Went to appeal but discovered year group is under PAN by 2?

[Brownie2025]

Hoping for some advice while I await an appeal decision, as I’m very confused.

Had an appeal hearing today for my son. We removed him from his secondary school late last year due to very poor mental health, he is now being treated for social anxiety and his counsellor has recommended a full return to school. Applied to get him back into school but was declined.

We discovered at the hearing that his year group are currently under PAN by 2, they claim they like to keep spaces for emergencies, basically.

Are we likely to win the appeal? I didn’t think you had to go to appeal if there was a space, let alone two?

Thanks in advance, I’m driving myself crazy with nerves!

I appealed under the same circumstances, the appeal panel couldn't understand why I had had to. Schools can't keep spaces " for emergencies"

Good grief. You absolutely shouldn't have had to go to appeal if they have places.

A child out of school due to their mental health who is now ready to go back should be given every bit of support and encouragement to make it work.

Congratulations to you and your DS on being ready to move forward after what must have been an incredibly tough time for you all.

It may be that another year group is over PAN and there are theoretical capacity limits on communal areas. But I agree that forcing you to go to appeal seems daft in these circumstances: this is an emergency for your DS.

I can't see how you wouldn't automatically be offered a place. A school with spaces shouldn't require an appeal and I can't think why your son would be denied a place.

Is the school an academy or may?

Mat not may

Thank you all, I didn’t think it seemed right. The panel didn’t say anything negative about the school being under pan by 2, although I do remember them double checking the figure twice… unless maybe that was their way of letting the school know they were confused themselves?

It’s rated an outstanding school, with a very long waiting list…. Which makes it all even more confusing. I was expecting them to already be at PAN, but to get to the appeal hearing and hear that they’re under by 2 confused me so much. It also hurt to know they could have taken my son back in, but chose not to (the school representative even said at the appeal that they know my son is a very lovely boy and doesn’t cause any problems etc.)

They did argue that they have a higher than national average amount of children with EHCP. Perhaps they will win on that basis?

Yes, they are an academy. Does that mean they don’t have to automatically accept my son, even if they’re under PAN?

Thank you all so much for your responses, I really appreciate it x

Paging @prh47bridge and @patriciaholm for their expert views…. 🙏

I agree with others. A school cannot keep places open "for emergencies" or for any other reason.

Strictly speaking, PAN only applies to Y7 so, if the appeal is for another year, the school can argue prejudice even though they are below PAN. However, given that the year would be full to PAN if they had filled it in Y7 and no-one had left, that is a hard argument to sustain.

The fact they are an academy makes no difference. They follow the same rules as other schools.

I would expect you to win.