Admission Appeals
School admission appeals are available to any parent who has been refused a place
at one of their preferred schools. This applies to primary schools, secondary schools
and maintained grammar schools, although different rules apply to sixth forms and
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The admissions authority (usually the local authority, sometimes the school governors) must admit a child and comply with parental preference unless doing so would prejudice the efficient use of resources or effective teaching of other children at the school. The school should set its admissions limit at the level beyond which prejudice would arise. If the year group is below the limit, the child ranking highest under the admissions policy must be admitted. If the year is full, the place will be refused. The school will not override the limit, even if they would like to admit another child.
However, if the parent appeals, an independent appeal panel can override the limit. The panel can allow the appeal if it thinks that the school’s arguments in support of the limit are not good enough, or because the parent’s arguments are stronger, or because the place was refused in error. For grammar school appeals, the panel can look at evidence of the pupil’s academic ability. For infant class size appeals, the panel can only allow the appeal if a child was deprived of a place by an error or if the decision to refuse was one that no reasonable authority could have reached.
The appeal panel consists of three independent members, whose decision is final. There is no appeal to a higher tribunal, except by judicial review in the High Court if the appeal panel’s decision was unlawful, procedurally flawed or irrational. The Local Government Ombudsman can also investigate possible maladministration.
Only one admission appeal can be brought in any academic year, unless there has been a material change in circumstances. Although there is no legal deadline for parents to lodge appeals, it should be done as soon as possible. Appeals lodged after the authority’s cut off date may not be heard at the same time as other appeals, so the school may be even more full by the time the appeal is heard.
The School Admissions Code and School Admission Appeals Code are available to download for free (large files).
Exclusion Appeals
For guidance and useful links on school exclusion appeals, visit the Appeals Guide website
Special Educational Needs Tribunal Appeals (SENDIST)
For guidance and useful links on SEN appeals, visit the Appeals Guide website
For advice or representation at your hearing
Contact Ian Jones (email preferred):
legal@school-appeal.org.uk
Tel: 07771 961 962 Fax: 0116 312 0180
Advice can be provided urgently if required, but please note that Ian Jones does not provide a free legal advice service and will require a signed contract and payment before undertaking any work. Payment accepted by bank transfer, credit/debit card via Paypal, or by cheque.
Some other websites that you may find useful:
The Appeals Guide
Department for Education
Tribunals Service
Advisory Centre for Education
Local Government Ombudsman
BBC Education News
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