School Appeals: An Overview

What is involved, and how are decisions reached?

Nationally, around 1/3 of all appeals are successful - that's the good news! The whole process can feel frustrating, complex and overwhelming.

This is a very basic overview to try and explain how the process works - there may be minor differences in the way the process is administered and even how appeals are dealt with, but the basic principles are set out in law.

Admissions & Appeals

  • The law that governs appeals is set out in the School Standards and Framework Act 1998 and is regulated by the School Admission Code and the School Admission Appeals Code. These are critical documents. You should also have been supplied notes from the School or Authority about the process. It is important that you read these carefully.
  • Everyone has a right to express a preference (which is radically different from having a choice) about which school their child attends.
  • Every maintained school, which is basically every state school, has to have clear admission criteria that they apply fairly. This includes Academies, Faith Schools, Foundation Schools and Grammar Schools. If there is an element of selection in the process, this must be applied on a fair, objective and measurable basis. National Offer day takes place on 1st March for all secondary school places.
  • Every place that has been refused can give rise to an appeal if the parent wishes. There is a deadline to notify that you wish to appeal, which you should comply with.
  • You then need to prepare and submit your statement and grounds for appeal. Every School and Education Authority sets a deadline for this.

Preparing Your Appeal

You can submit information after the deadline, right up to the day of the appeal if necessary, and it can not be refused. The law is clear and if they refuse to accept information, you have an immediate right of complaint to the ombudsman or secretary of state for education.

Do not be rushed into preparing a second rate appeal due to lack of time.

Of course, submitting information in a timely manner is good practice. If you submit too much too late in the day the panel may feel they have not had sufficient time to consider your appeal and may, as a result, adjourn your hearing.

Appeal Panels are independent of the School and Local Authority (LA). They are only entitled to decide to allow or refuse an appeal. They have no other powers at all.

How does the panel decide?

The test applied to appeals which are not Infant Class Size appeals is in two stages.

  • Stage 1 - the School or LA have to demonstrate that to admit an additional child, or children, who are the subject of the appeal, would prejudice the efficient use of educational resources.

    Essentially, they need to asses: what is the impact on the school, and in some cases the neighbouring schools, of this appeal being allowed? The school will present a case based on teaching group sizes, physical limitations of the school site, lack of resources and many other issues.

    If the panel don't accept the argument then all appeals are allowed. However in the majority of cases the panel will accept the arguments on the basis of prejudice and overcrowding.
  • Stage 2 - The panel has to weigh up the risk of prejudice to the education of the children at the school against the reasons why a child is seeking a place at this school.

    The panel will look at a child's individual circumstances to see if a place should be made available despite the school being "full". Ideally, good evidence in support of the appeal should be provided to the panel beforehand.

You can only have one appeal for each academic year. The decision of the panel is binding on the school, the LA and your child.

What if I lose?

There is no right of appeal from a panel decision. To obtain a second appeal there has to be either a change in your circumstances, or there has to have been fault in the way the panel was convened or how the decision was made. Complaint can be made to the Local Government Ombudsman or Secretary of State for Education. You can also take legal advice about Judicial Review, but this is very expensive unless you can obtain the benefit of Legal Aid.

For more information see the other pages of this website or you can buy our guide to the Appeals Process on the shop pages.

Call us on 07931 546029 or email us for expert advice