Appealing For A School Place

Appeals

If you get what appears to be a ‘No’ on any count, you have the right of appeal, stating to an appeal committee why you think little Edna should go to Grunts and not St Dumps. Like any other appeal you need to lobby like mad – the head, the governors, the doctor, the local authority, your MP, the lollipop man – whoever seems good to you.

• Think up reasons that highlight what Grunts offers rather than what St Dumps doesn't.
• The parents’ section of Directgov is a good place to bone up on appeals procedures.
• Don’t get your hopes up too high – 70 per cent of appeals fail, with successful appeals often won on technicalities.
• Some small businesses and other organisations offer help with appeals, and claim that they double your chances, though we don’t endorse any.

We answer some of your frequently asked questions but strongly recommend you seek expert up-to-the minute advice as the situation can change at short notice. 

How do I appeal?

You should find information on how to appeal in the letter you receive from your local admissions authority. If you don't you must contact them immediately as time is of the essence (and by not including this information they are potentially risking 'mal administration').

How many times can I appeal?

Just once per school. 

An appeals panel sounds daunting - is it?

It can be. The panel will typically comprise between 3 and 5 members of the public; all should be impartial and independent. They have to follow the Code of Practice and any advice from The Ombudsman. Of note:

• You should be treated fairly and allowed to have your say. Legal representation is not necessary but increasingly families are using whatever means they can to secure a place at their preferred school.
• We strongly advise that you seek assistance from an organisation or someone with experience of appeals (see below) in preparing your case. Free help and advice is available, though some parents prefer to appoint their own legal eagles.
• Sometimes the headteacher will attend - perhaps to explain the circumstances at the school - but they are not part of the panel.

Is it true that if a class has 30 pupils, no-way will any more children be admitted?

The maximum class size of 30 applies to infant classes (Reception and KS1 classes) for 5-7 year-olds. There are a few rare occasions when this limit can be exceeded: namely that the child would have been offered a place had the admissions procedure been correctly applied (ie the admissions authority has broken their own rules) ; or that the admissions rules set out by the admissions authority contravene those set out in the School Admissions Code; or the decision to refuse a place is not one which a reasonable admissions authority would have made - ie the decision is illegal or completely non-sensical.

When will I be notified of my appeal hearing date? 

You should receive a letter from the admissions authority at least 10 school days before the hearing date. Provided you are not a late applicant (or out-with the normal admissions round) your appeal for a primary school or sixth-form place must be heard within 40 days of the appeal being lodged - or before the end of the summer term if that is sooner. For secondary school places the appeal must be heard by the 6th July (or closest working day after that). 

Do I have to pass on all my information beforehand?

No. You can introduce new information on the day - though it is helpful if key information is available beforehand so panel members have time to read it and give it proper consideration. 

Should I attend the hearing?

Absolutely. Invariably parents are best placed of anyone to explain why their child should be offered a place. It isn't compulsory for you to be there, but we do believe it is in your best interests;  take a friend or relative for moral support too.

What happens at the admissions appeal hearing?

Reception, Y1 or Y2 you will only be granted your appeal in very rare circumstances (see the information above on infant class sizes). 

For all other years - The Chairman will welcome everyone;  The Clerk will then outline the procedures to be followed and what is going to happen. First, The Local Authority Officer will explain why your child was not offered a place at your preferred school. The Officer might be questioned by the panel members. You will then be asked to present your 'appeal' and the panel may then ask you questions to fully understand why you are appealing and to ensure they fully comprehend your circumstances and the case you have presented. The LA Officer will then sum-up their case - finally you will summarise your case; parents (or their representatives) always have the last word.

Group appeals - Sometimes a group appeal may be lodged.

When do I find out the outcome of my appeal?

You should hear in writing within a few days of the appeal.  

Is a state schools admissions appeal binding?

Yes in that the school and the admissions authority must adhere to the decision, unless it is later overturned by a court. 

What can I do if I think the appeals process was not carried out correctly?

 If you are unhappy with the way the appeal was carried out you can complain to your Local Government Ombudsman. They can recommend a new appeal but cannot actually overturn the appeal panel's decision.

Organisations that help with appeals

The Child Law Advice Line: currently offers a telephone help line for users to contact a legal advisor.

The Good Schools Guide Advice Service - offers (for a fee) help and advice to parents on school choice, selection and admissions. 
We are seeing a few small businesses springing up to help with appeals - ie when, for one reason or another, you have been, or may be about to be, denied a place at a state school of your choice.

School Appeals, run by the modest John Chard with fees to match. 

Services families have access to similar help, free of charge, through their own organisations.

Further reading

State School Admissions - How To Secure A Place

The Catchment Area Cheat

School Open Evenings

London Schools In The Good Schools Guide

Mix And Match State And Private Education

The Good Schools Guide Advice Service

Advisory Centre for Education (ACE)