Appealing for a Primary School

Information for Parents

• Introduction
• Key Stage 1 Transfers
• How can I appeal?
• Who will hear the appeal?
• Who will be at the appeal hearing?
• What will happen at the hearing?
• Primary Appeals
• How can I prepare for the hearing?
• Decision making process
• Do I have to attend the hearing?
• What if I am unable to attend?
• Can I be represented by a lawyer?
• Is the decision of the Appeals Panel final?
• What if I lose the appeal?
• What if I have any other questions?

Introduction

Transferring a child to another school for reasons other than a house move is not recommended. The Local Authority ensures that all possible steps are taken to resolve problems before a transfer is agreed. This will involve the Education Welfare Service and the Intervention of a School Organisation Officer.

Any parent whose application for their child to transfer to a particular primary school is unsuccessful, has the right to appeal to an Independent Appeals Panel. This webpage tells you how to appeal if your preferred school is a Community or Voluntary Controlled school in Tameside.

Key Stage 1 Transfers

Under new arrangements introduced by the Government for admissions to Infant Reception, Years 1 and 2 classes, the powers of the Appeals Panel are limited. An appeal for transfer to these classes can only be upheld where there are 30 children in the class, if there has been an error in the admission process or if the Local Authority (LA) has acted in an unreasonable way.

How can I appeal?

If your request for a place at a particular school has been turned down, you will be offered an alternative. If, however, you wish to appeal against the decision you must complete an appeals form and send it to the Executive Director of Services for Children and Young People. The form should be completed in black ink or typed, as a copy will be sent to each member of the Independent Appeals Panel before the hearing.You may submit separate appeals for more than one school. Each appeal will be considered separately.

You may submit documents to the Appeals panel. Any written evidence which you wish to use to support your case should be submitted to Services for Children and Young People, School Organisation Section, Council Offices, Wellington Road, Ashton-under-Lyne, OL6 6DL. The envelope should be clearly marked "Appeal". It is important that you tell the Independent Appeals panel all the reasons why you want your child to attend the school(s) of your preference.

The date of the hearing will be arranged by an officer of the Democratic Services Unit who will give you at least 14 days notice in writing of the date and time of the appeal which will be held at the Council Offices, Ashton-under-Lyne.

The Executive Director of Services for Children and Young People will send you a copy of a statement of the reasons for the refusal of a place at your preferred school, together with your letter of appeal and other papers, at least seven days before the date of the appeal hearing.

Who will hear the appeal?

The Independent Appeals Panel will normally be made up of three members. It will include people who have experience of education, and one independent lay member who has no experience of education management. Neither Councillors nor Governors of the Schools concerned will be involved in the appeal.

Who will be at the appeal hearing?

As well as the Panel members, an officer from the Democratic Services Unit will clerk the meeting and be present to take notes of the meeting and offer advice to the Panel on points of law and procedural matters. This officer will take no part in the decision-making process. A representative of the Schools Admission Authority will attend to explain why a place was not allocated at the school of your choice. If you attend the appeal, this representative will only be present with the Appeal Panel when you are present. You may wish to take a friend with you to the appeal to give you moral support or represent you.

What will happen at the hearing?

The hearing will be as informal as possible and the chair of the Panel will try and put you at ease. However, certain formal procedures have to be followed to make certain that everyone making an appeal is given a fair chance to present their case. The following is a summary of what usually happens after introductions:

1. The School's Admission Authority representative will present their case, explaining why your child was not given a place at the school of your choice.
2. You may ask questions.
3. The Appeals Panel members may ask questions.
4. You present your case, explaining why you feel that your child should be given a place at your preferred school.
5. The Admission Authority representative may ask you questions.
6. The Appeals Panel members may ask you questions.
7. The Admission Authority representative will sum up.
8. You will have the opportunity to sum up, and to add anything you may have forgotten earlier.

Primary Appeals

The Appeals Panel will be required to satisfy itself that the pupil/teacher ratio in the Key Stage 1 class that is being appealed for, is 30 children to 1 qualified teacher. If the Panel is satisfied as to the pupil/teacher ratio, it can only uphold your appeal if one of the following conditions apply:

1. That the decision not to admit your child was not one which a reasonable admission authority would make in the circumstances of your case; or
2. That your child would have been offered a place at your preferred school if the admission arrangements had been properly implemented.

How can I prepare for the hearing?

You may like to make a brief note of what you would like to say to the Appeals Panel and also to write down any questions you might wish to ask. This will make sure you do not forget any points you wish to make at the hearing. Child care arrangements will not be considered as special circumstances.

Decision making process

The Appeals Panel will not make any decisions on the appeals until all the appeals for a school have been considered. In the event of there being many appeals for schools this may take several days. Only the Appeals Panel will make decisions on the appeals.

The Appeals Panel is required to make a two part decision:

1. Whether the admission of additional children to a school would prejudice the provision of efficient education or the efficient use of resources.
2. If this is proved, whether your case outweighs this prejudice.

You will be notified of the Panel's decision as soon as possible.

Do I have to attend the hearing?

Although you do not have to attend the hearing, it is easier to explain your case if you are there in person. If you do not wish to attend, the Panel will consider your written appeal on the basis of the evidence available at the time of the hearing.

What if I am unable to attend?

You should contact the Democratic Services Unit as soon as possible, on 0161 342 3562.

Can I be represented by a lawyer?

Yes, if you wish, but this is not necessary. The School's Admission Authority representative will not have a lawyer to present their case.

Is the decision of the appeals panel final?

Yes. The decision is binding on both you and the school.

What if I lose the appeal?

Your child will not be able to attend the school for which you appealed. The Local Authority will already have told you at which other schools places are available. You are under a legal duty to ensure that your child attends school. If you have any problems finding an appropriate place you should contact the Services for Children and Young People, School Organisation Section whose number is at the end of this page.

If you feel that your case has been dealt with unfairly and unreasonably, or if you feel that the Local Authority have not fulfilled their legal duties you may complain to:

The Local Ombudsman
Beverley House, Shipton Road, York, YO3 6FZ

OR

The Secretary of State
Department for Education and Skills, Sanctuary Buildings, Great Smith Street, Westminster, London, SW1P 3BT

What if I have any other questions?

The staff of Services for Children and Young People will be pleased to answer any questions you may have about an appeal. Please feel free to contact them; they will do all that they can to help you.

Contact Information
Send us a Message	School Organisation Section Tameside MBC Council Offices Wellington Road Ashton under Lyne Lancs OL6 6DL View local map
0161 342 3208/3214
0161 342 4067
Appeal Form