The right to appeal

Is there a right of appeal for all year groups?

You can appeal against the decision not to offer your child a place, in any year group, in a school of your choice.

However, you should be aware of limits on infant class sizes (reception class, year one and year two).  This means that no more than 30 pupils can be taught by one teacher.

As a result, there are restrictions placed on the circumstances in which an independent appeal panel can grant an appeal for admission of a child to an infant class at school.

Appeals against refusal to admit a pupil on the grounds of infant class size legislation can only be granted in the following circumstances:

  1. That the admission of an additional child would not breach infant class size limits.
  2. That the decision to refuse admission was not one which a reasonable local authority would make in the circumstance of the case. The panel will need to be satisfied that the decision to refuse admission was ‘perverse in the light of the admission arrangements’, i.e., it was ‘beyond the range of responses open to a reasonable decision maker’ or ‘a decision which is so outrageous in its logic or of accepted moral standards that no sensible person who had applied his mind to the question could have arrived at it’.
  3. That the child would have been offered a place if the admission arrangements had been properly implemented.
  4. That the child would have been offered a place if the arrangements had not been contrary to mandatory provisions on the School Admissions Code (2021) and the School Standards and Framework Act (1998)

You may wish to consider this information carefully when submitting an appeal for an infant class.

Can I appeal for a place in a school sixth form?

Appeals for sixth form places in schools and academies can be lodged by the young person and/or the parent/carer, but where they are made separately the appeals must be heard together.