Does he have supports, diagnosis, teaching assistance, etc at this school? Will the new school be able to provide support that the current one can't? Just deciding (the school) that all his difficult behaviours are better managed (foisted off) to a new school, would set some alarm bells ringing for me.

Why? Sometimes a fresh start is the perfect intervention