Appealing for a school: A practical guide to Parents’ legal rights
This information applies to any admissions decisions made on or after the 2nd March 2009.
Please download Appealing For A School ( PDF 2.9MB).
Legal Terms and Education Jargon
- must means the law says that this has to happen.
- should means the Government has said they expect this to happen (published in guidance or codes)
Other things you should know
If your child has a statement of special educational needs this appeals procedure does not apply.
The Local Authority (LA) deals with the administration of a local council. The education department may be part of the LA’s children’s services authority or trust. Its admissions section is responsible for co-ordinating school admissions in the area. In England they have a legal duty to provide advice and help to parents choosing and applying for a school. They may employ Choice Advisers to do this. The governing body, with the headteacher, has overall responsibility for the school. The governors work for the school unpaid.
The admission authority is the official body which decides the rules on how children will get a place at the school and who is offered a place. Different types of school have different admission authorities. Community and voluntary controlled schools - the local authority is the admission authority. Voluntary aided, foundation and trust schools, academies and city technology colleges - the governing body is the admission authority.
Appeals
The appeal panel is a group of 3 or 5 people who decide whether a child who has already been refused a place by the admission authority should be given a place. They must receive appropriate training. There are strict legal rules about who can be a member of a panel. For example, a governor of the school or
local councillor cannot be a panel member.
If your child has been permanently excluded twice and is refused a school place you may not be able to appeal. If your child has challenging behaviour an admission authority may refuse a school place in very limited circumstances, but you can still appeal. If their behaviour is related to a disability you may be able to claim disability discrimination. In both these cases you should seek advice.
An unreasonable decision by an admission authority is a decision which is not rational in terms of its legal responsibilities or not based on the facts.
Infant class size appeals are when a school place has been refused for an infant class (reception or years 1 or 2) on the grounds that the school cannot take more than the legal limit of 30 pupils in that class. It is more difficult to win these appeals than other admission appeals.
Prejudice to the efficient education or efficient use of resources means there will be an adverse effect upon the education/resources provided by the school if they have to admit another child, i.e. it is full.
