Somerset Choice Advice Service SCAS A free impartial service to help families with school admissions and appeals. School Admission Appeals

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1 Somerset Choice Advice Service SCAS A free impartial service to help families with school admissions and appeals School Admission Appeals A Step by Step Guide Step 1 Refused a place? What do I do now? An appeal form comes with the refusal letter from the Local Authority when starting at school or when a child is transferring to secondary school. For in-year admissions the school or academy must provide information on how to appeal and an appeal form. Local authority community and voluntary controlled schools letters always include information on how to appeal, a form and a deadline by when the appeal must be lodged. If you do not receive an appeal form with the refusal letter you need to contact the school and ask for one. Parents have to right to appeal against the decision the only exception is if your child has been twice permanently excluded. If you have accepted a school place you can still appeal for more than one school. Parents must be given at least 20 school days from when the refusal letter is received to lodge an appeal. Please note: This step-by-guide does not apply to children with Statements of Special Educational Needs or an Education Health Care plan. Funded by Somerset Choice Advice Service The information is correct at the time of writing however the law is subject to change. Somerset Choice Advice Service cannot be held responsible if changes to the law outdate this publication. Individuals may photocopy information in SCAS publications for their own personal use. January 2014

2 Jargon Buster! There are many phrases and legal words that are used in the appeals process. During the appeal hearing you will hear the members of the panel; the clerk and the presenting officer use them frequently. They may sound complicated and difficult to understand and in this section aims to help you understand them and what they mean. Appellant This is the legal name for a person who appeals. Respondent or Presenting Officer A respondent or presenting officer is a person who responds or gives a reply at the appeal hearing. Admission Arrangements Admissions authorities must publish a copy of their arrangements on the schools website. Oversubscription Criteria Admissions authorities must have a list of rules which they must use to decide how to give the places to children. Admissions authorities use this list (over-subscription criteria) when they have more applications for the number of places for that year group. Infant Class Size Legislation This is the law relating to Reception, Years 1 and 2. These classes aim to have no more than 30 children with one qualified teacher. Class-size prejudice This phrase is used to explain that the school cannot take an extra child without going over the legal limit of 30 children per infant class. Prejudice This can mean to disadvantage the school and the children in the school. Qualifying measures If they want to sometimes schools may take steps to help them admit more children without going over the legal limit of 30 children per class. Schools may not wish to make these changes. Prejudice to the provision of efficient education or efficient use of resources This is the phrase used to describe how the school will be affected and how the education and the support to the children already at the school would suffer by allowing another child a place. Somerset Choice Advice Service January2014 page 2

3 Step 2 Lodging an Appeal The letter saying that your child has been turned down for a school place must state the right of appeal, including details of how to make the appeal and where to get further information. The letter should include an appeal form, if not send a letter to the Admission Authority saying you want to appeal. This will start the formal appeals process. All appeals must be made in writing and you do not need to write out your whole case now, just say you want to appeal and tell them as many reasons as you can because you can send further information later on. To: Clerk to the Appeal Panel c/o The Local Authority or c/o The Chair of Governors Date Dear Sir I wish to appeal against the decision not to give my child [name] a place at [name of school]. I If you have an official form on which I should write my appeal, please send it to me as soon as possible. My grounds for appeal are: [briefly explain as many of your reasons as possible] Yours faithfully, [Your name] Send your letter to the Admission Authority for the school. The Local Authority Admissions Department (for community and voluntary controlled schools) The School (all other types of school) You must be given at least 20 school days to send in your written appeal. There is no legal time limit but if your form is late there may be a delay to your appeal being heard. Somerset Choice Advice Service January 2014 page 3

