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 rather than the school you have been offered.
You must be allowed at least 10 school days from the date of the letter telling you that your child has not been offered a place, to submit your written appeal to the admission authority. You will be informed in writing of the date of your appeal hearing. You should prepare your case to present at the appeal carefully but you do not have to submit this in advance of the hearing.
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. The panel members and clerk are trained for their roles and must be fair to all parties at all times.
Why should I attend the appeal?
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.
Do I attend alone?
No, you can bring a partner, family member, a friend or adviser (who could be a Choice Adviser, a locally elected politician, or an employee of the local authority such as an educational social worker, SEN adviser or learning mentor, provided that this will not lead to a conflict of interest). They can either to help you say what you want or simply be there 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 certainly ask questions and this may prompt you to ask other questions.
Your case – is always made with 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:
1. Factual Stage
Has the school reached its published admissions number?
Has the school reached its capacity?
Has the presenting officer shown that it would be detrimental to the school to admit another child?
If the panel feel the presenting officer hasn't shown that the school is full your appeal will be allowed at this first stage.
2. Balancing Stage
The appeal panel will consider what you have said and whether the benefits for your child going to the school outweigh the difficulties of admitting another pupil to the school. The panel will need to decide which case on balance is stronger.
If the panel feel on balance that your case outweighs the school's case then your appeal will be allowed at this second stage.
If it is an “infant class size” appeal there are more 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, irrational or perverse).
When will I hear the outcome of the appeal?
The clerk to the panel will write to you formally within five working days, where possible, telling you of the decision and the reasons for it. (They may ring you after the decision has been made). If your appeal is upheld your child must be offered a place at the school. If the appeal is dismissed you will have to send your child to an alternative school.
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 at the hearing then you are able to appeal to the Ombudsman to investigate. The Ombudsman cannot change the ruling the panel has made and can only question the way in which the appeal was conducted. The Ombudsman will consider if the panel looked at all the evidence available to it and may ask for you to be given a fresh appeal.
Waiting lists are kept for all schools. You should check that you are on the list/s at your preferred school/s 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, or you'd like to remain on it beyond the first term, you should notify the admission authority.
Where can I find more information about preparing my appeal?
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 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 0845 6022260.
