Secondary school appeal

[messylove]

Hello

Firstly, apologies for the long winded explanation of my question!

We applied for a secondary school place for my son to start year 7 in September. The school we want is in catchment but he didn't get a place as the school doesn't have any more room and they said it would be prejudiced to the other students to take any more than the PAN. We appealed on the grounds that he has SEN needs (on the SEN register and has dyslexia) travel- getting there would only take 10 mins on a direct bus as opposed to the school he was allocated would take 50 mins to get there. Another reason was social- all his friends are going to this school so he would be completely alone and his mental health is being affected. We found out on Friday that we did not win the appeal.

He is on the waiting list (in the top 5) but my question is, after a lot of crying yesterday and a night of no sleep I have been doing some investigating and came across the Government document- fair access protocol. One of the protocol (E) covers children with SEN without an EHCP. However I'm not sure if this can be used if he has been offered a place at another school?

I am going to ring the council on Tuesday but I would appreciate any advice or guidance from anyone who knows about this?

Thanks in advance!

The FAP is intended to help place vulnerable children who are without a school place having applied in-year. It must not (by law) be used as a replacement for the normal admissions process or normal in-year process, if that has resulted in a school place allocation. It cannot be used in these circumstances, I'm afraid. Your son has a school place, and the distance is within that recommended for secondary.

Are you on the waiting list for all nearer schools? Are there other schools you would accept?

Yes he's been given a place at another school but it's in a different district- still in distance.

There is another school that we could try but we didn't put it on our original application in order of preference. Does this matter?

If they have placed then you can apply. If they don’t you can put yourself on the waiting list. It doesn’t matter if you put it down the first time or not.

You can apply to any school at any time, so yes, if there are other schools you can apply now. If they have a space they have to give it to you, if not you can go on their waiting list too.

The allocated school being a different district (I'm Assuming you are in England and you mean council/local authority) is irrelevant I'm afraid. It doesn't have to be in your LA.

Yes sorry I mean local authority.

Thankyou!

Does anyone know if waiting lists go down much at this time of year?

Massively area dependant. In my semi urban area a lot of movement over summer and into sept yes

There's movement even into September when they start the new school year?

When you say over summer do you mean during the summer holidays?

There can be movement at any time - if you are unable an area where there are independent schools, there is usually some late summer / start of term movement when those who have held on to their allocated state place as well as having secured the place at the indie finally decide ro go with the latter. Schools must use the wairing list, ranked in oversubscription criteria order, to offer places that become available at any time up to December 31st at the earliest.

If there are other schools less inconvenient to get to.that you didn't apply for initially but would accept, then you need to apply as soon as possible- if you are turned down, then you can appeal for any or all of them. However, if they are closer (as opposed to just less difficult to get to) and you weren't allocated any of them as the nearest undersubscribed school on March 1st, then they obviously didn't have places available then. Or did you actually name the allocated school as a preference?

I didn't name the other school as a preference initially. I'm going to apply for it but didn't know if I was able to now due to not putting it on the preference list at first application.

@messylove yes as people move over summer holidays. That releases places. Some just don't turn up in Sept as they've eg gone private but never told the admissions people

By now they would be late applications, but your LA should allow this - look on the website for the way to do it where you live (possibly as simple as emailing the LA admissions team and just saying that you now wish to add scrolls x, y, z to your application. Or you may have to apply to the individual schools.

You don't have to have applied previously to join a wl.

What they actually need to do, to give the most options, s make a formal application for a place

• if place available, given
• if not available, join waiting list (which may or may not be automatic, even in main round) and have the right of appeal, having had the application turned down. Assuming that they can put forward a stronger case than, 'the allocated school gool is very inconvenient', when more convenient schools weren't named in the first place.

Bearing in mind that this far down the line from most deadlines for submitting appeals and having the guarantee of a hearing before September, the OP may well have to either go with the place offered or arrange for elective home education, at least at the start of term. I know at least one area which really tries hard to get late appeals heard by the end of term, even where the allowed time scale doesn't demand this, but not everywhere may be so accommodating.

(I'm not sure whether 'asking to join a waiting list' is just MN-speak for 'applying for a place at', but the latter is really what people need to be doing).