Appealing for a School Place - Reception and Year 7

• Introduction
• The Appeal Form
• The Appeal Process
• The Appeal Hearing
• The Decision Making Process
• What if I Have Any Other Questions?

Introduction

If you have been unsuccessful with your request for a place in your preferred school for your child, you can appeal to an Independent Appeals Panel (I.A.P), who will hear your reasons and make a decision whether or not to award you a place.

How can I make an appeal?

You can appeal to an Independent Appeals Panel using the appeals form which will be sent to you with your school place offer. Please return the form 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".

Alternatively, you can complete an application form on line.

Can I appeal for more than one school?

It is not necessary to complete a separate form for each school for which you are appealing. However, if your reasons for wanting one school differ from those for another school, you may wish to put them on separate sheets. Please state clearly, the name of the school, along with your reasons for wanting a place there.

Are there circumstances where I do not have the right to appeal?

You will lose your right of appeal for a school you want your child to attend if your child has been permanently excluded from two or more schools. In this case you are unable to appeal for two years after the second or any subsequent exclusion. Local Authorities can direct Community and Voluntary Controlled Schools to admit twice excluded children. However, the governing bodies of the schools can appeal to an independent appeal panel against this decision

What if my child has a Statement of Special Educational Needs?

If your child has a statement of special educational needs (SEN) your appeal must be made to the Special Educational Needs & Disability Tribunal (SENDIST). For further details please contact the named Special Needs Officer dealing with your case. You can appeal against the school named in the statement, or the fact that no school has been named.

The Appeal Form

How do I complete the form?

• Section A is already completed for you. Please check that the details are correct and amend if necessary.
• In Section B, please tick each school for which you wish to Appeal. You may add schools that you did not include on your preference list.
• In Section C you should give your reasons for wanting your child to attend this school.

What information should I provide?

Any written evidence that you wish to use to support your case should be submitted to the Appeals Panel. 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. If you have any documented evidence to support your appeal, e.g. details from professionals to support your appeal, please send a copy with your form 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", and must be submitted in good time before the hearing. Panels may ask for supporting evidence from parents on such matters as medical conditions, parents address etc. Copies will be sent to the members of The Independent Appeals Panel prior to the hearing. If the information could make a significant difference to the appeal an adjournment maybe requested.

When should I send in my appeal?

Return your appeal as soon as possible but for the Council to receive it no later than 31st March 2008 for secondary appeals and no later than 6th May 2008 for primary appeals for September 2008 admissions.

The Appeal Process

What happens next?

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. 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 7 days before the date of the appeal hearing.

Where will the hearing be held?

The hearing will be held in the Council Offices, Wellington Road, Ashton-under-Lyne. West Hill School and the New Charter Academy arrange the venue for their appeals.

When will the appeal hearing take place?

Appeals for September admissions are held from April 2008. We hope to hear all those, which were sent in on time as soon as we can so that you will know which school your child will be attending before the Induction Day. This is the day when all Tameside Community, Voluntary Aided Academy and Foundation Schools invite the Year 6 children who will be joining the school in September, to visit their new Secondary School.

Do I have to attend?

Although you do not have to attend the hearing, it is easier to explain your case if you are there in person. Most parents do take up this opportunity and we would strongly advise you to do so, as the panel may have questions they need answered in order to make an informed decision. If you do not wish to attend, your appeal will be decided on the information available to the panel, including the written information you have sent.

If you are unable to attend, you should inform Democratic Services as soon as possible on 0161 342 3562.

Who will consider my 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.

An officer from Services for Children and Young People will attend appeals for Community High Schools and Primary Schools to explain why a place was not allocated at your preferred school. For Foundation, Academy or Voluntary Aided (VA) Schools a representative from the school concerned will present the School's case. If you attend the appeal, this officer 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.

The Appeal Hearing

Can I take some one to the Appeal with me? Can a lawyer represent me?

It is a good idea to bring with you a friend or relative, to give you moral support. Bearing in mind the importance of maintaining a reasonably informal atmosphere, it should not normally be necessary for you to bring a solicitor or lawyer. The LA will not have a lawyer to present their case.

What if I have a special need or disability?

Do please let Democratic Services know (0161 342 3562) if you have any special requirements or needs, for example if you are hearing impaired or deaf and need a hearing loop or a signer.

What happens if English is not my first language and I need an interpreter?

You may have an interpreter at your appeal hearing. If you would like us to arrange this for you please tell us which language you require on the appeal form. Alternatively, if you would prefer, you may arrange your own interpreter.

You may ask a friend or adviser to speak on your behalf in addition to an interpreter.

Will I know in advance what the admission authority’s case is?

You will be sent a copy of the admissions policy and the admission authority’s statement 7 days before the appeal, unless you have agreed to a shorter period than this. The statement will summarise why it has not been possible to offer a place. Either that:

• to admit another child would "prejudice efficient education or the efficient use of resources" at the school, that is have an adverse effect upon educational provision within the school; or
• for Key Stage 1 (infants) "class size prejudice" would arise if an additional child were offered a place, meaning it would be necessary for the school to take "qualifying measures", such as an additional teacher and/or to add an extra classroom.

