School Appeal

[AmyW1992]

Hi just wondering if anyone has any information/guidance
my child didn’t get his chosen senior school (we did only put one preference )

Ive had appeal today Ive found out I didn’t win ! Grounds for not been allocated a place is we don’t fall under the parish . Yes we did have to move homes , we are still under a mile away from secondary school , he still attends the feeder school and was still christened in the parish and still attends the parish church .

Hes registered on the learning disability register due to his anxiety (this was after school application due to long process ) he was diagnosed with anxiety in 2021 (lockdown ) he sees a councillor once a week in school . Provided all evidence of this , I’m also a single mum of 2 children , as well as working myself I’m also a registered carer for my dad . Panel was aware of all this and all evidence supplied . I did advise of course I would have to give up work and caring for my father , which would put us into financially difficulty .

he is number 8 on waitlist for his chosen school . Which is catholic schoool

the school he was allocated was none faith (we are catholic ) and quite frankly the ofsted and local knowledge of this school is awful . What are my next options thankyou in advance .

Are there any other schools in the local area which you didn't apply for but would find more appealling than the allocated school? If so can you get yourself added to the waiting lists for these?
Can you visit the allocated school and see what you think? The Ofsted report may not reflect what you feel/see when you view the school.
Depends on the school and where you live, but worth asking the school what the chances are of getting a place within the next year from 8th on waiting list. Sometimes there is a bit of movement on September and in big cities there is often movement during the year with people move in and out of the area.

If living In the parish is a criterion for entry then I can't see that they've made an error.

Have a look at other schools in the area to see if they have places or smaller waiting lists

Does your child have an EHCP?

Have you accepted the place offered or are you willing to homeschool?

Unfortunately caring and work responsibilities are not relevant to the appeal.

There is nothing you can do apart from

1. consider other schools
2. Stay on the waiting list
3. Appeal again next year

Why do you have to give up caring for your father and give up working?

You were allocated a school that you didn’t have as a preference, but, because you only put down one school and didn’t meet the criteria for that one, the local authority doesn’t have any further responsibility to offer anything else.

You say your son is registered on the learning disability register. Do you mean he has an EHCP or that he has some additional learning needs, acknowledged by the school?

I’d visit the allocated school and see what you think. Seeing it in person might be very different from reading about it and anecdotes about it.

Your options are :-
accept the place
accept the place, but ask to be put on waiting lists for other schools.
home school
apply for an EHCP. That’s a lengthy process though and wouldn’t be finalised by the start of the autumn term, so there are decisions to be made between now and then.

If your son has an EHCP do you have a Secondry School named on it?

People’s finances, caring responsibilities and marital status are not relevant for school applications or appeals.

It is whether there is a physical space for your child if you do not meet the school criteria.

worth keeping on the waiting list, but look for other schools you would prefer rather than the one you have given. Unfortunately as you did not have a 2nd preference you are at the mercy of what they give you, so now is time to choose your next best school and see if it has a space or appeal for it.

As the Catholic element is important to you, are there other faith schools nearby?

There’s nothing you can really do apart from wait for a place on the wait list. If you don’t meet criteria then you don’t meet criteria. Did you used to live in the parish and now you don’t?

If you don't qualify for a place at any of the schools you expressed a preference for, the LEA's only obligation is to offer a place at the nearest school with places available after the allocations have been made. But that doesn't necessarily mean that the school that you have been offered is the only one with space. I would call the LEA and ask for a list of all the schools which still have places vacant and see if any of them are more acceptable to you than the one you have been offered. And make sure that you stay on the waiting list. Depends where you live of course but in some places lots of people move in and out of the area and 8th on the list isn't impossible. (Though do bear in mind that people may also join the list above you.)

you mean that your son is on SEN register. this is not register for disabilities. There are many many kids on SEN register in every school. It doesn't change much when applying to secondary school

Why did you only put one preference?
Does your child have an EHCP? Or just on their schools Sen register.
You marital status, job, caring responsibilities etc etc are irrelevant as far as any appeal or school
place goes.
Stay on the waiting list and look to see if there is anywhere else that you could apply for.

Your best option is to accept the place you currently have, remain on the waiting list of your preferred school, and ask if any other schools you prefer have places and if they don’t go on their waiting lists.

