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PostPosted: Tue Apr 03, 2012 10:59 am 
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Joined: Tue Jul 07, 2009 12:43 pm
Posts: 375
Location: London
Hi
Are schools governed by age discrimination? I have sent a message to the appeals box about my son who this year did not get a place at his first choice school as PAN changes each year.
Any advice welcome.
Thank you.

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Charl39


Last edited by Charl39 on Sun Jul 08, 2012 6:26 pm, edited 1 time in total.

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PostPosted: Tue Apr 03, 2012 12:19 pm 
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Joined: Sun May 13, 2007 8:03 pm
Posts: 1827
Location: Gloucestershire
You could certainly try arguing that at appeal. If the PAN has been 180, they can't say that they don't have capacity to teach an extra class of 30!

If could be the local Education Committee has decided that it's a small birth year so there needs to be less places at that school to make for economically efficient education for the whole area. The school, on the other hand, may not be happy about that but has to go with it - if they're the 'Admission Authority' at the appeal they might not put up a very strong case.

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Capers


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PostPosted: Tue Apr 03, 2012 4:11 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7063
Charl39 wrote:
Are schools governed by age discrimination?
Schedule 18 of the Equality Act says:
Quote:
PUBLIC SECTOR EQUALITY DUTY: EXCEPTIONS
Children
1 (1) Section 149, so far as relating to age, does not apply to the exercise of a
function relating to—
(a) the provision of education to pupils in schools;

It sounds as if the 'correct' PAN is 150. To have taken an extra class under the 2009 Admissions Code, this was the procedure:
Once an admission number has been set by the admission authority, schools should not admit children above the published number unless the school and the local authority agree that admitting above that number will not adversely affect the school in the longer term and will not have a detrimental effect on neighbouring schools. A school can make representations to the local authority (or the Secretary of State in the case of an Academy) to admit above their published admission number. They should submit their request before 31 January in the offer year, at which time the local authority needs to know where places will be allocated as part of their co-ordinated scheme."

Charl39 wrote:
I am basically wondering if it is worth appealing on these grounds as it seems so unfair that he should miss out solely because of his birth year. Incidentally we are well within the next 30 on waiting list so we know he would have got a place this year had PAN been 180.
I can understand how aggrieved you must feel, but the best approach is to appear as a 'reasonable parent' and politely ask questions at stage one of the appeal:
    What is the net capacity of the school?
    What is the indicated admission number?
    Could you explain why ......... ?

The basis of your own case should be to come up with reasons for wanting or needing a place
http://www.elevenplusexams.co.uk/appeal ... -school#c2
and to hope that the panel will consider them sufficient to outweigh any prejudice to the school.

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Etienne


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PostPosted: Wed Apr 04, 2012 6:28 am 
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Joined: Tue Jul 07, 2009 12:43 pm
Posts: 375
Location: London
Thank you very much for both responses. We need to give more thought to whether to continue as our appeal grounds are not very strong.

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Charl39


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