Expert needed - Notice of appeal; is this a good basis of appeal?

[Switchy111]

Submitting 3 notices of appeal - this is the first; more detail and evidence will be provided later, at the next deadline.

what are people’s thoughts on this? Do we have a stronger appeal?

it’s a long one…

1. Illness Impact on Common Ability Test

A* was diagnosed with tonsillitis by his GP on 7 November 2025, the day before the Common Ability Test. Despite attending the test on 8 November, he experienced throat pain, fatigue, and reduced concentration. His resulting norm-referenced band does not reflect his usual academic standard, as confirmed by his current school assessment data. If he had not been unwell—or if alternative evidence had been considered—he would likely have had a substantially higher chance of securing a place. GP notes are included to support this claim, with further evidence to follow.

1. Extracurricular Talent and Alignment with School Provision

A* ranked in the top 18.5% in Xxx School’s drama aptitude assessment, demonstrating clear potential despite no formal Drama lessons or clubs. He is also an accomplished sportsman, having played rugby for five years and participated in football at academy level, showing commitment, teamwork, and discipline. Xxx School’s specialist provision in both performing arts and sport makes it well suited to nurture his abilities, and A* would both benefit from and positively contribute to the school’s extracurricular community. Supporting letters from his school are included.

1. Family and Logistical Circumstances

A’s father is the primary caregiver for A, his 6-year-old brother, and a registered carer for A’s grandfather, who has advanced heart disease, with A providing daily support. A’s mother works full-time in London, limiting her ability to assist with daily care. The allocated school is 12.6 miles from the grandparents’ home with no direct bus route, creating practical difficulties and extended periods of unsupervised time for A*. A* has experienced symptoms of stress and anxiety since learning that he would not be attending his preferred school, due to the allocated school being such a distance from his grandparents. Xxx School, just 0.4 miles and a 9 minute walk from his grandparents, would ensure consistent support, reduce stress and anxiety, and provide a smoother transition due to its smaller student population (A’s current school has only 62 pupils).

1. School Capacity

Xxx School, currently Years 7–9 and expanding to Year 10 in 2026, has the capacity to admit an additional pupil without prejudice to efficient education or resources. Admission of A* would not impact the school’s operations but would align with both his academic potential and practical needs.

I’d edit what you have written so far, so it is less obvious you have use ChatGPT to write it.

I think you’ve been given really good advice on your other thread. It might be worth returning to that.

Not an expert.

I have a question re Norm Referenced Band

Do they normally take more pupils from higher bands? Why would being in a different band have helped him be accepted. It isn't clear to me.

top 20% for drama sounds much weaker hn ability in football, so why aren't you leading on football? What is it about their football provision that is better? (And does it matter anyway given he plays for an academy?)

Can you evidence stress and anxiety? Otherwise it sounds just what any other parent would write? Is young sibling extra needy, or just 6?

Id take out the drama and football paragraph, that would be relevant if they were unusually talented or committed but it just reads like he has normal hobbies, with football written in past tense (was that deliberate or an AI glitch). It's great he has hobbies, it speaks to a well rounded happy child, but not a particularly theatrical or sporty one with grounds to appeal.

The school is a sports and performing arts specialist school, so the point was to highlight that he is above average in both areas.
he is a very talented footballer, and the schools own drama aptitude test identified him as being in the top 18.5% of all kids tested (110 took the test), he has never done a drama club etc, so definitely a natural aptitude there.

Sorry OP but ‘top’ 18.5% is really not that high.

As an ex-panellist I have questions.

1. I understand your point about being placed in the higher band.

A) What evidence do you have that says how the bands were allocated (in other words, how do you know that x level performance at school equates to band B/2, for example?). B) If it was distance that prevented a place, what was the last distance in the band you think he should have got, and was he within that? C) The testing is a snapshot of the day. There could have been many students with coughs, colds, sore throats, tummy bugs...why should your DS be treated differently if he wasn't so ill he couldn't take the test?

1. Top 18.5% isn't high. It really isn't. If he's so interested in drama, why hasn't he done any out of school clubs? (If your work and DHs caring commitments preclude it say so)

1. Take out the 'positively contribute to the school's extra-curricular community - appeals panels aren't allowed to prioritise candidates that might be 'good' for a school.