Democratice Services will also send you a copy of any other document being used by the admission authority as part of its case. We will send the appeal panel all documents that you and the admission authority have sent to us before the hearing takes place.

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. Any new information to be used at the hearing must be viewed and agreed by both parties.

What will happen at the hearing?

The hearing is formal and certain procedures have to be followed to make certain that everyone making an appeal is given a fair chance to present their case. However, the chair of the Panel will try and put you at ease. 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 your preferred school.
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 add anything you may have forgotten.

How long will the Appeal hearing last?

Half an hour is the average length of time for an appeal. You will be asked at the end of the appeal hearing whether you feel you have had sufficient opportunity to present your case in full.

Can I withdraw my appeal?

You can withdraw your appeal at any point up to the time of the hearing.

If you have any queries about your appeal hearing, or the letter informing you of the decision, you should contact the person named at the top of your letter.

The Decision Making Process

What must the Appeal Panel take into account in coming to its decision about my appeal?

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.

Appeal panels are required to take into account your preference or preferences of schools. They must also consider the admission arrangements published by the admission authority and how the local co-ordination scheme says the decision on what places to offer will be made if an applicant meets the rules for admission to more than one school.

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.

How likely is my appeal to be successful?

Secondary Appeals

The majority of appeals are unsuccessful.

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 ("class size prejudice"). This legislation makes it highly unlikely that your appeal will be successful if the admission of your child would exceed the infant class limit of 30 children. Hence, the Panel can only uphold your appeal if one of the following conditions apply:

1. The decision to refuse admission was a decision which a reasonable admission authority would not have made in the circumstances of your case; or
2. That your child would have been offered a place if the admission arrangements had been properly implemented.

How will I find out the outcome of the Appeal?

The Panel make their decision when all hearings for a particular school have taken place. This may take several days or weeks. Once they are completed, you will be notified by letter, within a few days.

The Clerk to the Appeal Panel should be able to say, at the hearing, when you are likely to hear the outcome of your appeal.

What if I lose the appeal?

If you lose your appeal, your child will not be able to attend the school for which you appealed. If you are a Tameside resident, the LA will already have told you at which other schools places are available. If you are not a Tameside resident, you may wish to contact your home LA, who will advise of available places. Alternatively, you may wish to discuss available places within Tameside. You are under a legal duty to ensure that your child is educated. If you have any problems finding an appropriate place, you should contact Services for Children and Young People, School Organisation Section whose numbers are at the end of this page.

Is the Appeal panel’s decision final?

Yes, the decision of the appeal panel is final and binding upon the admission authority.

Can I appeal again if my appeal is unsuccessful?

There is no further right of appeal to any officer or elected member of the Council or school governing body against the outcome of your appeal. It is not possible in law for the admissions authority or the Council to reverse the decision of an Independent Appeal Panel.

What if I have a complaint about my appeal hearing?

If you feel that your appeal hearing was not properly or fairly conducted you can complain to the Local Government Ombudsman. However, the Local Government Ombudsman will only investigate your complaint if the Ombudsman feels there may have been maladministration causing injustice to you. This is not therefore a further appeal to have your case reconsidered. Your complaint has to relate to issues such as a failure to follow correct procedures or improper behaviour, rather than just that you feel the decision is wrong.

Can I appeal to the Secretary of State for Education?

The Secretary of State cannot review decisions of individual Appeal Panels but can consider:

• whether the admission authority has correctly constituted the Appeal Panel, and
• whether the admission authority has acted reasonably in exercising its functions in respect of the appeal process.

What if I feel the decision of the Appeal Panel was wrong in law?

If anyone concerned with the appeal - you as the parent, the School Governing Body or the Local Authority - considered that the decision of the appeal panel was legally in error, they could apply for a judicial review. If a judicial review were granted, the Court would consider the lawfulness of the panel’s decision. If it found the panel’s decision to be unlawful or unreasonable (irrational or perverse legally), it could overturn the decision, or it could order the Local Education Authority to set up a fresh appeal hearing with new panel members.

Important Point: Childcare arrangements cannot be considered as special circumstances

What if I have any Other Questions?

The staff of Services for Children and Young People and of the Democratic Services Unit 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.

Services for Children and Young People Contacts:

Paula Barnett - Principal Admissions Officer 0161 342 3208
Andrea Dyson - Senior Admissions Officer 0161 342 2286
Jane Barrett - School Organisation Officer 0161 342 2285
Jill Shaw - School Organisation Officer 0161 342 3804

Democractic Services Contact:

Democract Services 0161 342 3562

Useful Addresses:

Office of the Schools Adjudicator
Vincent House, 2 Woodland Road, Darlington, DL3 7PJ

Local Government Ombudsmen
Beverley House, 17 Shipton Road, York, YO30 5FZ

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

Bolton 01204 332137
Cheshire 01601 815750
Derbyshire  01246 347472/3/4
Manchester 0161 234 7150
Oldham  0161 770 4214 
Rochdale 01706 864408
Salford 0161 778 0413
Stockport  0161 474 3203