Appealing for a place in an Infant Class
If your child has been refused a school place you must be told in writing why your application was unsuccessful and that you have a right to make an appeal. You can appeal even if you have accepted another school place and you can appeal for more than one school.
If your child has been refused a place in an infant class (where the majority of children will become 5, 6 or 7 during the school year), there are some things you need to bear in mind when appealing:
There is a legal limit of 30 children per qualified teacher in infant classes.
Infant class size appeals are when a school place has been refused on the grounds that the school cannot take more than the legal limit of 30 pupils in a class.
The appeal panel can only look at:
- the lawfulness of the admissions arrangements
- if a mistake was made in not offering your child a place and/or
- if it was unreasonable to refuse your application
(In law, "unreasonable" has a very narrow meaning: see our Appealing for a School booklet for more details.)
Not all appeals for infant classes are infant class size appeals. It only applies when the class has 30 children. Appeals for smaller infant classes would be treated as a normal appeal. Make sure you know what type of appeal you are making so that you can prepare properly.
If you decide to go ahead with an infant class size appeal, you should follow the instructions set out in the letter telling you that your child has been turned down. The letter may include an appeal form. If not, send a letter to the Admission Authority saying you want to appeal. ACE has a sample letter in the Appealing for a School booklet.
Set out in the letter the detrimental consequences of your child not going to your preferred school. Explain why this is unreasonable for your child.
Before the Appeal Hearing, think about what you need to say and prepare. ACE can advise you on what to include.
It is very difficult to win an infant class size appeal. You will only be successful if the panel decides that your child was turned down wrongly because the admission arrangements were unlawful of a mistake was made and your child would have been given a place if a mistake was not made and/or it was unreasonable (in the legal sense) to refuse your application.
You will be told the panels decision by letter. If you win, your child must be offered a place. If you lose, you cannot normally appeal again, unless there is a significant change in your circumstances. If you are unhappy about the way in which your appeal was carried out and you think there has been maladministration, you can complain to the Local Government Ombudsman. Again, ACE can advise you.
Finally, remember that if you have been given a place at a school that you do not want, it is always a good idea to visit the school. You may change your opinion of the school once you have spoken to staff, seen what the school does and addressed any specific concerns you may have about your child.
Contact the ACE Advice Line for more information: 0808 800 5793. Lines are busy at this time of year, so do keep trying. We're here to help!
