School admission appeals

How do the appeal panel make their decision?

For all appeals, the panel considers the school’s case for why they are unable to admit your child.  They consider if the admission arrangements were lawful and were properly applied.  They also consider if the admission of additional children would prejudice the efficient education or efficient use of resources at the school. 

For infant class size appeals, the panel can only allow the appeal if the find that:

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)

For all other appeals, the panel move to stage 2.  If the panel decides there is good reason for refusing your application and admitting more children would prejudice the efficient education and efficient use of resources at the school, they begin the second stage of the appeal.  The panel will hear your case, and your reasons for appealing and why you want your child at the preferred school.  The panel then makes a ‘balancing judgement’ where they decide whether the benefits for your child going to the school you are appealing for – instead of the one you have been offered – outweigh the prejudice caused to the school and the children at the school of having one more pupil in the school.  If the panel decides your case is stronger, it will uphold your appeal and the school will be directed to admit your child.

How will I find out the result of the appeal?

You will receive the outcome of your appeal in writing.  This will be posted to you within 5 working days of the appeal panel decision. 

This decision is binding on the school.  If your appeal is upheld, they must admit your child to the school.

If you feel there has been maladministration of your appeal, you can contact the Local Government Ombudsman: https://www.lgo.org.uk

What happens if my appeal is unsuccessful?

Your child will be expected to attend the school that they have been offered.

For reception and secondary intakes in September, your child’s name will be kept on a waiting list until 31 December that year.  The local authority will co-ordinate waiting lists and you will be contacted if a place becomes available for your child. After this date, you will need to reapply through the in-year admissions process if you still wish for your child to be considered for a place at the school.

For in year admissions, parents should check the admission policy for the school concerned to find out about the waiting list.  Some schools hold termly waiting lists and other schools hold annual waiting lists. Parents may need to request to be added to the waiting list.

You cannot re-appeal for a place in the same school in the same academic year, unless there has been a significant change in your circumstances.

You may still appeal for other schools where you have been refused a place for your child.

Do I have the right to a second appeal?

You cannot re-appeal for a place in the same school in the same academic year, unless there has been a significant change in your circumstances.  

The decision to allow a second appeal for a particular year group lies with the admission authority for the school.  In the case of academies or voluntary aided schools, this is the governing body/trust board.  In the case of community schools and voluntary controlled schools, this is the local authority.

A second right of appeal may be allowed where there has been a significant or material change in circumstances since the first appeal hearing. For community and voluntary controlled schools, the local authority considers this to be in one of three circumstances:

1. where the oversubscription criteria under which the child’s application is considered has changed
2. where a child changes address and the distance to the current/allocated school would be unreasonable (using the definition of reasonable as defined at https://www.bolton.gov.uk/admissions/moving-school-year/4 )
3. where the condition, means, needs or circumstances of the child have changed, and this change materially affects the child.  In this instance, this change was not foreseen or could not have been contemplated at the time of the original appeal.

In each instance, the local authority would only consider allowing a second right of appeal if the parent had not already presented the change of circumstances to the panel as part of their case at their first appeal.