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Secondary education

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Appeal more than one school - all eggs in one basket?!

3 replies

mamnotmum · 02/03/2023 09:49

Sorry another appeal question.

Slightly different in that my daughter is year 8 and very unhappy at her school. Lots of issues we've tried to resolve with school and failed. So we have an appeal hearing in a couple of weeks for -

School 1 is closer but in the opposite direction to her siblings school. Small village type school. Good ofsted. She knows some people there who are happy. (Currently 4th on waiting list)

School 2 is slightly further away, renowned for being the best school in the county, outstanding ofsted, always over subscribed, offers lots of things that would suit my daughter. Knows some people but not well; generally they are happy (9th on waiting list)

I think school 2 is the best fit. It would be more convenient for us and we'd probably move house to be closer and then her sibling would follow to that school. It offers lots in terms of stem and languages and she loves these and is an A student.

I'm tempted to withdraw the appeal for school 1 and put all my eggs in one basket. I think if I don't they will offer school 1 because less people will appeal and it's a less sought after school. Also when writing my appeal statement it's hard to show why a school is definitely the right place for my daughter if it's two quite different schools. Any thoughts or advice?

OP posts:
PanelChair · 02/03/2023 10:33

Presumably, the LEA will be treating this as two separate appeals (even if they run them back to back), not least because they will require two separate statements from the school/LEA about why the school is at capacity etc and cannot provide a place for your child.

This situation is unusual but not unique. I think it’s credible for you to appeal for two schools; you can argue that your priority is to get your child out of a school that has not met their needs (and provide evidence of that) and that you have identified two schools which would be suitable. (That is a positive thing, as it shows you’re not being unnecessarily restrictive in considering options for your child). You can then list the features in each school which make it suitable.

The panel should then decide for each school whether the prejudice (ie detriment) to your child in not getting a place outweighs the prejudice to the school and the pupils already in it if having to cater for another pupil. These are two decisions and (as I see it) should be taken independently of each other.

Of course, this is what you could do, but that’s not to say that you must. What will you do if you withdraw appeal 1 and don’t win appeal 2? It could be a long wait for a place via the waiting list.

mamnotmum · 02/03/2023 11:18

PanelChair · 02/03/2023 10:33

Presumably, the LEA will be treating this as two separate appeals (even if they run them back to back), not least because they will require two separate statements from the school/LEA about why the school is at capacity etc and cannot provide a place for your child.

This situation is unusual but not unique. I think it’s credible for you to appeal for two schools; you can argue that your priority is to get your child out of a school that has not met their needs (and provide evidence of that) and that you have identified two schools which would be suitable. (That is a positive thing, as it shows you’re not being unnecessarily restrictive in considering options for your child). You can then list the features in each school which make it suitable.

The panel should then decide for each school whether the prejudice (ie detriment) to your child in not getting a place outweighs the prejudice to the school and the pupils already in it if having to cater for another pupil. These are two decisions and (as I see it) should be taken independently of each other.

Of course, this is what you could do, but that’s not to say that you must. What will you do if you withdraw appeal 1 and don’t win appeal 2? It could be a long wait for a place via the waiting list.

Really appreciate the reply. Thank you.

I've been given a 30 minute slot for the 2 schools (not back to back) - same hearing, both schools.

I really think they'll find in favour of school 1 and perhaps if we remove that option they'd find in favour of the only school we are appealing to.

Also - I may be wrong but if I withdraw the appeal for one school, I think I can resubmit later?

OP posts:
PanelChair · 02/03/2023 11:53

You’re welcome.

Thirty minutes isn’t very generous to hear the arguments about both schools, but (to reiterate) what I think ought to happen, based on my understanding of the appeal code, is that the panel decides whether your child should be admitted to school 1 and whether your child should be admitted to school 2. They shouldn’t be deciding whether your child should be given a place at a different school and, if yes, which of the two it should be.

So, taking school 1 out of the equation shouldn’t make any difference to whether you win the appeal for school 2 because that decision ought to be taken on its own merits, but obviously I can’t predict how the panel will handle it on the day. If you withdraw the appeal for school 1, you can resubmit it later (and, as I read it, if the appeal hasn’t been heard it doesn’t count towards the limit of being able to appeal for any school once a year).

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