Appeal hearings for school admissions
You will normally be given written notice of at least 10 school days before the date of the appeal hearing.
Where and when appeals take place
Appeal hearings are held during the working day during term time only.
School appeals are currently being held remotely using Microsoft Teams. You will receive joining details from our Legal Department prior to the date set for the appeal hearing and a link will be sent to your e-mail address. Please ensure that you regularly review your e-mails after submitting your school appeal.
In the phase transfer period, some large grouped presentations may take place in person. If this is applicable to your appeal hearing, you will receive notification of the date and time from our Legal Department prior to the appeal hearing. All individual appeals will continue to be held remotely via Microsoft Teams.
Changing the date of your appeal hearing
If you know that you cannot attend an appeal on certain dates, please tell us on your appeal form. We will try to avoid these dates but this will not be possible if we are arranging a group appeal.
If you are unable to attend the appeal hearing date allocated, you should advise the council’s legal services in writing of the reason(s) as soon as possible. You must state if you wish to have the appeal hearing re-scheduled or wish it to go ahead in your absence. In exceptional circumstances your appeal may be rearranged.
You can contact the Legal Department on:
Telephone: 01582 546653
If you fail to attend or arrive late, the appeal hearing can, if the appeal panel decides, take place in your absence. In these circumstances, the appeal panel will consider and determine your appeal on the basis of the information provided on your appeal form or in any further evidence produced.
How your appeal is decided
Appeals only arise when schools are oversubscribed in a particular Year group.
Your appeal may fall under one or more of the following categories;
1. Infant class size prejudice (reception and key stage 1 appeals)
This process relates to children in Reception Year and Year 1 and 2 only (5 to 7 year olds).
The School Standards and Framework Act 1998 provides that local education authorities and governing bodies of schools must comply with limits on class sizes.
Under the law the statutory limits are in force for infant classes and since September 2001, no key stage 1 class (yr r, 1 and 2 infant class) may contain more than 30 pupils with a single qualified teacher. Class size prejudice arises when the admission of a 31st child would require the employment of a further teacher and/or the establishment of another class.
Where the council has refused admission on the grounds that class size prejudice would occur, an appeal panel can only allow an appeal in the two circumstances listed below.
1) The decision to refuse admission was not one which a reasonable admission authority would make in the circumstances of the case.
A reasonable decision is one which a sensible admission authority would make taking in to account factors such as the admission policy for the school, the internal operation of the school and the school’s ability to accommodate pupils and meet the class size limit of 30.
Or
2) Your child would have been offered a place if the admission arrangements had been properly implemented.
The appeal panel will consider whether the admission authority carried out the admission arrangements properly or if the rules were broken. If your child would have been given a place if the rules had been applied properly then an appeal must be allowed.
In all other circumstances the Appeal Panel have to dismiss the appeal.
To prepare for an infant class appeal, you should consider the grounds on which your appeal is based showing evidence as to which of the two conditions applies. You may talk about personal factors but the appeal panel cannot allow an appeal unless they are relevant to either of the two conditions.
2. Key stage 2 to 4 appeals (year 3 and above)
There are two stages to be considered by the appeal panel for key stage 2 to 4 appeals;
A) Factual stage – The appeal panel, having heard evidence from the admission authority must be satisfied that the year group in the preferred school is full and that to admit a further pupil would prejudice the efficient use of education or use of resources in that school. If the appeal panel is not satisfied that prejudice has been caused then the appeal can be allowed at this stage. However, there is no automatic presumption, especially in the instance of multiple appeals where admitting the number of appellants could subsequently seriously prejudice the education and resources of the school.
If the appeal panel agrees that admitting another pupil would cause prejudice it then moves on to the second stage.
B) Balancing stage - If the appeal panel is satisfied that prejudice would arise, it will then consider the case you have presented. Consideration will be given as to whether the reasons which you have given in support of your application demonstrate that the prejudice to your child in not attending the school outweighs the prejudice to the school of accepting a further child. If the appeal panel considers that the reasons do outweigh the prejudice to the school, it may allow the appeal. In order to make a decision the appeal panel will consider all of the relevant evidence submitted by both you and the admissions authority.
Refer to 4) above to check the current timetable for appeals.
If multiple appeals are received for one school, the first stage detailed above ‘Factual Stage’may take place as a group hearing. Even if the school cannot demonstrate prejudice the appeals then progress to the second stage, individual appeals detailing your specific reasons for appealing the decision to refuse your child a school place will then be heard and considered at a separate time afterwards (this may be on a different date to the grouped appeals).
Attending the hearing
You are strongly advised to attend the appeal hearing to explain your case and answer questions.
You may bring a friend or family member with you who may speak on your behalf. You may have legal representation but appellants do not usually find this necessary. If you are bringing someone else with you please let us know on your appeal form. If you bring a several people with you to the hearing, the appeal panel may ask them to wait outside.
Avoid bringing your children to the appeal hearing as childcare facilities are not available.
If English is not your first language
You will need an interpreter, notify us. You should detail on the appeal form which language and dialect you require.
You may ask a friend or adviser to speak on your behalf in addition to the interpreter.
To ensure that all parties are able to communicate accurately and effectively the appeal panel does not allow friends or family members to interpret for appellants. A professional interpreter can be provided at your request. Such requests must be made in advance of the hearing.
If the appeal panel does not feel all parties can communicate effectively and you have not requested an interpreter your appeal may be adjourned to a later date until one can be arranged.