School appeal - Mid year, change of circumstances

KRB2725

Wondered if anyone can help?

Child did not get into preferred school this year, reception year. Appealed and (as expected) lost as it was an ICS appeal.

We are now considering appealing again because of a material change in circumstances (medical). I realise that we probably still have quite a weak case as it is notoriously difficult to gain entry on these grounds.

However, should we win, would we be granted a place at the (full) school, or can an appeal panel give you priority on the waiting list so we would gain the next available place?

silvercar

You would be appealing against not having a space, so if you win you get a place.

What then happens is that the next time a child leaves, the place is not offered to anyone off the waiting list, in order to bring the number down to the correct class size.

Fireflyaway

Different authorities have slightly different rules and it can depend if the school is voluntary controlled or not, so to be exact, speak to your own admissions team.
Where I live, if the class size is already at capacity and that's the reason you didn't get in and the same reason you didn't win the appeal, the same reason stands even if your circumstances have changed. They can't expand the class.
Its worth telling admissions though because it might move you higher up the waiting list. You may need written proof of your circumstances.

IAmWales

You cannot just appeal again. You need to contact the local authority (or whoever allocates places for the school) and submit evidence of your new circumstances. They will then decide if your place on the waiting list is to be adjusted (you'll have been placed on the list when your appeal failed). If you disagree with this decision, you can then appeal.

Is the school in question the only one that can meet the child's needs? That is what the panel will be looking at.

If your appeal is successful you will be moved to the relevant category on the waiting list. You will only get a place once one becomes available *and* you are next on the waiting list.

silvercar, in year admissions are treated differently to those in the normal admissions process. If no places are available then only in very exceptional circumstances would a school be expected to accommodate the child. In my local authority that has only happened when the appeal has gone to the ombudsman and they have found the *original* application process to be unfair.

KRB2725

Thank you all for taking the time to reply.

IAmWales. I didn't realise when I posted that this was how it worked. I thought you were allowed a second appeal within the academic year if circumstances changed, I didn't know that you could just ask the admissions authority (in this case the LEA) to review and possibly move you into a different category & then appeal this decision.

I would be happy with waiting list priority as I'm sure a place would come up at some point. As I say, I believe our case is weak so will ensure I have as much supporting evidence as possible before we apply.

Thanks again

IAmWales

Focus on demonstrating why that school is the only one that can meet your child's needs. A straight "my child has x condition" is not sufficient, you need to then go on to explain that (for instance) the school has a specialist unit for that condition and no other school that you could reasonably attend does.

A second appeal (without a change of circumstances) would need to be to the ombudsman. A change of circumstances would be (initially) to the allocating body, in the same way that you'd notify them of a change of address.

The rate of success of ICS appeals is (in most areas) well under 5%. But that still means some are successful, so it's always worth applying.

silvercar

silvercar, in year admissions are treated differently to those in the normal admissions process. If no places are available then only in very exceptional circumstances would a school be expected to accommodate the child. In my local authority that has only happened when the appeal has gone to the ombudsman and they have found the *original* application process to be unfair.

In my area and appeal is an appeal, if you win you get the place and then no places are offered to those on the waiting list until the number is below the official level again.
It may well be harder to win an appeal if there is no room.