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School admissions appeal - equality act????

Hi all, just wondering if anyone has any advice/experience in appealing a school admissions place. I applied for a place for my daughter at the nearest primary school to our home (not our catchment school but 2 mins from our house) as this would make day to day life easier and help manage my ms. I applied under the criteria of exceptional medical circumstances. Our application was refused and we have been given a place at our catchment school. I am going to appeal the decision and just wondered if anyone had any advice of experience? Does anyone know if the equality act would be relevant?? Eg would it apply as my ability to get my daughter to school would affect her ability to get an education??? Anyone else been successful in getting a nearer school due to your ms?? Any thoughts/advice would be great. Thanks Elaine

hi elaine

get legal advice and a letter from him or her.

it shows a lack of compassion on the school’s part!

Potential trouble for the school Acceptance policy. The school has not even considered the Disability Act. They may argue that your daughter is not disabled and thus not affected. But in fact she will be because of her young age and your own MS.

The s books decision means you will have to go to great effort, beyond reasonable, and will affect your ability to take and collect your little one to school. Two journeys each day can wear you out to exhaustion, which will affect your child’s attendance. Your M.S professionals can help by writing a letter to support you.

If the school suggests a child minder or someone else does the journeys, then explain “in this day & age” you prefer to escort your young child’s to & from a school. This can only be achieved if your little one attends the nearest school, nothing to do with catchment areas.

Plus, you could ‘say you intend’ to move to the area, have an interest in a property, but your own place needs to be 'done up before you can leave it.

Believe me, I know of several parents who have managed to obtain a place in a min catchment area. None of the preferred schools objected so no need to appeal.

Carole is definitely correct to suggest legal advice. Many solicitors offer a free half hour consultation. I have no idea of an appeal process, but there’s bound to be info on the internet.

Good luck, let us know how you get on.

Chrissie

Thanks for your comments chrissie and carole. I included supporting letters from my consultant the gp and health visitor in my original application. From my brief googling my understanding of the equality act is that it protects family members too by association, ie they can not be unfairly treated because of their association me but i may well be wrong, as you suggest i think some legal advice would be useful. Im really upset that they have turned down our request, its nothing to do with the school as our catchment school has a great reputation its purely about distance and how that impacts on me and family life. Another avenue i might try is to contact my mp, though im doubtful id get a response in time for an appeal!!

Remember it’s not over even if you lose the appeal, a few years ago we lost an appeal for a secondary school place for our daughter and I went straight to the ombudsman , they overturned the councils decision. Apparently if they feel that the appeals process was not fairly done and they didn’t handle it appropriately they can overturn the decision.

The school usually do not manage the admissions process. The LA are in charge here.

Thanks for this, i didnt realise there was an ombudsman for this. Fingers crossed it doesnt get to that stage but its good to know theres that option.