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Appealing for a Secondary School

Appealing for a Secondary School

Information for Parents


Introduction

Any parent whose application for their child to be admitted to a particular secondary school is unsuccessful, has the right to appeal to an Independent Appeals Panel. This page tells you how to appeal if your preferred school is a Community school in Tameside.

How can I appeal?

For Tameside Residents

If it has not been possible to offer you a place at your preferred school you will be offered an alternative.

For Non-Tameside Residents

If it has not been possible to offer you a place at your preferred school you may wish to discuss availability at other Tameside schools. Alternatively you should contact your home Local Authority who are required to offer you a place.

If, however, you wish to appeal against the decision, you should complete an appeals form. The form will be submitted to Democratic Services and subsequently sent to each member of the Independent Appeals Panel prior to the hearing.

You may submit appeals for more than one school. Each appeal will be considered separately.

Should I complete a separate form for each school appeal?

It is not necessary to complete separate forms for each, but if your reasons for wanting one school are different 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.

What information should I provide?

If you have any evidence to support your appeal, please send a copy with your form to:

Postal Address 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".

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 7 days before the date of the appeal hearing.

Who will hear the appeal?

The Independent Appeals Panel will normally be made up of three or five members. It will include people who have experience of education, and one independent lay member who has no experience of education management. Neither Councillors or 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 to explain why a place was not allocated at the school of your choice. 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.

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 everyone making an appeal is given a fair chance to present their reasons for wanting a particular school.

The following is a summary of what usually happens after introduction:

  • The School's Admission Authority representative will explain why your child was not given a place at the school of your choice.
  • You may ask questions
  • The Appeals Panel members may ask questions
  • You tell the Panel your reasons for wanting a place at your preferred school
  • The Admission Authority representative may ask you questions
  • The Appeals Panel members may ask you questions
  • The Admission Authority representative will sum up
  • You will have the opportunity to sum up and add anything you may have forgotten.

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 that 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.

Decision making process

The Appeals Panel will not make decisions on the appeals until all the appeals for a school have been considered. In the event of there being many appeals for a school 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 in writing 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 reasons if you are there in person. If you do not wish to attend, the Panel will consider your written appeal based on 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.

Can I be represented by a lawyer?

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

Is the decision of the appeal 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. If you are a Tameside resident, the Local Authority 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 Local Authority, 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 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:

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

Postal Address 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
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Contact by post

School Organisation Section
Tameside MBC
Council Offices
Wellington Road
Ashton under Lyne
Lancs
OL6 6DL

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Contact by Telephone
0161 342 3208/3214
Contact by Fax
0161 342 4067
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Page last updated: 26 September 2007