Private school closing and pupils allowed late 11+ test

[RedPanda]

How strange. If those private pupils did indeed put down the GS prior to the 31st October then it is probably above board.

When did the school publicise it was closing OP? Would parents have known by the 31st?

[Thegirlrider]

It was put into administration before Christmas and after October 31st. But I’m not sure if the parents knew before or after October 31st. It was certainly very close! The school was bought out in May ‘17 and things were going downhill by autumn.

[mitasol]

The point I was making was not that they applied by 31 but that late testing is to be expected. They may well have been permitted to make a late application under change of circumstances. Although school closure is not a specifically mentioned criteria.

Exceptionally a parent may be prevented from submitting an application by the deadline. Where there is a genuine and serious reason the LA or admission authority may agree to treat the application as on time.

[RedPanda]

Thanks mitasol. I missed your point. Perhaps a school closure (albeit a private one) may count. In any event it may be down to them to decide what counts and what doesn't. Interested to see where this goes.

Good luck OP.

[Etienne]

Welcome to the forum!

The appeal panel will have a duty to consider whether the published admission arrangements are lawful and have been correctly applied.

The Appeals Code states:

3.5 The panel must uphold the appeal at the first stage where:
a) it finds that the admission arrangements did not comply with admissions law or had not been correctly and impartially applied, and the child would have been offered a place if the arrangements had complied or had been correctly and impartially applied ....

The question is whether there is absolutely no doubt that as a consequence of a failure to follow the published admission arrangements you have been deprived of a place that would otherwise have been yours.

If the panel decides that the answer to this question is 'Yes', they will allow the appeal - unless there are other children in the same situation, and the school could not cope with such a number of successful appeals.

The Appeals Code states:

3.6 However, in multiple appeals where a number of children would have been offered a place, and to admit that number would seriously prejudice the provision of efficient education or efficient use of resources, the panel must proceed to the second stage.

The second stage is where the parent can argue that there is evidence to show that their child should have scored even more highly on the day - see B1 part (b):
http://www.elevenplusexams.co.uk/appeal ... ication#b1" onclick="window.open(this.href);return false;
and that there are good reasons for wanting or needing a place at the school:
http://www.elevenplusexams.co.uk/appeal ... -school#c2" onclick="window.open(this.href);return false;

[Thegirlrider]

Thanks Etienne for the useful advice. Would a freedom of information act request be useful in this situation? I’m wondering if I can find out exactly when the private children took there exam and how many gained entry? I have also discovered that our first choice school have reduced there PAN this year by 5. Does this also affect our appeal as it shows they can take a few more children without impacting the ones already in.

[Etienne]

I’m wondering if I can find out exactly when the private children took there exam and how many gained entry?

I see no reason why you shouldn't ask for information that doesn't identify individual children.

I have also discovered that our first choice school have reduced there PAN this year by 5. Does this also affect our appeal as it shows they can take a few more children

Not if they can argue convincingly why pupils are being disadvantaged by the current numbers.
It depends what reasons they put forward at appeal for the reduction in PAN.

[Thegirlrider]

Okay, would I apply to the LA for this information or to the schools?

[Etienne]

Okay, would I apply to the LA for this information or to the schools?

It depends who holds the information. I'd start with the LA if it was the LA that made all the arrangements.

[Thegirlrider]

Tried to call our local authority today to find the latest waiting list positions (have only called once before) only to be told they aren’t giving out that information anymore as it takes up too much of their time. Can they do this?