Do you mean the learning disability register via the GP? Having anxiety wouldn’t mean you are on the learning disability register unless the person also has a learning disability which is a separate diagnosis. Or do you mean DS is on his primary school’s SEN register?

I don’t know if the OP means the learning disability register or the SEN register, but there is a learning disability register.

The school can't not offer a place just because you don't live somewhere specific. However... All applicants, for any mainstream state school, are ranked by the school according to its published oversubscription criteria. Looking at the oversubscription criteria for the school, what is the highest one ranked which describes your DS? From what you have said, attending a named feeder school (is it? Or just, a school from which lots of children usually go to that secondary school - but the actual criteria under which they are offered a place are something else?) must be a lower criterion than the one in which the cut-off for the offer of places occurred. Or it was the criterion of the last offer, but you are ranked further down within it than the actual cut-off offer.

It would be odd for an independent appeal panel to state that it had specifically decided that prejudice to your DS from not attending a school did not outweigh the prejudice to the school of admitting another pupil just on the grounds that you lived outside the parish.

Unless he has an ehcp or there is social/medical needs category they probably took the view that all schools can manage his issues. Did you highlight any particular support offered by desired school which would mean it was the only school suitable for him. Did you present any hcp evidence which stated that it was important in their opinion? Your logistics and circumstances are unlikely to be relevant. Were there any other grounds to your appeal?

Why did you only list one school, that meant you would be allocated next nearest available rather than any of your choice, should your first preference not accommodate him. If parish residence is ahead of faith on the admissions criteria, it is possible the places had been allocated before your dc was ranked, so no error made. How far is it?

This is why no one should rely on one choice . It doesn’t increase your chances . The same criteria is applied .

visit all schools you would consider

SEN is special educational needs. In education they are very careful with using the word "disability" as it implies something permanent

Yes I'd be surprised if he has been diagnosed with a learning disability bc of anxiety. LDs usually means something permanent like Down's syndrome.

Anyway @AmyW1992 I agree with others - find out which other schools locally have places or WLs and visit. Did you accept the offered place? Have you looked round it?

I am perfectly aware of what SEN stands for and the definition of SEN, which does actually include the word disability in part of the legal definition in section 20 of the Children and Families Act 2014.

I was pointing out you don’t, as you posted, know the OP means her son is on the SEN register at primary school and not the learning disability register because there is in fact a learning disability register via GPs for those with a learning disability.

No I was advised he’s now registered on ‘Learning disabilities’ register by the school and doctors.

It was the only choice of a catholic school near me with less than a mile distance . As a mum with 2 children I needed a school clothes toy youngest school so I can get them both in on time .

Less than a mile away . I love closest to the school out of all his friends who’ve been allocated it . Apparently we just don’t fall under the parish any more . Yet he still attends the feeder and was christened under parish & we still attend our church

@BrumToTheRescue the school doesn't have learning disability register but SEN register. Disability is something that NHS is tackling therefore any disabilities are listed at GP

This. It's unfortunate but you didn't win the appeal and there isn't anything you can do to change the outcome. You can try again next year but otherwise you need to just stay on the waiting list for your preferred school (8 is quite high), get on the waiting lists for other schools you would consider and start preparing your DC for the school they've been allocated. Or you could decide to home school.

But unless attending the feeder school and attending (did that had to be a minimum number of times and certified) is placed in the admissions criteria ahead of living in the parish your argument fails. It is an anomaly but unfortunately your move worked against you. If there are 7 ahead of you on wl they will be in similar position or late applicants.

There is nothing you can do at this stage if you have not won appeal.

You can apply for EHCP and this will guarantee you a place. But he would really need to be 2-3 years behind and there were real needs for the special assistance

After the waiting lists are scrapped you can apply for in Year Admission but if you are not in parish you will be preceeded by everybody who is in parish.

If there is closer school than the one you have in mind the appeal panel usually doesn't agree.

Try reading my posts again. Absolutely nowhere have I said the school does have a learning disability register. Quite the opposite if you actually read my posts. I specifically said via the GP. My point was you didn’t know the OP meant the SEN register and not the learning disability register because she didn’t say at school.

Parents may have to appeal, potentially more than once, but you do not need to be behind for an EHCP. It is a myth perpetuated by some schools and LAs and just another unlawful criteria some LAs like to try to get away with using.