School Admissions Appeals Solicitors

Understanding School Admission Appeals

What Are School Admission Appeals?

A school admission appeal is a formal process where parents or guardians can challenge a decision by a school admissions authority when their child has not been offered a place at their preferred school. These appeals are heard by an independent panel, which has the authority to overturn the original decision, and parents have the opportunity to present their case and explain why their child should be granted a place.

Why Would You Need to Appeal a School Place?

There are a few different reasons as to why you might feel the need to appeal the School Admissions Process. You may want to appeal if:

• Your child didn’t receive a place at a preferred school, and you believe there are compelling reasons for them to attend that specific setting.
• Your child has special educational needs that the preferred school can best support.
• The school’s admission process didn’t adhere to the School Admissions Code, and your child would’ve been admitted to the school if they had adhered to it.
• The school didn’t use their admission criteria properly, and your child would’ve had a place if this had been used.
• The decision made by the Local Authority on your child’s behalf wasn’t “one that a reasonable authority would have made”.

If one or more of these apply to your situation, and your appeal could be successful.

What Are Some of the Reasons Why I Might Appeal the School Admissions Process?

There’s a range of reasons parents might decide to appeal, these include:

• The admission authority made a mistake.
• The school’s admissions policy was not correctly applied.
• The school is not over-subscribed.
• Giving your child a place will not exceed the class size limit.
• Your preferred school has a particular program that better supports your child’s learning needs.
• Your child’s personal circumstances or medical needs weren’t considered.
• Practical issues such as distance from home or transportation challenges.

Evidencing these claims and successfully presenting your case to the appeal panel can be difficult. Seeking advice from a specialist school admission appeals solicitor helps to establish facts that will persuade the Local Authority to see the merits of your individual case.

What to Do if Your Child Didn’t Get a Place at Their Preferred School?

When your child doesn’t get the school offer you were hoping for you might feel anxious about what this means for their future and unsure of what steps to take next. However, there are options.

If your child isn’t offered their first-choice school, you have the right to appeal the decision within 20 days of the offer. The admission authority’s letter will explain how to begin the appeal process which usually follows key these steps:

1. Review the school’s admission criteria and identify any grounds for appeal.
2. Collect evidence supporting why the preferred school is the best option for your child.
3. Submit your appeal within the set deadline.
4. Attend the school admissions appeal hearing to make your case.
5. Await the decision, which is usually made within 5 school days of the hearing.

If multiple schools have rejected your child, you will need to appeal each decision individually.

In the meantime, it’s advisable to accept the place at the school you’ve been offered, even if you plan to appeal. If you decline the school place, the local authority may not assign you another one, which could leave you without a school place for September if your appeal is unsuccessful.

How Would You Appeal a School Place?

Navigating the school admission appeal process can be challenging, but seeking specialist advice and understanding each step can help you successfully advocate for your child’s education.

About the Appeal Process

• Talk to an Education Solicitor: You only have one opportunity to appeal, so seeking advice and support from a specialist Education Solicitor provides invaluable insights and tailored guidance to help you build the strongest possible case.
• Preparing for the Hearing: Ensure you complete all required forms by the deadlines. Be ready to provide reasons for your appeal and evidence to support your case if necessary.
• Who’s on the Admissions Appeal Panel: The panel consists of three members: a chair, a layperson with no education background, and someone knowledgeable about the education system, like a teacher.
• The Clerk to the Independent Appeals Panel: The Clerk is impartial and has no ties to the school or local education authority. Their role is to assist the panel, communicate with all parties, and manage paperwork.
• The Decision: You can expect a written decision on your appeal within five days after the hearing.
• After the Decision: If the appeal is successful, the process of getting your child enrolled will begin. If it is unsuccessful, you won’t be able to appeal again.

What Should You Cover When Appealing a School Place?

This depends on your reasons for appealing, but will typically focus on:

• Why your child’s needs would be better met at the preferred school.
• Any special educational or social needs that the school can accommodate.
• Practical considerations such as distance from home, family logistics, and transport challenges.
• Any errors in the admission process or policies applied incorrectly.

What if My Child's Chosen School Doesn't Meet Their Needs?

We understand that this is a major concern for many parents. Schools that specialise in certain areas or offer unique programs may be a better fit for your child. If your child has specific educational, emotional, or physical needs that the allocated school can't adequately support, this can be a strong reason for an appeal.

Our trusted lawyers will pinpoint the most compelling aspects of your case and present them on your behalf during the appeal process, helping to ensure that your child's individual needs are clearly communicated and fully considered.

Appealing Against a Primary School Admission Decision

Getting the right school for your child to begin their education in is important. But every year many thousands of families don’t get the news they hoped for on school offer day. If your child has missed out on the preferred primary school choice you can appeal the decision.

When you receive the decision letter, it will include an appeal form that you must return within 20 days. In your appeal, you'll need to explain why your child should have been granted a place at that particular school.

Primary school appeals often focus on how well the school can meet the child's specific needs, whether these are educational, medical, or social. This might include factors such as proximity to home, sibling attendance at the same school, or special education requirements.

If your case is heard, an Independent Appeal Panel (IAP) will review the reasons and information you’ve provided to assess why your child should be admitted to that school. However, it’s important to note that some schools may be oversubscribed, and their decisions can be valid due to legal limits on Reception and Key Stage 1 class sizes, and the availability of staff and classrooms.

Our dedicated SEN Solicitors can support appeals for children with SEND, helping to secure a place in a school that matches their individual needs.

We will guide you through the process, ensuring your appeal is as strong as possible.

Appealing Against a Secondary School Admission Decision

Secondary education is a central to a young person’s future prospects. This can be a difficult transition for many children, especially if the school you’ve been offered means they’ll be separated from their closest friends. The appeals process can help you challenge the decision.

Secondary school admission appeals often focus on wellbeing and education, highlighting how your child is disadvantaged by not being offered a place. They can also include practical factors like travel arrangements or the school’s ability to cater to your individual needs.  

You must complete the form within 20 days of your school place offer, explaining why your child should have been granted a place at your preferred school.

If your case is heard, an Independent Appeal Panel (IAP) will review the reasons and supporting information. As with Primary School Admissions Decisions, sometimes, there may be external factors which mean that your child didn’t get in but there is no legal limit on class sizes for secondary schools.