Parents' Guide to Admission Appeals

    The local authority (LA) makes every effort to offer you a place at the school you prefer. Sometimes this is not possible, usually because the school is full and the LA had to use the admission criteria to decide who is offered a place and who is refused.

    This guide is intended to give parents an understanding of their rights and how an appeal is organised.

    In addition to the guidance below, further information and advice can be found by contacting:

    The Advisory Centre for Education (ACE) Ltd.
    1c Aberdeen Studios
    22 Highbury Grove
    London
    N5 2DQ
    www.ace-ed.org/uk/ (external website)

    and/or:

    The Department for Education and Skills (external website)

    Parents' checklist of things to do when considering an appeal

    Step

    Action

    Next step

    Notes

    1

    Consider the LA offer of an alternative school if you have been refused a place at your preferred school.

    2

     

    2

    Contact the admission service to see if another offer may be made at a different school that is more acceptable to you.

    3

     

    3

    If there is no other acceptable offer write in and ask for an appeal form.

    4

     

    4

    Return the form and send any supporting materials by the date written on the form.

    5

     

    5

    Wait for the notice of the appeal hearing date.

    6

     

    6

    Attend (if you wish) the appeal hearing and speak to the panel.

    7

     

    7

    Wait for the letter giving the panel's decision.

    8 or 9

     

    8

    If your appeal is successful your child will have a place at the school.

     

    End of Appeal Process.

    9

    If you do not win your appeal, you may wish to repeat step 2 or you may wish to send your child to the school that we offered in the first offer letter.

     

    End of Appeal Process.

    The powers of appeal panels

    • Panels are set up to consider individual appeals from parents wishing to get a place at a school for their child.
    • The panel does not have the power to consider complaints or objections on wider aspects of admission policy or practice.
    • The decision of the panel is binding on the LA.
    • The decision of the panel is binding on the parent.
    • The appeal is the final stage in the admission process and there are no higher authorities or people to hear your appeal.

    Complaints about appeal hearings

    If you believe that your hearing was conducted improperly or unreasonably you may complain to the Commissioner of Local Administration (the Local Government Ombudsman).

    The Local Government Ombudsman cannot overturn the panel’s decision.

    What do you need to prepare?

    In order to appeal you need to complete and return the appeal form to the admission service by the date written on the appeal form.

    • You might like to write your reasons for appealing on the form.
    • You may give other written information to support your appeal at this stage; it can be a written statement of what you intend to say at the appeal. (It is better if the additional papers are available well before the hearing so that the panel can read them before the hearing, we need at least 10 working days before the hearing to arrange this)
    • You may wish to get independent advice.
    • You should give your reasons why you think that your child should attend your preferred school.

    How many appeals can I have?

    You can appeal once for a place in a school year group at your preferred school unless there is a substantial change to your circumstances. The LA can grant an additional appeal if they agree that your circumstances have substantially changed and they were not discussed at your first appeal.

    What happens at hearings?

    The admission service does not arrange the hearings this is done by the London Borough of Waltham Forest and they will write to you to tell you when the hearing due.

    You do not have to attend the hearing; you may like the panel to consider your appeal using the written materials only. Let the clerk to the panel know if that is what you want to happen. Only a small number of people like to have their appeal heard in their absence.

    If you are attending the hearing you may wish to bring a friend to be with you in the appeal.

    How are the appeals heard?

    • The people appealing usually wait in a waiting area until the hearings start.
    • The panel and the clerk to the panel are in the room used for the hearing.
    • The officer from the LA waits outside the hearing room and away from the parents waiting area.
    • The clerk will invite the parents and the LA officer into the room for the hearing to begin.
    • After the general introduction the LA officer gives an overall account of the application processes and why the LA does not want additional children added to the school roll.
    • There is an opportunity to ask general questions but not relating to a specific child.
    • Parents then go back to the waiting area so that the panel can hear each individual case.
    • At the end of each hearing the parents leave, the LA officer waits outside the room and the next set of parents are invited in to give their case, the LA officer also joins them.
    • At the end of the set of hearings the last parents leave and the LA officer waits outside for the next school appeal session or leaves the building if there are no more hearings. The LA does not take any part in the decision making part of the hearings.
    • The clerk remains with the panel and they consider all the hearings and make their decisions.
    • As soon as possible after the hearing the clerk writes to parents with the decision.

    What happens if I win?

    If the panel agree with you and say that your child can have a place at your preferred school then the LA must make arrangements for your child to have a place at the school.

    What happens if I do not win?

    If you do not win your appeal the offer of a school place on the most recent offer letter from the LA will still be available.

    If this school is not acceptable the admission service may be able to find another alternative.

    What happens if I refuse to send my child to any school?

    • If your child is below statutory school age then you may defer entry to school until the next term.
    • If you refuse all other offers of places you must then let the LA know how your child is to be educated.
    • You might consider a school in another LA
    • You might consider an independent school (you will be liable for all the costs)
    • You might consider ‘education arrangements made by parents’ such as tutors etc. (you will be liable for all the costs)
    • If you do not make suitable arrangements we will contact the Education Welfare Service who will visit you and you may be liable to legal action.

    Is there anything else after an appeal?

    The only way that an appeal panel’s decision can be overturned in by a decision of the courts. You would have to be successful in applying for a judicial review of the decision.

    I am planning to appeal for a Reception place at my preferred school.

    The power of appeal panels is limited in Reception appeals by the requirements of The School Standards and Framework Act 1998. This act refers to the requirement to limit class sizes to 30 pupils.



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    Access Services
    Graylaw House
    394 High Road Leyton
    London E10 6QE

     

    Tel: 0845 877 0031
    Fax: 020 8496 5077



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