1. I agree re. Football being strong. You need to expand on what is good about the school. Specialist status isn't enough on its own. What does the school do that is different and benefits your DS. It's all too vague.

1. Why does it matter that your DS's grandparents are near to the school. Is it that DH is there before or after school for hours? You don't make it clear why it matters. It would be better if you said 'DH is at his Father's house from 6am to 5pm daily'. You'll need to justify why your DS can't cope at home if your DH leaves the house, and why your DH can't take him to school before caring for his father.

1. If he's been allocated a school 12.6 miles from his grandparents home, it's pretty irrelevant. He didn't use his Grandparents home as his home address, I presume? How far is it from his home? Had you put the nearest school on your preference list? Is the allocated school more than 3 miles from his home and if not, what transport will be provided? Generally, transport issues aren't good grounds of appeal but it's information that you don't give which builds the issue.

This is the schools benchmark - not ours, they contact all parents of kids with the top 18.5% one week after the aptitude test and then 5 are selected for drama aptitude places. Once I submit the notice of appeal, the school will tell me where he was within the top 18.5% - he could’ve been top 10%, I won’t know until we get this bing back. So that is really there as a placeholder for me to elaborate on in final appeal report.

accept it is a funny figure but that is how they present it!

Thank you, this is really really useful.

my husband care for his dad from 5-7pm every evening, if I a working away DS goes with him, the school is 9 min walk from grandparents. So it would be better for everyone if Henry could be so close and met his dad at his grandparents.

this school is our closest school in distance, but we are not in catchment area. But, the catchment area does fill all the school places - as it is a new housing estate not yet finished.

on banding, I need to get data back from school - which they send after I symbiotic of appeal. The bands are equally sized, but priority children take the sports before random allocation, so my understanding is some bands would be fuller than others by the time of random allocation.

How far are you from the Grandparents? Honestly, I would say that a panel is likely to think that your DH can wait until your DS gets home, then go over to grandparents then.

Also, if he's only providing 14 hours of care then that gives a different picture from someone who is a full time carer (e.g. eligible for carer's allowance).

If, say, X would have been in Band A on a good day and is instead in Band B, but the allocation of Band spots after catchment kids have been admitted is random, then there’s no way to say if you would have got a place if X had been in Band A.

I think the logistics would be pretty weak, a secondary aged child can travel independently and be left at home unsupervised for that period. Iirc part of your argument with sport is that there is a club sponsored football programme, have you established if it is compatible with his academy (which presumably is after school so he would not go to gps that day) or an engagement activity rather than elite training. Is it possible to do both sport and drama or would he have to choose? Agree why does he not do drama as a hobby, am dram or youth theatre performances.

Did you put your catchment school on your list of preferences? I hope so because it means that you will get transport to the allocated school if it's more than 3 miles away.

I would prepare yourself that unless the admitting authority's case is very weak, it's unlikely that you'll succeed. My reasons are:

• If your DS wasn't going to get in on distance in the higher band, it wouldn't matter that he had tonsillitis and was placed in a lower band.
• The panel is unlikely to think the distance from his grandfather's house is relevant when the care provided is clearly outside the school day and only two hours. In previous threads you gave the impression that your DH practically lived there.
• A typically developing 11/12 year old should be able to be home alone between 5-7pm.
• The top 18.5% of drama applications is irrelevant because he didn't meet the threshold for admittance under those grounds.
• All schools will play football in some way, so unless this school has something very different in its offering, it's unlikely to prejudice your DS by not going there.

You still haven't said how far the allocated school is from your home address, or whether it's your catchment school.

My husband goes to his parents straight from work typically - he is a headteacher (so no flexibility in working day really, onsite until everyone leaves) and works at a school close to his parents.
we live in a village about 7 miles north of his parents and the school.

The school is 6.6 miles away, it is our nearest school as the crows fly, but is not our catchment school. We have 2 catchment schools, I put down 1 of them as our 4th choice (we only get 4 preferences) I didn’t get it, but got allocated the other catchment schools.

Ultimately, you have nothing to lose by appealing. However, I do think your appeal is weak and all the information about your DH being on the electoral roll for his father's house, etc., isn't going to help because it just makes it look like you're exaggerating his caring role. I think a panel would be likely to think that your DH can drive home and collect your DS before going to his Father's house if necessary.

