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School appeals - help offered

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  • silvercar
    silvercar Posts: 49,660 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    This is my first visit so apologies if this appears in the wrong place. 2 years ago my son was not allocated any of our 5 preferred choices for primary school. The one we were given was completely inadequate for him and we lost all 5 appeals therefore we chose to send him to a fee-paying faith school. Our daughter has been offered one of our choices to start in September and we obviously want our son to be at the same school. We are now appealing once again for a place for him (currently Yr1, due to start Yr2 in September) - it was one of our choices first time around so the LEA will know that we have previously applied and appealed for it.
    How do we go about this?
    The school has 2 Yr1 classes, both with 33 pupils. It is my understanding that they have to have 2 teachers in these circumstances, so we thought we could argue that the teacher is already there and could they not just accommodate our son. I have checked on the school's web site and both of these classes have one teacher and one teaching assistant. Surely this is not allowed?
    The LEA have also told us that we would have to wait for 7 to leave (ie to get the class back to 30) but we know of another school in the same LEA that has a class of 33 and they replace as soon as one has left and they also do not have an extra teacher.
    Any help for points of appeal would be gratefully received, we just don't know where to start with it. We have a book with all the jargon in (John Chard I think) and it is really useful but we just don't know which bits to appeal on.. Please help!!

    Having had your appeal rejected once, what new grounds do you have, other than wanting both to be at the same school?

    Logistics aside, is it in your son's best interests to move him to a different school and one where he will be in a class of 30+?
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  • Spendless
    Spendless Posts: 24,697 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The school has 2 Yr1 classes, both with 33 pupils. It is my understanding that they have to have 2 teachers in these circumstances, so we thought we could argue that the teacher is already there and could they not just accommodate our son. I have checked on the school's web site and both of these classes have one teacher and one teaching assistant. Surely this is not allowed?
    What's the reason the school is over 30 pupils for their current yr1 classes?

    I ask because a number of years ago, when applying for a reception place a number of parents I knew didn't get a place at a nearby school. They took it to appeal and the school admitted not sticking to their own published criteria. The parents won their appeal as it was ruled that if the kids would have had a place if the school had stuck to their admission rules then the school had to accept them and pay for another teacher.

    That meant for several years this particular school year was above 30 with an additional teacher, but I'm pretty sure they wouldn't have taken any others on in that year because the anomaly was due to special circumstances that only applied to those extra children they were told to take and as such there wouldn't be any spaces until the numbers dropped to 29.

    This is only my guess though, someone more knowledgeable may be along and explain things differently.

    My other suggestion is that there is a different ratio for key stage 2 children (yr3 onwards) so have you asked how many spaces there are if you waited another year and kept your eldest in his fee paying school. If the sibling criteria is near the top of your admission list you may find your eldest is at the top of a waiting list.
  • susancs
    susancs Posts: 3,888 Forumite
    This is my first visit so apologies if this appears in the wrong place. 2 years ago my son was not allocated any of our 5 preferred choices for primary school. The one we were given was completely inadequate for him and we lost all 5 appeals therefore we chose to send him to a fee-paying faith school. Our daughter has been offered one of our choices to start in September and we obviously want our son to be at the same school. We are now appealing once again for a place for him (currently Yr1, due to start Yr2 in September) - it was one of our choices first time around so the LEA will know that we have previously applied and appealed for it.
    How do we go about this?
    The school has 2 Yr1 classes, both with 33 pupils. It is my understanding that they have to have 2 teachers in these circumstances, so we thought we could argue that the teacher is already there and could they not just accommodate our son. I have checked on the school's web site and both of these classes have one teacher and one teaching assistant. Surely this is not allowed?
    The LEA have also told us that we would have to wait for 7 to leave (ie to get the class back to 30) but we know of another school in the same LEA that has a class of 33 and they replace as soon as one has left and they also do not have an extra teacher.
    Any help for points of appeal would be gratefully received, we just don't know where to start with it. We have a book with all the jargon in (John Chard I think) and it is really useful but we just don't know which bits to appeal on.. Please help!!

