What are Some of the Reasons Why I Might Appeal the School Admissions Process?
There are a few different reasons as to why you might feel the need to appeal the School Admissions Decision. These are as follows:
- The school’s admission process didn’t follow the School Admissions Code, and your child would’ve been admitted to the school if it had been followed correctly;
- The school didn’t use their admission criteria properly, and your child would have secured a place if they had done so;
- The decision in respect of your child’s application wasn’t “one that a reasonable admissions authority would have made”.
Alternatively, even if none of these specific reasons apply, you may believe that missing out on a place at this school would cause more harm to your child than the school would experience by admitting one extra pupil.
If you’re unsure whether you have grounds for appeal, you can still check with us, and we’ll look over your case to advise on your chances of success.
Discrimination in School Admissions
Under the Equality Act 2010, the law states that places that provide education, including schools, shouldn’t discriminate against their pupils (or prospective pupils).
This means that, if your child has any Special Educational Needs and Disabilities (SEND), or another protected characteristic, they shouldn’t be discriminated against or disadvantaged because of this.
Unfortunately, discriminations can still happen, whether though systems, processes, or individual decisions. That’s why, if you believe this has happened to or affected your child, our Education Solicitors at Simpson Millar can look over your case and figure out if you can appeal the decision on the grounds of discrimination.
We can also examine a school’s admissions criteria in advance of your child applying to a school and advise on a potential objection to the Office of the Schools Adjudicator.
Appealing against a Primary School Admission Decision
If your child doesn’t get into their preferred Primary School, you have the right to appeal this decision.
When you get the decision letter, you’ll also get an appeal form. Should you decide to exercise the right to appeal, you will need to send the form back within the deadline of 20 days from the date of the letter, explaining why your child should have been given a place at the chosen school.
If it comes to this, an Independent Appeal Panel (IAP) will review your case, and look through the reasons and information you’ve given as to why your child should have been admitted into that school.
Of course, sometimes, schools are oversubscribed and physically unable to accept more pupils. This may also be influenced by the maximum class size allowed, and the number of staff members and classrooms they have to accommodate this. In these cases, the decision can sometimes be very hard to challenge as there is a legal limit of 30 children per class in Reception, Year 1 and Year 2.
Appealing against a Secondary School Admission Decision
If your child doesn’t get into their preferred secondary school, the appeals process is similar.
This can be a difficult transition for children to make, especially if they’ve settled in well at primary school and made some good friends, who they may not be able to join if they don’t get into a particular school.
Whatever the reasons may be for you or your child choosing the preferred school, it can be tricky if they don’t get a place, and that’s why the appeals process exists.
Again, you have 20 school days to return the completed appeal form. Forms are normally available on school’s websites. As with the appeals process for Primary School Admission, your appeal will be heard by an Independent Appeal Panel (IAP).
As with Primary School Admissions Decisions, sometimes, there may be external factors that affect your child’s placement. However, unlike primary schools, there is no legal limit on class sizes for secondary schools.
Appealing against a Grammar School Admission Decision
To gain entry to a selective Grammar School, children typically need to take an entrance test – usually the 11-plus – to ensure they are at the right academic level and standard for admission.
Generally, Grammar Schools are attended by children who exceed academically, so the children who pass this exam have a strong chance of being offered a place.
Appeals for Grammar School Admission Decisions can be difficult, as additional factors need to be considered. For example, you may have to prove that your child’s academic abilities are in line with what is required of other pupils at the school.
It’s essential to fully understand the appeals process in this area, which is why in these cases, legal advice from an expert can be beneficial.
The admissions criteria for Faith Schools are often complex. If they’re oversubscribed, faith schools may prioritise pupils of a particular religion. Under current law, schools are permitted to discriminate on the grounds of religion in school admissions criteria. However, we can advise on any concerns relating to the admissions criteria of faith schools, including potential discrimination issues, such as disability discrimination or race discrimination.
Making a Successful Appeal
There are a few tips we can suggest to help you make a successful appeal. But, do get in touch with our team of experts for specific advice and support on this topic.
- How to prepare for the hearing: You’ll need to fill in all the right forms by the correct deadlines. You’ll also have to give reasons, or grounds, for your appeal, which you should be ready to prove if needed.
- Who is on the Admissions Appeal Panel: The Panel will consist of three people: the chair, and 2 other members, one of whom should be a lay person with no knowledge of the education system or the law, and the other should be someone who knows the education system and how it works, such as a teacher.
- The Clerk to the Independent Appeals Panel: A neutral Clerk will be present to the Independent Appeals. They are there to advise the panel, talk to all parties and respond to their queries, and deal with the paperwork involved.
- The Decision: You’ll usually have to wait for a written decision on your appeal, which should happen within 5 days of 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.
Do I Need an Education Lawyer for a Schools Admissions Appeal?
Whilst you don’t need a Lawyer to represent you when making a Schools Admissions Appeal, getting legal advice from an Education Expert can be highly beneficial. It can help you understand the relevant laws, procedures, and deadlines around appealing against the decision.
By obtaining legal advice, you’ll be better informed about your case, your options, and the steps you can take to give your child the best possible chance of securing a place at their preferred school.
Benefits of Using an Education Lawyer for an Appeal
There are several benefits to getting advice from an expert in Education Law. Not only will this help take some of the stress off your shoulders, as you won’t be dealing with this alone anymore, but it’ll also make you prepared for the appeal hearing itself. An expert will be able to guide you on what to expect, and advise you on how you can prepare in terms of evidence and other factors, so that a strong argument can be presented.
Education Law specialists have extensive knowledge on the appeals process and understand what the IAP will consider when making their decision. This allows us to help you build a strong case that is tailored to what the panel is looking for.
We normally do not recommend that parents take a lawyer with them to the Independent Appeal Panel hearing, as it may not be well received by the panel. However, we can prepare parents for that panel and assist with gathering evidence, and preparing the appeal itself.
How Simpson Millar can Help with Your Child’s School Admissions Appeal
If you’re looking to appeal your child’s School Admissions Decision, our team of Education Law Solicitors can help.
We’ll be here at every stage of the appeals process to help you understand what’s going on, and to advise you on how to put together a successful case. We will listen to your story and why your child needs to be in that school, and we’ll tailor our information, support, and advice to your particular case.
Our goal is to make sure you get the best result possible for your child and their education.
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