@Lougle i think that the drama set up is that the top 20 applicants (which is approx 18.5% of 110) are the shortlist for the drama aptitude places. Whether it is then random pick from the 20 or one drama aptitude for each Band or the closest 5 of the 20 is unclear.

OP, is that right or am I talking nonsense?

What happens at the moment? If your husband leaves work and goes straight to his father for two hours from 5-7pm, how does he collect primary school aged children (even if he is bringing them with him?)

He is a headteacher, both our children attend his school for this reason

That’s exactly right

Yes, for example, Northampton School gives the following worked example:

"The school receives 450 applications and following a check of the relevant eligibility, 5 of
whom have an EHC plan and whose needs have been agreed can be met at the school, 7 of
whom are defined as LAC or PLAC, 63 of whom are Free School Meal students, 1 of whom
is the child of a member of staff, 20 of whom are siblings and 21 students eligible to receive a
place based on their aptitude.
As the school is oversubscribed, the oversubscription criteria would be applied. The first part
of the process will be to use random selection, supervised by an independent 3rd party to
select 21 places from the 63 students identified as being eligible under the Free School Meal
criterion.
This would mean that there are 75 places to be allocated under oversubscription criteria 1 to
5 (5 EHCP, 7 LAC/PLAC, 21 FSM/FSM6, 1 employee link, 20 siblings, 21 aptitude) and
would leave 135 remaining places which need to be allocated from the remaining 375
applications. This includes the 42 Free School Meal students not initially allocated a place
under criterion 2.
Each of the equal sized bands will have 90 (450/5) students placed in it based on the
performance in the Common Ability Test.
As an example, consider the middle band C.
1 EHCP student, 2 LAC student, 7 FSM students, 4 siblings and 6 aptitude students are
allocated places first. (20 places allocated)
6 applicants live within the defined catchment area and are allocated the next places. (26
places allocated)
Random allocation is then applied to allocate the remaining 16 (=42–26) places from the 64
remaining applicants.
These will be allocated in a statistically random order generated and supervised by an
independent third party."

Given that @Switchy111 's DS didn't get an aptitude place, they are reliant on the banding. Within that, it's random allocation, so I don't think arguing that a different band would have had a different result will help because it would be impossible to know if they would have been randomly assigned a place if they were in a different band.

Yes that’s a good example - so in that band 26 out of 42 were allocated to priority children. But what if in band b only 11 out of 42 were allocated - the probability of random allocation could double by being placed in a different band with less priority children.

i need the school to share the breakdown of banding which they haven’t yet.

It could, but I think you'll struggle to justify that your DS should be given a different band because of tonsillitis, and even if you did, it would be impossible to say whether he would have been randomly allocated a place.

I have seen Banded schools publish how many fall into each criteria by Band after allocation day.

But regardless: as Lougle says, even if Band A happened to have more places for random allocation than Band B, the panel cannot consider your probability of getting a place as a reason to give you a place. Just as if 6 random places were available in a Band and the Band had 7 non catchment applicants, one of them has to be the unlucky one.

So you are back to the basic argument, Reasons why the prejudice (detriment) to my DS of not attending this school outweighs the prejudice to the school of having to admit an extra pupil.

Was there only the one banding test date? No reserve date for those, like your DS, who were ill on the day?

I don’t think the caring angle makes any sense, sorry. Your DH can pick DS up from home before going to his dad’s, or DS can wait at home till DH is back later. Your DH having a commitment 5-7pm each evening is irrelevant to your DS’s school day. If he drove to collect DS first, he could still do his caring duties from 5.30pm or so, it’s just a bit less convenient. The drama and football angles are weak too, worth a mention given the school’s specialism, but given that DS has never shown this acting talent before in drama clubs etc, it’s not a pressing case and he can do drama elsewhere. It’s worth appealing just incase you get lucky, but the best thing is that you have been allocated a catchment school so DS can go there and routines can adjust accordingly. If you’re not happy to have him home alone yet, you might find a CM or club who’d still be happy to have him afterschool for y7. But most kids that age can manage and adjust swiftly.