4 Step 3 When will I know my appeal will be heard? Type of application Hearing to be held within: Normal admissions round (Primary and Secondary) 40 school days of deadline for lodging appeals Late applications in normal admissions round 40 school days of deadline for lodging appeals if possible or 30 school days of appeal lodged Sixth form (offers conditional on exam results) 30 school days of confirmation of exam results Sixth form (unconditional offers) 40 school days of deadline for lodging appeals In-Year admissions 30 school days of deadline for lodging appeals All admission authorities must publish an appeals timetable on their website by 28th February each year. Admission authorities may set their own dates within the constraints of the Admission Appeals Code. When the admission authority has received your appeal form the clerk will arrange for an Independent Appeal Panel to hear your appeal. You will be given 10 school days notice of the date, time and location of the appeal hearing. This will include a deadline to submit any further evidence or information that was not sent with the initial appeal. Before the hearing the clerk will inform you who the members of the panel are as this will allow an opportunity for any objections regarding the impartiality of panel members to be notified to the clerk. The clerk will need to know if you are going to take someone with you, this could be a friend, Choice Adviser, locally elected politician, social worker, family support worker or mentor. It is important that there is no conflict of interest. Somerset Choice Advice Service January 2014 page 4

5 Step 5 Check the schools admission rules: Oversubscription criteria Admissions authorities must have a list of rules which they must use to decide how to allocate the places to children. Admissions authorities use this list when they have more applications than the number of places available for that year group. This list is called the oversubscription criteria. An example of some commonly used oversubscription criteria: 1. Looked after Children (children in the care of a local authority) and previously looked after children who have ceased to be so because they have been formally adopted. 2. Children living in the catchment area with an older sibling at the school at the time of admission, and who live at the same address. 3. Children living in the catchment area. 4. Children living outside the catchment area with an older sibling at the school at the time of admission and who live at the same address. 5. Children living closest to the school measured by a straight line. Step 6 What do I need to find out? 1. Find out if the admission arrangements do not comply with the School Admissions Code or the School Standards and Frameworks Act Check the schools admissions rules usually called admission arrangements or admission policy and it includes the oversubscription criteria. These rules must be explained in the school prospectus or website. The local authority must produce a prospectus that includes all schools which is available in a paper copy or on the Local authority website. Please note the oversubscription criteria are only used when there are too many applications for places available i.e 100 pupils apply for 60 places. 2. Were the admission arrangements correctly applied in your case? Usually the admission rules are correctly applied however sometimes mistakes can be made so make sure you check how your child was considered against the oversubscription criteria. If you believe a mistake has been made you must contact the Admissions Authority and if they agree that a mistake has been made the child may be given a place in the school without an appeal although this rarely happens. 3. Give as much background information regarding your circumstances as you can. Do your child and/or family have exceptional reasons for needing a place at this school? Can you get copies of any medical reports, other professionals or agencies involved with the child and/or family to support this? 4. Where does your child meet the oversubscription criteria? Check each individual schools oversubscription criteria to find out. Somerset Choice Advice Service January 2014 page 5

6 Step 7 Unlawful discrimination The Admission Authority must not discriminate in the arrangements made for deciding who is offered a place at the school. This includes all aspects of the admission arrangements, such as, information about the school, the application process, any tests or exams and the oversubscription criteria. If your child has a disability and you feel the admission authority has discriminated against your child, for example by treating your application differently than for other children, or refusing to accept it, you may be able to claim disability discrimination. Equality Act This Act consolidates the law prohibiting discrimination, harassment and victimisation and expands the list of protected characteristics. All schools must have due regard to their obligations under the Act and review their policies and practices to make sure these meet the requirements of the Act, even if they believe that they are already operating in a non-discriminatory way. If you think your child has been treated less fairly than others your views should be part of your case. Step 8 Preparing your case Fill in the appeal form with your reasons why you want to appeal. If there wasn t an appeal form included in your refusal letter then you can send a letter. To: the Appeal Panel Date: Dear Sir/Madam I wish to appeal against the decision to not give my child (name and date of birth) a place at (name of the school) I very much want my child to be a pupil at this school. I believe it is essential for my child s education and welfare. I do not think the admission rules have been followed because... I believe that a mistake has been made in the admission authorities arrangements because. I think the decision to refuse admission was unreasonable because. I believe my child has been discriminated against because... (If you believe this to be true and you can explain it) Yours sincerely, Somerset Choice Advice Service January 2014 page 6

