Hi
Just after some advice -
Josh received his letter re: secondary school placement and it was infact my second choice ( albeit the second choice was made very reluctantly ) :( .
I am now going to appeal on the grounds that the allocated school is too far and is also mixed sex while my first choice is boys only .
The reason the LEA gave for refusing his first choice was that he falls outside the catchment area and it is oversubscribed .
What it comes down to is that the first choice school has a really good reputation an the others are P**
Has anyone successfully appealed against this sort of thing . And can you offer any other grounds that may be valid when appealing ???
I understand they very rarely overturn their decision but I feel my sons future is worth fighting for
Lesley

No advice, just sympathy. :( It's such a worry, isn't it?

it is when there are only 3 schools to choose from and two are rubbish :(
Lel

Lesley,

I would suggest that you speak to the Headteacher of the school of your first choice. Places occasionally become available as other children who have been offered places decide to go elsewhere. By speaking to the Headteacher/admissions teacher you may make a good impression and be offered a spare place.

Alternatively, ask the Education Authority for a written copy of the appeals procedure and study it carefully.

Michael
23 April

Thanks Michael
have asked for copy of the criteria used to see if there are any loopholes ( unlikely but worth a try).
Do you know if there are any more actions to take if the appeal fails ? I wouldnt want to keep Josh from school but I want to know all options available
Thanks for replying
Lesley

Hi Lel :)

Just want to wish you luck. I too would fight tooth and nail for thebest ffor my kids :D

Ali :)
xx

Hi Lel,

So sorry to hear of your problems. I had a very similar problem when we moved three years ago. Although It was a primary and junior school, same rules do apply. We moved to a new home where the local school is a two minute walk, so obviously applied for our daugher to go there. (again, it is a very well respected and popular school). We were told, that there were no places and that they had to vigourously stick to the 30 per class rota, but in their defence, they encouraged us to appeal, and sent the relevant forms. The appeal was subsequently heard (you do not have to attend), and was upheld. But and it is a big BUT!! within one day of the appeal being turned down, I had a personal phone call from the head saying that a place had been found. Now, I do not wish to get your hopes up, but if there is a waiting list and you bother to appeal, you will almost certainly not win, BUT you will go to the top of the waiting list. It was quoted to me, that the summer being the most popular months for people buying new homes, you will always get some class fall out, with people moving out of the catchment area. Also, you may find that some people who have applied and then moved or changed their mind, do not even bother to tell the school, so it is not until the school does their final confirmation of numbers towards the end of the school year that they begin to realise how many are REALLY going to be going, making your appeal very very worthwhile.

I hope this helps you slightly. Very best of luck (PS, daughter is SO happy now!!!)

I don't want to put a dampner on things but if they are over subscribed and you are not in the catchment area , I don't think theres much chance because there will be others who have been turned down who are in the area . Our local secondary school has just reformed it's boundary's and is really hot on this ,
That said -it's worth a go at appeal and I wish you luck ,but I'd be prepared to look elsewhere
liz

Hi Lel

Just spent ages writing you a detailed response to your query - then went and deleted the wretched thing. I used to do some work with education appeals panels, so thought I might be able to help.

It's important to remember that although the panel will be judging your case against set criteria, *the final decision does rest with members*. The law requires that your child be sent to the school you prefer, unless there is a special admission arrangement such as the preservation of the school's religious character, or selection according to ability. However, the LEA is allowed to contest this on the grounds that admission of your child would prejudice the efficient provision of education and use of resources. To successfully refuse Josh, the panel must therefore *prove* that this is the case. Not sure how old Josh is, but LEA can also refuse infants in order to keep class sizes down to 30.

The important thing for you to do is get hold of a copy of your LEA's admission criteria, and criteria for assessing appeals. To really be successful, you need to show that (a) it would be seriously detrimental to Josh to attend another school, and (b) that the school of your choice can take him without compromising efficiency. Your best bet would be to show that Josh was emotionally fragile, had only just found his feet/started making friends etc etc, and get some teachers to support this (ie confirm in writing). You should then find out what your Council's policy is on bullied children/children who may need support at school, and claim that the Council is not adhering to policy. If you can make this case, make it clear that you are willing to involve the Education Portfolio holder, the Chief Exec, and local paper. You don't actually have to, but elections are coming up so no one will want this.

If you are not satisfied with the outcome of appeal, you can:

(a) Complain to Secretary of State
(b) Complain to local Ombudsman, claiming maladministration
(c) Complain to Council on Tribunals
(d) Instigate proceedings in high court.

Anyway, hope this is helpful. Definitely go for it, if you can make a case. It's always worth it - I've seen many parents gain a place through appeal - it's getting harder as panels are supposed to be getting tougher, but if you know your stuff and can argue a strong case you've got an excellent chance.

Good luck!

Jo

The above edited because I couldn't suss the "italics" command!

Jo
THANKYOU so much !!!!!!!!!!!!!!!!

Need as much advice as I can get- I dont think there is much hope realistically but I am d**n well going to try
Thanks again Jo:D

Lel

Just wanted to wish you luck really :) I am absolutely dreading having to sort out senior schools for my daughter :( And the local authourity have decided to flatten all 3 local senior schools (non of which are any good) and build new ones, very nice you might think but the chaos will be happening right through her senior education!

