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PERSONAL LEGAL PUBLIC SECTOR & EDUCATION LAW

The Right School – Appealing for a School Place

When I grew up I went to my local school.  The girl who lived next door did too and my friends from down the road.  In the 70’s and 80’s that was largely the norm. All schools were pretty much the same and the experience of passing through that system was similar no matter where you went.

 Life has moved on a great deal since those days and much like life the range of options you have for schooling your children within the state sector are numerous. The changes in school settings often recognise that young people are individuals and that they need to be treated as such.

Each school has its own motto or ethos and head teachers are described as leaders who set the Agenda and tone for the performance and direction of the school.

At the primary stage the choices are less marked but include whether the school is run by a church authority, controlled by the head and governors as an Academy or a more traditional school whose funding and affiliations still lie within the remit to the County Council. We can of course add to this the fee paying schools and newly created free schools.

At the secondary tier of education the distinctions become more marked. Not only do all those management and control vehicles exist but schools are encouraged to specialise as Science Colleges, Art Colleges or Sports Colleges. Each award comes with its own prestige and marks one school from another quite distinctly.

With so many differences between schools gone are the days when the local school is the only option for your children. If your daughter is sports mad and lives close to an Arts College or if your son is a talented musician but lives near a Science College, then you don’t have opt for your local school. You have the opportunity to choose the best school for your child, a decision which will impact on whether they prosper in their setting receiving specialist support or whether they simply “get by”.

Preferences

As a parent you are free to choose the best school for your child. Actually you have to make three choices on your school preference form – and that is three separate choices, you don’t get extra brownie points by listing the same school three times to emphasize the importance of that school or the unsuitability of a school down the road ……

So far so good, but wait………unfortunately not every pupil is allocated their preference. All well and good if the chosen school has sufficient places but if the choice is that of a large number of others then there is a problem. It is here that the school’s carefully crafted and hopefully legitimate selection criteria come into play in allocating the places. This means success for some and disappointment for others. In 2010 one in six young people did not get allocated to their first choice secondary school. In 2011 65% of London pupils were granted their first choice school and 87% one of their first three preferences. The position is better outside of London but there are significant regional variations. Most who are not placed in their first choice school will find an acceptable place at their second or third choice, but for those who are not successful in being allocated a school of their choice there is an Appeal process which can be followed. About one third of Appeals are successful across the country.

The prospects of success at an Appeal can be increased (although with no guarantee of success) in the way in which an Appeal is put forwards both in the written documentation and in the way the case is presented to the Appeals Panel.

In year appeals generally stand a better chance of success than where a popular school is dealing with multiple appeals in the normal admission round.

In my experience the panels like to be able to make a clean decision with clear arguments put in a logical order. Some people are happy to deal with this themselves where as others prefer to gain assistance.

Some Help

My role within the process is to ensure that the appeal is organised and presented to attain maximum impact and to ensure that all necessary evidence is collected.

An Independent Appeals Panel will deal with the appeal. A decision is sent shortly after the hearing.

Although not everyone will be successful, most will end up with their children being in the right school where they feel at home and can prosper.

How can you maximise your chances of being successful?  Well:-

  1. Research your schools properly. Even if your son or daughter falls in love with one always have a Plan B. Try to ensure that Plan B is a realistic option.
  2. Make sure that you get your Application sent in before the deadline closes.
  3. Make sure that the Application form is completed fully with direct reference to how your child meets the criteria. If they have a medical or social need ensure that an explanation is made (with evidence) on the original form.
  4. If you are not successful,  order your Appeal in a clear and concise way. Obtain the evidence that is necessary.
  5. Present your case clearly and logically.
  6. Get help or advice if you need it.

This can be a very stressful time. I wish you luck and a happy ending.

David Boobyer is a Partner at Tollers. He and his team charge £750.00 plus VAT to advise clients through the Appeals process and a further £750.00 plus VAT for representation at an Appeal Hearing.

www.tollers.co.uk

david.boobyer@tollers.co.uk

01604 258 558