School says full - tribunal?

[Chasingmytail17]

So wondering what to do. The school we want for DS says it’s full and DS has been on their waiting list for a year and still no progress. Do we fight the LA to name anyway - I think we stand a chance at getting them to do this. Then what? Take the school to tribunal as they refuse to admit even though they are named? How often do these cases go in child/parents favour? Do schools win often because they literally have no space? Any experience of this situation greatly received. I’m happy to put up a fight but I need to know what our odds are ideally.

Is the school wholly independent or not?

If it is you need an offer of a place. It can’t be named without an offer.

If your preference isn’t wholly independent the LA must name it unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar is higher than many LAs admit. It is more than an “adverse effect”, “impact on” or “prejudicial to”. The LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the reasons above. Unfortunately, LAs sometimes refuse and force parents to appeal, but the majority of appeals are upheld.

Waiting lists don’t, or shouldn’t, exist in the same way as they do for admissions without an EHCP via the normal admissions procedures.

If the school is named in the EHCP they must admit. If they refuse Judicial Review is possible.

The school is not LA run. But it is a free school approved by secretary education - and therefore is not fully independent and does fall under the same rules as a section 41. I.e the LA could name it without the schools permission. Which should enforce the school to admit as then it’s on EHCP. Except the school is saying they will fight this as they are full. I am not sure what our chances would be fighting a free school who are named on EHCP but who say they are full. They started talking about sq fet per pupil etc etc

The school can say what they like, but ultimately it isn’t their decision. If they are named in I they must admit and if they refuse JR can force the matter.

Do you know how often schools win a judicial case? I’m guessing they would theoretically win at some point as they couldn’t admit every child named?, if they ‘genuinely’ are full…I am thinking this is the way it’s going to go and happy to challenge at all fronts but would hate to put in all the effort for a decision at the end that just agreed with a school on sqFt and therapist numbers…

Very few cases even get as far as JR itself. The vast majority get no further than a pre-action letter, which is what I would expect in such a situation. If it did go to a full hearing I would expect the school to lose. The law states they must admit if named and, if you have to appeal to SENDIST to get it named, a FTT has already ruled they are not so full admission is incompatible (including taking into account arguments such as therapist numbers and square footage).

Hi, I have 3 boys. 8,5&3. Oldest 2 go to primary school. Recently found out the school had pushed through changes in admissions policy and changed criteria from “siblings out of catchment” to “all other children in catchment”. This year 4 siblings who otherwise would of got in were refused a place. We live out of catchment. Our garden is the borderline for the school. My eldest son got refused a place at our catchment school so hence why we went out of catchment school.
The school is an academy trust so makes its own admissions. I want to change the policy back to allow siblings into school as priority for obvious reasons.
My middle child is seeking a ECHP for his ADHD. My question is this : if they do not allow my youngest son into the school will This be something that I could potentially sue the school for as It would disadvantage my 5 year old as he would be late to school everyday (a routine that I has taken me 2 years To establish) he often gave myself and staff a good run around the playground to get him to go in.
i don’t want to go down this route but what is the best way to get them to amend their policy? Many of us have written to the school board but they are telling us we need to fill in complaint forms which were not happy about as we don’t have a problem with the school staff or school itself just the policy.
Before anyone asks the change in admissions policy was pushed through deceptively in lockdown and the adjudicator is currently looking into it.
Any constructive advice appreciated

You would be better starting your own thread, but no I don’t think you will be able to sue based on DC2.

If DC3 doesn’t get a place, practically, you will be expected to look at breakfast clubs/childminder and, if eligible, transport.

Hi thank you . Im
new on here. I thought i had started my own thread . I’ll have another go see if I can work it out. I can’t afford breakfast after school club and that would be unreasonable to ask of me.

Depending on how you are accessing the site there will either be a button at the top of this page saying “start new thread” or an arrow at the top of this page which if you click on will have “start new thread” as an option. If you click on that you will be able to start your own thread.

From a school admission PoV, it isn’t unreasonable to expect you to make alternative childcare arrangements.

This won’t help you; but it seems the LAs’ word for it is “overstacking”?

https://amp.theguardian.com/education/2023/jun/24/disruptive-behaviour-leaves-excluded-pupils-units-in-england-full-to-bursting