These are the most important educational years too
Jo - would it be of any use to use a solicitor in any way ? Either by adding a letter or such
Lel

Hi Lel

Another long post I'm afraid!

You are perfectly entitled to have your legal representative attend the meeting (or a friend or advocate, for that matter). However, because appeal panels are deemed "informal" processes, LEAs usually try to discourage you from having a solicitor present (though obviously it's up to you at the end of the day). My own personal view would be, if it was possible to hire a solicitor who was an expert in appeals processes, it would obviously be an advantage - they are the professionals after all. BUT - it would also be extremely expensive. If you feel confident that you can make a good case that by accepting Josh the school would not compromise efficiency, and by being forced to attend another school Josh would be adversely affected, you have every reason to feel confident that you can obtain a successful result. If you cannot make this case, then you are unlikely to win the appeal whether or not you have a solicitor.

In terms of the solicitor writing a letter - you should bear in mind that most of the correspondence for the panel will be handled by the office administrator or committee officer setting up the appeal, so while this "threat" is usually pretty helpful in most wrangles, in this particular situation it wouldn't be seen by the panel members until they received the papers for the meeting.

This is what I would do, if I was in your situation.

1. Decide whether I could make a case that the school would not compromise efficiency by accepting my child, and that my child would be adversely affected if forced to go to another school (obviously I would be prepared to lie through my teeth and bribe the teachers!)

Assuming I decide I can, I would then ...

2. Ring the LEA and ask for a copy of the criteria used to decide appeals, AND the protocol for organizing appeal meetings (ie how many days before the meeting the agenda etc has to be sent out). Get the name of the officer dealing with your request. You are entitled by law to access this info!

3. Ring up the Council's strategic policy section. Ask them for a copy of their corporate plan (you might be able to download this from internet). Assuming that your case for Josh will be grounded on the fact that he may have suffered bullying by other children and has only just made friends etc etc, also ask them to provide you with details of all policies concerning bullying, or supporting children at school who may be vulnerable. They may um and ah about this .. if they say they haven't got anything (they will!) ask them to confirm in writing to you that they do not have any written policy statements on bullying etc. That should get them thinking.

4. Bearing in mind the need to follow your LEA's particular protocol for making an appeal, you will at some stage need to formally advise them of your wish to make an appeal and reasons for this. Note that any correspondence you send will be included in the papers of the appeal meeting, so try and word everything as formally and clearly as possible. State your case extremely clearly, and set your reasons for appeal against the current legislation and your rights. This is crucial - the panel will use this info to inform their decision. Make it clear in your correspondence that you are extremely unhappy with the initial decision, know your rights, and will pursue the matter to fruition.

5. You need to do a bit of research re proving that your LEA would not compromise efficiency by admitting Josh. Find out what the predicted class size is for the next academic year, and other predicted class sizes for other similar classes in the school. Find out what the class sizes were for previous years - if they were larger than the current predicted size the school needs to explain why one rule's good for one year and not another! Contact a few other, respected schools (don't necessarily have to be local) and try to find some that have slightly larger classes than the school you want to send Josh to. You can then ask your school why it is not as efficient as other schools, etc.

6. If you manage to dig up some good research re your preferred school's previous class sizes etc, I'd be tempted not to reveal this info until the actual appeal meeting. If you include it in the papers it may give the LEA time to come up with a reason. If, on the other hand, you state the information at the hearing, the education officer in attendance will be forced to come up with a response then and there, and he/she is unlikely to be able to do so. You need to make sure though that you state the facts very clearly, so the panel members are in no doubt that there is a strange inconsistency afoot!

7. Contact your LEA and ask them to state explicitly in writing how admitting Josh would impact on the school's efficiency. Don't let them fudge it - demand monetary breakdowns etc.

8. Gather evidence to show that Josh would be adversely affected by the other school. This could be a written letter from another tutor, someone Josh confides in (an adult), etc.

9. Keep a beady eye on the LEA. If they fail to send you papers/info etc in the timeframe set out by law, kick up a mad row. Write to the Chief Executive, Head of Committee Section and Education Portfolio Holder to raise concern about the authority's handling of the matter, and demand an explanation.

10. Make arrangements to attend the appeal hearing. Prepare your verbal statement (reiterate your case basically). Bring along your partner/advocate, wear a suit, carry a briefcase and look scary. Don't be intimidated - remember - people who sit on committees tend to be sad bas****s who don't get out enough!

The panel will consider the case. Let me know if you want me to explain the process.

Hopefully you'll be advised of a successful appeal!

Let me know if you'd like any other info. :)

Thanks again Jo
I have printed off all your info - now I have to go about setting it all out.
Will see if there is any criteria info on the net -I have basic overview but i want more detailed stuff to throw back at them .Has to be compiled before Friday which doesnt leave a lot of time . Have not been able to speak to Joshs teachers due to the Easter Holidays .
Thank alot again - it is VERY much appreciated :)

No problem - hope it goes ok!