7 Send your appeal form and any other information including a map showing where you live and the way to the school to the Clerk. Make sure you take photocopies of everything you send and receive. Parents may waive their right to 10 school days notice of the hearing this means that your appeal may be held earlier but not always. Add this information to your appeal letter or form. If you know that there are some dates which would make it impossible to attend the hearing you need to tell the clerk as soon as you can. The appeals hearing can be heard in your absence. Top 10 tips: 1. Check the school s website or ring the school office to find out if there are any building works planned to extend the school. 2. Ask the Admission authority how many appeals were successful last year, this may mean that the school has been able to cope with more pupils. 3. Include a map of the route to the school from your home. This can sometimes be a useful visual piece of evidence to show distances between your home and your preferred and other schools. 4. Visit the school with your child. 5. Read the Ofsted report on the school you are appealing for and other local schools. Sometimes the reports can support your reasons for wanting a particular school. 6. Does your child have any health problems or special needs? You could ask the GP, health visitor, CAMHs support worker, Head teacher of your existing school or any other person who helps you or your child to provide a letter of support? 7. Have you thought about how your child will get to the school? 8. Think about this school and why you feel it will suit your child. 9. What effect will it have on your child and family if the child had to go to another school? 10. Plan B - what you will do if the appeal is not successful? Somerset Choice Advice Service January 2014 page 7

8 Step 9 - What happens now? No later than 10 school days before the hearing, the admission authority must provide you with a letter telling you about the date and arrangements for the hearing. This letter must include a deadline for the submission of any further information that was not sent with the initial appeal papers. Parents should be allowed to take more information to the appeal hearing. However, if there are substantial new issues raised at the hearing for the first time, it may be necessary to adjourn the hearing. Admission authorities must ask you whether you want to have any witnesses or be represented at the hearing. It is important that there is no conflict of interest. It is very important to attend the hearing in person. You should tell or write to the Clerk in advance of the hearing if you are taking someone with you or if you will be represented. This person could be a friend, an adviser like a Choice Adviser, a locally elected politician, or someone who works for the LA like a social worker or a mentor. In Somerset it may not be possible for the Choice Adviser to attend your appeal. Check the Choice Advice leaflet if you think you may qualify for support at a hearing or contact the Choice Adviser. If you need a translator or signer contact the Clerk. The Admission Authority must make and fund the necessary arrangements. Between 5 and 10 days before the hearing you will be sent information from the school explaining in more detail why the application for a place at the school was refused i.e. the year group is at the admission limit, number of school staff, size of the classrooms and school layout and the number of children on roll. Step 10 The Hearing At the hearing there will be three people appeal panel members, a clerk (who will explain the procedures, take notes and to ensure that the hearing is conducted properly and fairly) and a person who will present the case for the school. Sometimes the Head teacher or a governor from the school will also attend the hearing to answer specific questions about the school. Somerset Choice Advice Service January 2014 page 8

9 The Appeal Panel The appeal panel is a group of at least 3 people and they must be trained to a high standard. The panel members are independent of the Admission Authority and volunteer to undertake this role. The panel ensure that the hearing is heard according to the principles of natural justice. This means that the conduct of hearings should be based on fairness with each side given the chance to state their case without unreasonable interruption. Any written material or evidence must be seen by all parties. There are strict legal rules about who can or can t be a member of an appeal panel. There will be at least one lay member (a person without experience in education) and at least one member who have experience in education, or is the parent of a child at school. The order of the hearing: The clerk will explain the procedure and answer any questions you have before the hearing starts. The Chair will introduce everyone present. The admission authority representative will put their case first and explain why your application was refused and why the school can t take a further child without causing prejudice. You will be able to ask questions. The panel may ask questions. You present your case. The admission authority representative can then ask you questions. Panel members may ask questions. The admission authority representative sums up. You sum up. This means briefly explaining the main points you have already made. You and the person presenting for the school leave the room. At no time should you or the person presenting for the school should be on your own with the panel. Somerset Choice Advice Service January 2014 page 9

