Appealing for a Secondary School Transfer

Information for Parents

• Introduction
• How can I Appeal?
• Who will hear the Appeal?
• Who will be at the Appeal Hearing?
• What will happen at the Hearing?
• 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 Education Authority ensures that all possible steps to resolve problems are taken before a transfer is agreed. This will involve The Education Welfare Service and the intervention of a School Organisation Officer.

It is the practice of Tameside Council to investigate a school transfer further, when there is no house move involved. It is generally in the child's best interest to remain at the same school. Studies show that attainment dips in the majority of cases when a pupil transfers to another school. Also, many children experience difficulties settling into a new school an very often difficulties experienced in one school recur in another.

If your child is experiencing difficulties at his/her current school please try to resolve them with the school staff. A decision to move your child from one school to another should not be taken lightly and all steps to resolve any issues should be taken.

Please note: In some instances, transfer requests to certain schools can be refused by the Admissions Authority if the school falls into any of the following categories:

• under 25% pupils achieve 5 or more GCSEs at grade A-C
• the school is in or has recently left "special measures"
• the school has serious weaknesses.

Any parent whose application for their child to transfer to a particular secondary 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.

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 appeal 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 your preferred school(s)

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. 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 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 Local Authority (LA) 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 Local Authority representative may ask you questions.
6. The Appeals Panel members may ask you questions.
7. The Local Authority representative will sum up.
8. You will have the opportunity to sum up, and to add any points you failed to mention earlier.

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.

Please note: Child care arrangements will not be considered as special circumstances.

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 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 LA 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 LA.

What if I lose the Appeal?

Your child will not be able to attend the school for which you appealed. The LA 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 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.

Mrs Andrea Dyson - 0161 342 2286 Send a Message to School Admissions
School Organisation Section, Services for Children and Young People, Council Offices, Wellington Road, Ashton-under-Lyne, OL6 6DL

Mrs Nazma Islam - 0161 342 3562 Send a message to Democratic Services
Democratic Services Unit, Council Offices, Wellington Road, Ashton-under-Lyne, OL6 6DL

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
0161 342 4067