What are the chances of winning appeal on these ground

[Salpal9]

Secondary school appeal - Single parent, school appealing to is a 5 minute walk away, allocated school almost 4 miles away. Have a child in primary school, impossible to get to allocated school and pick primary child up. Child's cousin lives next door and has a place in appeal school and child's parents would help with child care as still have to pick primary child up.

What are the chances on appeal with the above?

Thanks in advance.

Where a LA has a lot of fraudulent applications, the LA often asks for much more info.

In my LA: Everyone has to submit council tax number or electricity bill with the application. LA says you can only use the child’s main residence which must be occupied 52 weeks of the year. It cannot be where a child sleeps occasionally. They reserve the right for their legal team to investigate possible fraudulent or misleading info. During the week they look at where child spends the most te between Sunday evening to Thursday evening. Then there’s proof required for this. You are definitely not allowed 2 addresses and pretend to be in 2 catchment areas. They consider that fraudulent.

If dc has genuinely moved, they require proof. The person completing the application must have parental responsibility for the child. So GP, benefits etc. The initial application looks fraudulent to me and pretending to be in a catchment area to gain a place. My LA also reserves the right to take such places away if they find out the application is fraudulent. Reading the rules and following them is vital.

That’s not how it works.

Frankly, it doesn't matter what you think. What matters is what the admissions policy says.

So distance is 4 miles from which address and how far from father’s address? Presumably you won’t get transport if the greater distance is due to changing primary residence from original one used for application. Can he get a bus at least partway home and you meet him, or father do pick up? Appeal on logistical grounds unlikely to succeed. Are there any other schools nearer with spaces or that you can go on waiting list? Where is he on preferred waiting list and has that changed by changing address used? Are there any other reasons preferred school is better for him?

You applied from a different address so none at all. It also won’t be considered at all that you eant to pick your child up from school - once they hit secondary they’re unofficially in their own. Your best bet is to tell the school they e changed address and go in the waiting list.

As others have said, an appeal based on distance and/or transport difficulties is highly unlikely to succeed. Also agree with others that what matters re using the father's address is the LA's rules, not your opinion.

There is no evidence here of a mistake, so the only way you can win an appeal is to show that the child will be disadvantaged if not admitted to the appeal school - that the appeal school offers things that are not available at the allocated school and are particularly relevant.

You are deliberately trying to get two bites at the cherry - one address for a first choice school and another address for a second choice school. Hopefully the powers that be are wise to this.
This isn't fair for those on the waiting list who only have resort to one address and have a good reason for being accepted by that school and would get in easily one year but not the next.

Appeal won’t be successful in my experience of going through it but you do have hope with a waiting list place. Good luck it’s horribly stressful.

Ah, another poster who is of the view that what they consider to be “common sense” trumps years of clearly and carefully written rules…

But that is the pertinent point here and the reason you were allocated the school you were. If you can prove that your address is the primary address then you might stand a better chance of saying that you ex made a mistake and they might consider that - long shot but possible. This will only stand a chance of being successful if the child’s GP is nearer your address. Your best bet is to just go on the waiting list - there’s always movement.

In that case I could put the childminders address as they are there after school every day or my parents address as they spend the holidays there. We have to have strict rules otherwise people will do everything and anything to defraud the system this pushing out another child who genuinely lives full time very close to a secondary school

Absolutely zero. Your travel arrangements are not taken into account at all, and any secondary-age child is assumed to be capable of getting themselves to school unless they have an EHCP that says otherwise.

If the application address is now correct, there's a chance you may get a place at the preferred school about 2 weeks after term starts - this regularly happens if someone got allocated a place that they don't then start, either due to going to a private school instead, or moving away. It's disruptive to the child of course, but this is your best hope now.

Unless your child has some kind of SEN that means they are unable to travel to school independently you have no hope at all. 4 miles is not far, and many 11 year olds travel much further.

You have to just get along with it.
I've been in a similar situation with 2 different primary schools... 1x YR & 1x Y5. Not lying, it was a difficult 2 years of one logistical nightmare solved by after school club and the help of other parents, friends & family.

HI @Salpal9 not sure if you will come back but can you clarify what the criteria are in your LA for deciding which is the child's home for purposes of the school application? You must see that this needs to be one address only, or parents could try to do what you seem to be doing (though perhaps I have misunderstood).

I think if you are actually five minutes from the school nearest to you, and if your DS actually lives with you more than with his dad (or if it really 50/50, at any rate CB is paid to you, and the GP has your address) then I would contact the LA and tell them there was a mistake made on the application. See where that places you in terms of the WL. I presume if you had applied with your address on the form and listing this school in first place, you would have got in?

I think that your appeal as it stands has no chance of succeeding, sorry; as others say, DC at secondary are not expected to need picking up or need after-school care.

find out quickly if your place on the waiting list is based on your address or your ex’s address. It’s important now, as if you are only 5 mins away, you are probably near the top of the waiting list for the 5 min away school ifs its been changed to your address.

then you need to be ready for last minute school allocation.

agree your secondary aged child will be expected to get themselves home 4 miles (particularly if it’s less than 4 miles to dads house). There are often after school homework clubs kids can go to, or most schools that have a library have that open for 30 mins- 1hr after school. (When it’s raining, school libraries are full of kids who normally walk and are waiting for parents who’ve taken pity and are on their way in the warm car.)

Yes child is also on waiting list.

Round here absolutely no chance based on logistics and travel arrangements. It would need to have a much stronger (and well evidenced) claim to be successful.

People try all sorts to get into the ‘prestigious’ high school and my experience is that those hearing the appeals have heard it all.

Could the child in primary go to after school club for a term?

Very little chance of appeal. Distance doesn't matter

But is your oldest on the waiting list with your address listed, not your ex’s? Because unless there’s a sibling or someone who’s since moved even closer, chances are you are top of the waiting list. After half term, you do get movement on a lot of waiting lists, it’s important your dc1 is on the waiting list on your address, not their dads.

Could your kid go to stay weekly with his cousin next door?
That could help out with walking to school together.

Our Local Authority have v clear guidance as to what should be stated as the primary address. If it cannot be decided based on majority of time spent there then it is meant to be the address with which they are registered at the GP and or other council services such as library card and leisure centre membership . They also suggest the parent who received Child Benefit is the one who fills in the form.

I'm confused about the schools applied for. So first choice school, A, was the one closest to dad's address, but you didn't get that. You got allocated school B instead which is four miles away. School C is the one you want to appeal for and is 5 minutes away from your address - did you actually apply for this one? What order were they on your application? Someone else explain if I'm just misreading it.

Presume op must have listed school C or they can't appeal. But as the address listed was a long way from.school C they didn't get that either.