Getting your child’s school place, whether primary or secondary, can be a very exciting time for both parents and children alike. However, it is not uncommon for some families to experience extreme disappointment and distress when the decisions are not what they were hoping for.
This guide is intended to provide families with useful information as to steps they can take to challenge a decision if their child is not allocated a place at a suitable or preferred school.
This guide is aimed at securing admission into state schools in England. It is not intended to be used for private schools or state schools outside of England. In addition, this guide is intended for children who do not have Education, Health and Care plans (EHCPs). If your child does have an EHCP and you have a dispute over the school place that can meet their needs, see our Guide to Phase Transfer appeals or get in contact with us by clicking here.
When an admissions authority allocates school places, they must also set out the parents’ right to challenge the decision if it is not one which they agree with. The reasons for disagreeing can be varied and could have changed from the point at which parents stated their original preferences.
If a parent considers that their child has been allocated a place at an inappropriate school, then they can appeal.1
Parents are likely to have a wide variety of reasons why they wish to appeal for a place in a specific school. However, in order to best understand whether your appeal is likely to be successful, it is wise to consider the relevant legal framework and the legal test that will be applied to your case.
The appeal panel deciding the case must decide whether:
A. The school’s admissions arrangements were unlawful and, if they were, would the child in question have been offered a place had they been lawful.
This can occur in various situations whereby schools have discriminatory or otherwise problematic criteria for entry and the school.2 Thankfully, it is relatively unusual but key things to remember are that admissions arrangements for all schools in England and must:
What are schools not allowed to do?
B. If the appeal panel is satisfied that the school’s arrangements are lawful, they must also then go on to consider whether they have been applied correctly to the child in question. If parents can demonstrate that the arrangements were not applied correctly and that, had they been applied properly, their child would have been allocated a place, the appeal should be successful.
C. The panel should also consider whether admitting another child at the school would prejudice the provision of efficient education or the efficient use of resources.
If the panel is satisfied that the admissions arrangements of the school are lawful and have been applied correctly then they will move to stage 2 of the appeal where the panel will be expected to balance the prejudice demonstrated by the school against the prejudice to the child if they are not allocated a space at the school in question.
This is often the most important stage of the appeal for families as it is the point at which parents present their case to panel. Parents are expected to present their case as to what prejudice or harm their child will suffer if they are not awarded a place at their chosen school. The panel must then weigh this against the prejudice to the school in having to admit another child. Whichever party is able to demonstrate the greater prejudice (otherwise known as harm) should win.
Parents should consider:
Parents should ensure that the reasons are unique to their child and backed up by evidence where possible.
The admission authority will decide the format of the appeal hearing. Hearings can be remote or ‘in person.’ Stage 1 hearings can be group hearings where all parents appealing for a place in that school attend at the same time. Stage 2 hearings are always individual and held in private.
Hearings must be carried out in a fair and transparent way.
Once a parent lodges an appeal (often on an online portal), they should be informed of the time, date, format and either the location of the appeal hearing or details for joining remotely.
Parents should usually be given at least 10 school days’ notice.
The following people usually attend an admissions hearing:
The clerk
They are responsible for all the administrative arrangements for the appeal and are legally trained.
This is the decision-making panel. There are usually 3 people on the panel. Decisions can be majority or unanimous.
They are a representative of the school (the Headteacher and/or a representative of the local authority), usually referred to as the presenting officer. They will be there to present the school’s case for why they refused your child a place at the school.
The parent is referred to as the appellant as they are the person appealing. Parents can be supported by a friend or representative if they consider this appropriate, but it is not necessary in many cases.
Parents should usually receive a written decision within 5 school days of the appeal hearing which should confirm the outcome of the appeal.
The decision is final and can only be challenged in very limited circumstances when there is evidence of a legal error. Parents who consider that their decision may contain a legal error should seek appropriate advice without delay as any delay to a further challenge can be fatal to the case.
Contact us
If you find yourself in need for advice for an admissions related query, then do not hesitate to get in contact with us via email on newclients@educationlawexperts.co.uk
Due to the high volume, need to consider paperwork and timely nature of appeals, we do not offer free advice consultations for these cases. However, we do offer advice on a fixed fee basis for £350 plus VAT (£420). Our advice includes:
If you wish to proceed then please email us details of your case and relevant paperwork. Once payment and your paperwork are received, you will be able to book in an advice session with one of our experts.
Our ability to offer this package is dependent upon availability and we reserve the right to withdraw this service should our capacity mean that we cannot offer timely advice.
Education Law Experts are passionate about fighting your corner. We provide honest, clear and affordable advice on all things related to education law.
References:
School admissions: How to apply – GOV.UK
School admission appeals code – GOV.UK
1 Note that this guide is intended for children who do not have Education, Health and Care plans (EHCPs) as stated above. If your child does have an EHCP and you have a dispute over the school place that can meet their needs, see our Guide to Phase Transfer appeals or get in contact for tailored advice on your situation.
2 ‘An Unholy Mess’: New report reveals ‘near-universal noncompliance’ with School Admissions Code among religiously selective state schools in England | Fair Admissions Campaign
London Oratory School wins admissions policy court case – BBC News
R (on the application of E) (Respondent) v Governing Body of JFS and the Admissions Appeal Panel of JFS (Appellants) and others – UK Supreme Court
3 There is other relevant legislation but the main Act are: School Standards and Framework Act 1998 Equality Act 2010: guidance – GOV.UK