10 Multiple Appeals Multiple appeals are held when a number of appeals have been received for the same school. Admission authorities must take all reasonable steps to ensure that multiple appeals for a school are heard by one panel with the same members. All parents and carers are present at the first stage where the respondent or presenting officer will present the schools case. All parents and carers have the opportunity to ask questions. (This is not the point in the proceedings to talk about your own case.) If the panel are satisfied that prejudice (a disadvantage) to school would be caused then the process will move to the second stage. In the second stage the panel must hear all the appeals one by one and in private to maintain confidentiality of each parent and carers case. Panels must not make any decisions until all the appeals have been heard. Where the panel finds there are more cases which outweigh the prejudice than the school can admit, it must then compare the cases and uphold those with the strongest case for admission. Where a certain number of children could be admitted without causing prejudice, the panel must uphold the appeals of at least that number of children. ACE Step 11 How does the panel decide? Stage One The panel consider: If the admission arrangements comply with the requirements of the School Admissions Code and the Part 3 of the School Standards and Framework Act (SSFA) 1998 Whether the admission arrangements were correctly and impartially applied Whether the admission of additional children would prejudice the provision of efficient education or the efficient use of resources If there has been a mistake and the child concerned should have been offered a place or if the school can take additional children the panel will uphold the appeal at Stage One. Somerset Choice Advice Service January 2014 page 10

11 Stage Two In reaching a decision the panel must balance the arguments and consider whether the parents reasons as to why their child should go to the school outweigh the prejudice (disadvantage) caused to the school by admitting an extra pupil. The panel must take into account all the relevant information and circumstances, including: The published admission arrangements Your stated preference Your family and your child s particular circumstances The practical consequences for the school if your appeal was successful. Step 13 When will I find out the panels decision? You will be told the panel s decision by letter. In Somerset sometimes the clerk will give you a telephone number and a time to ring or the clerk will ring to tell you later that day. The letter should be sent as soon as possible and usually within 5 working days. This letter must give clear and detailed reasons for the panel s decision. Step 14 What do I do if I am unhappy with the result? You cannot normally appeal again because Admission Authorities will not accept further applications in the same school year. You can send new applications to the Admissions Authority on a regular basis and sometimes a place may become available. Remember, you will not have the right to an appeal unless there is a significant change in your circumstances. You would then have a further right of appeal if you are turned down. You can make a new application for admission to the next academic year towards the end of the summer term. Somerset Choice Advice Service January 2014 page 11

12 Step 15 Who can I complain to? The Local Government Ombudsman (maintained schools only) If you are unhappy about the way your appeal was carried out you and you think there has been maladministration you can complain to the Local Government Ombudsman. Maladministration covers issues such as a failure to follow correct procedures or a failure to act independently and fairly. It does not cover complaints where you feel that the decision is wrong. The LGO cannot overrule the panel s decision but can recommend a new appeal. You will need to lodge your complaint on the Local Government Ombudsman s website or you can ring their helpline within a year of the appeal hearing. Academies Complaints about academy schools must be made to the Education Funding Agency. Secretary of State for Education The Secretary of State cannot overturn decisions of individual appeal panels. They can consider whether the panel was properly constituted or whether the Admission Authority has acted reasonably in carrying out their duties. Judicial review If you or anyone involved in the appeal feel that the decision may have been unlawful they could apply for a judicial review. Judicial review means the Court would look at the lawfulness of the panel s decision. It could overturn the decision or order a new appeal hearing. Sources: Somerset Choice Advice Service choiceadvice@somerset.gov.uk Somerset Admissions and Entitlements Team Somerset Direct Coram Legal Centre (Free legal advice on English law and policy affecting children and families) Advisory Centre for Education (Independent advice on a wide range of educational issues) School Admissions Appeals Code Working together for Equalities This leaflet is available in other formats and languages on request. Somerset Choice Advice Service January 2014 page 12

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