Are schools governed by age discrimination?
Schedule 18 of the Equality Act says:
PUBLIC SECTOR EQUALITY DUTY: EXCEPTIONS
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.
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 placehttp://www.elevenplusexams.co.uk/appeal ... -school#c2
and to hope that the panel will consider them sufficient to outweigh any prejudice to the school.