School place appeals

It’s that time of year again when children will be finding out where they will embark on the next stage of their education.

Appeals for infant classes

In reception, year 1 and year 2, the class size is limited to 30. Your application can be turned down if all the classes already have 30 children.

You can still appeal if your child would have been offered a place. Your appeal could be successful if:

  • the admission arrangements haven’t been properly followed
  • the admission criteria aren’t legal according to the school admissions appeal code
  • the decision to refuse your child a place wasn’t reasonable

When the hearing will be

The ‘admission authority’ for the school (usually the school itself or the council) must give you at least 10 school days’ notice of the hearing.

Appeals must be heard within 40 school days of the deadline for making an appeal.

What happens at the appeal hearing

There’s a panel of 3 people at the appeal hearing. The panel must be independent.

  1. The admission authority will explain why they turned down your application.
  2. You’ll be able to give your own reasons why your child should be admitted.
  3. The appeals panel must decide if the school’s admission criteria were properly followed and are legal according to the school admissions appeals code.
  4. If the criteria are legal and were properly followed, the panel must decide if they were followed fairly and thoroughly.
  5. If the criteria weren’t properly followed or are illegal, your appeal must be upheld.
  6. If your appeal has not already been upheld, the panel will decide if your reasons for your child to be admitted outweigh the school’s reasons for not admitting another child.
  7. The panel will send you and the admission authority their decision within 5 school days.

A panel’s decision can only be overturned by a court. If there’s a change in your circumstances which could affect the decision, you may be able to appeal again.

If you need to contest a decision, Vanguard Law Solicitors we can offer you expert legal aid. We will work alongside you to advise you on the best form of legal action and guide you throughout the process. For your free initial consultation get in touch today on 01282 792577.