What is an appeal?
An appeal hearing is your chance to put your side of the case to an independent panel and say why you want your child to go to the school you prefer.
Who are the panel?
There are 3 or 5 Panel members, none of whom will have any connection with the people or schools involved in the appeal, who will make the decision. A clerk will take notes. They are trained for this role and must be fair to all parties at all times.
If you cannot attend the appeal the Panel will make a decision based on your written reasons alone, therefore it is in your best interests to attend. You are the best person to tell the Panel why you want your child to go to the school and to answer or ask any questions which may arise.
You can bring a friend, a family member or adviser either to help you say what you want or simply to give you support. It is better if your child does not come with you. The services of a translator or signer will be provided for you if needed.
What will happen at the appeal?
Appeals will be as informal as possible but there is a simple order of speaking that is followed to make sure everyone gets a fair chance to state their case :-
Admission Authority’s case – sometimes presented individually, sometimes with other parents where there are a large number appealing for the same school:
> An LA officer (for Community/Controlled schools) or School Governor (for Foundation/Aided schools), as the presenting officer, will explain why your child was turned down and try to show that the rules have been followed properly.
> Sometimes the headteacher will add information about the school – its size and composition of classes or year groups. They should not raise new information.
> Questions – you may then ask the presenting officer any questions you may have. If you do not understand anything that is said, ask for it to be explained.
The Panel members will ask questions and this may prompt you to ask other questions.
Your case – no other parents in the room:
> You tell the Panel all your reasons why you want your child to go to the school. Put your case as you wish. If you forget something, ask if you can add it. If you read out your case you will not miss any points. Anyone who has come with you can then add their points if the panel agrees.
> Questions - the presenting officer may ask you questions.
>The Panel members will ask you some questions too.
The presenting officer sums up and you then have your final word.
Everyone other than the panel and the clerk then leaves the room and the panel consider their decision.
How does the panel reach a decision?
If it is not an “infant class size” appeal then there are two stages:
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Factual Stage
Has the school reached its published admissions number?
Has the presenting officer shown that it would be detrimental to the school to admit another child?
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Balancing Stage
They will consider whether the benefits for your child going
to the school outweigh the difficulties of admitting another pupil to the school.
They will need to decide which case is stronger.
If it is an “infant class size” appeal then there are limited grounds on which you can appeal as the infant class size limit is a legal one and panels rarely admit more than 30 children unless it can be shown that :-
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Your child would have been given a place at the school if the Admission Authority had not made a mistake or
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The decision to refuse your child a place was “unreasonable” in the legal sense. (The word “reasonable” has a very restricted legal meaning. For a decision to be unreasonable in this sense, it must be completely illogical or not based on the facts of the case relating to the school or the admission authority).
If my appeal is refused can I appeal again?
You may only appeal once in any academic year for a place at any of your “preferred” schools who refused your child a place unless there has been a major change at the school or if, after the appeal, your own circumstances have significantly changed e.g. you have moved house.
If you are unhappy about the decision because you believe the correct procedures were not followed then you are able to appeal to the Ombudsman to investigate. The Ombudsman cannot question the ruling the panel has made only the manner in which the appeal was conducted.
Waiting lists are kept by most schools. You should check that you are on those at your preferred schools and should any place become available then your application will be reconsidered but remember that children can move down waiting lists if others who apply meet higher criteria. If you no longer wish to be kept on a waiting list please ask to be removed.
Where can I find more information about appeals?
You can contact the Choice Advisers at ask on 08457 585072 or choiceadvice@askwiltshire.org if you require further information or advice on any of the above.
The Advisory Centre for Education (ACE) produces a practical guide for parents which covers all aspects of preparing an appeal called ‘Appealing for a School’. This is available from ACE on 0808 800 5793 or www.ace-ed.org.uk
The Department for Children, Schools and Families have published a new guide for parents on school admissions and appeals. The guide outlines the school admissions and appeals processes: what parents can expect from the admissions system, how to object to unlawful arrangements, and how to find further information and support. Copies of the guide can be downloaded below or ordered from DCSF on