    As spendless stated the infant class size is a maximum of 30 children to one qualified teacher. There is however an exception made if children are admitted as a result of winning a place on appeal or a special needs child with a statement/ child in care admitted outside of normal admissions rounds. These children do not count towards the class limit for the school year in which they were admitted ("excepted"). If the class size does not reduce down the following year, then the school would need to employ an extra teacher. However as this would not usually be a cost effective use of the school budget for just 6 children in the case of the school you are looking at, they would probably have plans to go to mixed age classes until the class size reduces to 30.
  • dizzybird77
    dizzybird77 Posts: 12 Forumite
    Just thought I would pop back to update.

    We found out today that our appeal was successful!! I am so happy right now and a little shell shocked.

    Thank you for those who offered advice/ support.

    I would definitely recommend 'how to win your school appeal'.

    Good luck to anyone still going through this horrible process x
  • susancs
    susancs Posts: 3,888 Forumite
    Just thought I would pop back to update.

    We found out today that our appeal was successful!! I am so happy right now and a little shell shocked.

    Thank you for those who offered advice/ support.

    I would definitely recommend 'how to win your school appeal'.

    Good luck to anyone still going through this horrible process x

    Thank you for the update, that is fantastic news, I am so pleased for your son. Wishing him every success in secondary school. X
  • dizzybird77
    dizzybird77 Posts: 12 Forumite
    Thank you. Can't wait to tell him after school :) x
  • My friend had her childs high school place rejected as her application was late due to a family bereavement. If the application had been on time they would have got a place as at a feeder school and a sibling at the school but out of catchment. They have gone to appeal and it was upheld and she has now been told she is 11th on the list to get a place. Another family have won their appeal and they have sibling at the school but are not at the feeder school or in catchment. It all seems a little unfair.
  • susancs
    susancs Posts: 3,888 Forumite
    My friend had her childs high school place rejected as her application was late due to a family bereavement. If the application had been on time they would have got a place as at a feeder school and a sibling at the school but out of catchment. They have gone to appeal and it was upheld and she has now been told she is 11th on the list to get a place. Another family have won their appeal and they have sibling at the school but are not at the feeder school or in catchment. It all seems a little unfair.

    If it is a large secondary school, she may still get a place by September if only 11th on the list, as children may move or take up a place at another school etc between now and September. As your friend did not do the secondary school online application in the 8 weeks it was open, even if due to a family breavement, her application could only be treated under the same criteria as the on time applications, after the on time applications had been all been processed first. In regard to the successful appeal it is usually because the critera was not applied correctly that wins an appeal and maybe sibling was one of the top criteria as opposed to feeder school etc. If it was an ontime application it would have priority over your friends application. I do have a sympathy with your friend as my cousin lost her husband suddenly in September one year and was struggling to carry on due to the grief, but the primary school her child attended were great and checked that she had done the application and offered to help her do it in the school.
  • Spendless
    Spendless Posts: 24,697 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just thought I would pop back to update.

    We found out today that our appeal was successful!! I am so happy right now and a little shell shocked.

    Thank you for those who offered advice/ support.

    I would definitely recommend 'how to win your school appeal'.

    Good luck to anyone still going through this horrible process x
    Only just read this. Really pleased for you/your child.:T

    What did you win it on? Should the admissions team have applied the medical circs to your case?
  • dizzybird77
    dizzybird77 Posts: 12 Forumite
    edited 3 July 2015 at 9:43AM
    Spendless wrote: »
    Only just read this. Really pleased for you/your child.:T

    What did you win it on? Should the admissions team have applied the medical circs to your case?

    Thank you!

    The panel stated they were very surprised that the medical circs has not been prioritised ( Sheffield does not have a medical/social criteria priority unless SEN but can give priority within your band in exceptional circumstances) and agreed that DS had been extensively prepared in primary for this particular school and that it would have a detrimental effect on his MH and emotional wellbeing if he was placed in the allocated school.

    I am so pleased, I don't think I've stopped smiling since we found out!

    Although I do think that there should be a criteria for medical/social in all applications nationwide as children without statements who have these kind of needs do seem to be disregarded. X
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