PARENTS are considering legal action to fight a ruling refusing their children places at Fynamore Primary School next September, which will split siblings in some families.

The guide to school admissions stated there would be places for 30 new children at the school in 2003-04. But the school was massively oversubscribed with 72 applications for places.

As a result parents of 15 children refused a place at the school this year, many with siblings already at the school, appealed against the LEA's decision.

Justin Oliver, 36, moved from Calne to Chippenham last year, but already had two children at the school, Luke, eight, and Sophie, five.

Mr Oliver, of Coniston Road, hoped to send his youngest child Liam, four, to Fynamore to join his siblings, but has been told his son does not have a place. "My children are happy there," said Mr Oliver. "My right as a parent is to provide the best education I can for my children and, without disrespecting other schools, I feel Fynamore School is the best for my children.

"The LEA keeps altering the goal posts. This decision is very significant for parents and in many cases they have been left very upset and some have been left in tears."

Lynn Elliott, 44, of The Knapp, in Calne, has two children in the same class at the school, Francesca, six, and Stefan, seven, who has special needs.

Mrs Elliott wants her children to stay together, but her daughter Alberta, four, has been refused a place.

She said: "I will fight against this decision tooth and nail, I'm not going to give up, even if it means I have to take her out of school for a year. I don't want my children separated."

At the appeal hearings held in the Lansdowne Hotel in April by an independent panel only one of the 15 cases was overturned.

The parents say they felt the panel had made its decision before their cases were heard and are in the process of writing a letter of complaint to the Ombudsman. They are also considering hiring a lawyer to press their cases.

Many parents refused places, who already have older children at Fynamore, say they are victims of the school's success, which resulted in the large number of applications.

Headteacher Carolyn Maddox said some parents have withdrawn their children to find other schools where their children can be together.

Last year the same number of places were available at the school, which was again oversubscribed with 38 applications. But the LEA allowed the school to offer places to all the applicants, who were organised into two reception classes.

The LEA said places at the school were awarded after each case was carefully considered against a set of six ranked criteria.

This consists of children in care; children who live within a designated area but who have siblings at the school; other children living within the designated area; medical grounds; children who live outside the designated area but who have siblings at the school; other children.

"These criteria have to be applied strictly so that the process is simple, open, transparent and most importantly fair to all of the applicants," said a spokesman for the LEA.

"We do understand that unsuccessful applicants will naturally be disappointed, but the only way to make the selection process fair is for everyone to stick to the admissions criteria."