Appealing for a School Place - Guidance for Parents

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

• Submitting Your Appeal
• The Appeal Hearing
• The Decision Making Process
• Where to Send the Application Form
• What if I Have any Other Queries?

Submitting Your Appeal

How can I appeal?

Complete the appeal form and return it, with any supporting evidence, by the date on your letter, to the address on your letter.

Alternatively, you can complete an application form on line.

Can I appeal for more than one school? 

Yes. It is not necessary to complete a separate form for each school you wish to appeal for. However, if your reasons are different for each school, you may wish to put them on different sheets. Please state clearly the name of the school and your reasons for appealing for a place there.

What if my child has a statement of Special Educational Needs (SEN)?

If your child has a statement of SEN your appeal must be made to the Special Educational Needs & Disability Tribunal (SENDIST). For further information, please contact the named officer dealing with your child’s case. You can appeal against the school named in the statement, or the fact that no school has been named. You may also wish to contact The Parent Partnership Service (view telephone numbers)

What information should I provide for my appeal?

Any written evidence that you wish to use to support your case should be submitted to the appeal panel in good time for the hearing. It is important that you tell the Appeal 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. medical evidence or evidence of a house move, please send a copy with your form.

Can I get advice on preparing my appeal?

If you would like help in preparing your appeal, you may wish to contact the Choice Advice Service (view telephone numbers).

What happens next?

The date of your appeal will be arranged by an officer of the Democratic Services Unit, who will give you at least 10 school days notice in writing of the date of your appeal. You will be sent a copy of the admission authority’s statement, together with your appeal statement and any other papers, 7 working 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 based on the fact that to admit another child would “prejudice efficient education or the efficient use of resources” at the school, that is, have an adverse effect on the educational provision within the school.

The Appeal Hearing

Who will consider my appeal and what do they do? 

The appeal panel will normally be made up of 3 members. It will include at least one person who has experience of education and at least one lay member who has no experience of education provision or management. Neither councillors nor governors or staff of the school(s) concerned will be on the panel.

Who else will be at the appeal hearing?

As well as the panel members, a clerk will take notes of the meeting and offer advice to the panel on points of law and procedural matters. The clerk will take no part in the decision-making process. A representative of the school’s admission authority will attend to explain why a place was not allocated to your child, and why more pupils should not be admitted. If you attend the appeal, this person will only be present with the appeal panel when you are present.

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 for you to help them make an informed decision. If you do not attend, the 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.

Can I take someone to the appeal hearing with me?

Yes you may bring a friend, a relative or a representative. This could be a local councillor, an employee of the local education authority such as an Education Welfare Officer, or a Choice Adviser, provided there is no conflict of interest.

What if I have a special need or a disability?

Please let Democratic Services know as soon as possible if you have any special requirements or needs, for example if you are hearing impaired and need a hearing loop or signer.

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

If you will need an interpreter at your appeal, please tell Democratic Services which language you require on the appeal form. Alternatively, you may arrange your own interpreter.

What will happen at the hearing?

Certain procedures have to be followed at the hearing to make sure that everyone making an appeal is given a fair chance to present their case. If there is a small number of appeals, the following is a summary of the format of the meeting:

• The school’s admission authority representative explains why your child was not offered a place
• Everyone has the chance to ask the admission authority representative questions
• You explain why you feel that your child should be offered a place at the school
• Everyone has the chance to ask you questions
• The admission authority representative sums up
• You sum up and add anything you may have forgotten

For large numbers of appeals for a particular school, one meeting will be held for all parents at which the admission authority will explain the reasons why no further children can be admitted without causing prejudice. Panel members and parents will then be able to ask questions about the case presented. No questions or statements about individual cases will be accepted at this meeting. The panel will then decide whether the school has proved that ‘prejudice’ would arise if all the children were admitted. If so, the panel will go on to consider each case and you will also be asked to attend an individual appointment where:

• You explain why you feel that your children should be offered a place at the school
• Everyone has the chance to ask you questions
• You sum up and add anything you may have forgotten
  

The decision making process

What must the appeal panel take into account? 

For secondary school, Key Stage 2 (Years 3 to 6) and some Key Stage 1 appeals the appeal panel is required to make a 2 part decision:

1. Whether the admission arrangements did not contravene the legislation relating to School Admissions and were properly applied, and whether the admission of additional children to the school would prejudice the provision of efficient education or the efficient use of resources, and if this is proved

2. whether your case outweighs this prejudice

For Key Stage 1 (Reception to Year 2) appeals in primary schools the panel can uphold the appeal in limited circumstances. The law states that, subject to certain limited exceptions, infant classes of 5, 6, or 7 year olds may not contain more than 30 children with one qualified teacher (“class size prejudice”). If the admission of your child would mean that the class would exceed the legal limit of 30 children, the panel can uphold your appeal only if one or more of the following conditions apply:

1. Your child would have been offered a place if the admission arrangements had been properly implemented;

2. Your child would have been offered a place if the arrangements had not been contrary to mandatory provisions in the School Admissions Code and the SSFA 1998; and/or

3. The decision was not one which a reasonable admission authority would have made in the circumstances of the case. Unreasonable in relation to this condition is defined as irrational - a decision which no reasonable admission authority which is properly aware of its duties would make.

The infant class size limit is a strict and legal one and panels rarely admit more than 30 children.

Are school places held back for appeals?

No. Admission authorities are not legally allowed to do this.

Can I withdraw my appeal?

Yes you can withdraw your appeal at any time up to the time of the hearing. Please let Democratic Services know as soon as possible if you decide to withdraw.

If you have any queries about your appeal, or the letter informing you of the decision, you should contact Democratic Services.

How will I find out the outcome of my appeal?

The panel will not make any decisions on the appeals until all the appeals for a particular school have been heard. This may take several days. You will be notified in writing of the decision on your appeal, generally within a few working days of the completion of appeals for the particular school. The clerk will be able to tell you when the decision letter will be sent.

What if I lose the appeal?

If you lose your appeal a place will not be offered to your child. If you are a Tameside resident you can contact School Admissions to discuss availability of places in other schools. You are under a legal duty to ensure that your child is educated.

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?

You can only appeal again within the same school year if the admission authority agrees that there is a significant change of circumstances or there were faults in the first appeal which significantly affected the outcome.

What if I have a complaint about my appeal?

If you feel that your appeal hearing was not fairly conducted, you can complain to the Local Government Ombudsman, who will not look at whether the panel’s decision was right or wrong, but whether procedure was followed correctly. For academies complaints should be sent to the Secretary of State.

Can I appeal to the Secretary of State for Education?

The Secretary of State for Education 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 admission authority – considered that the decision of the appeal panel was legally in error, they 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 authority to set up a fresh appeal hearing with new panel members.

The staff of Democratic Services will be pleased to answer any questions about your appeal.

Where to Send the Application Form

Please return your completed appeal form clearly marked SCHOOL APPEAL to:

School Admissions
Council Offices
Wellington Road
Ashton Under Lyne
Tameside
OL6 6DL

What if I have any other queries?

The School Admission Team

0161 342 3214

0161 342 3804

0161 342 3208

0161 342 2285

0161 342 2286

Democratic Services

0161 342 3050

0161 342 2798

 0161 342 3562

Parent Partnership Service

0161 342 3383

Choice Advice Service

0161 342 4422

The Local Government

Ombudsman
P.O Box 4771
Coventry
CV4 0EH
tel: 0300 061 0614 / 0845 602 1983
fax: 024 7682 0001

All information correct at time of print - January 2010