What to Do if Your Child is Refused Their Preferred Secondary School Place

Your Right to Appeal

“If you’ve been refused a place at your preferred school, you have the legal right to appeal,” explains Dan. “You should receive an appeal form along with your decision letter. It’s important to return this within the deadline set by the admission authority—usually at least 20 school days. You don’t need to have all your supporting evidence ready at this stage, as further information can be submitted later.”

If you haven’t received an appeal form, contact the admission authority immediately to ask for details of their process.

How the Appeal Process Works

Appeals are considered in two stages.

1. Was the admission process followed correctly? The first step is to determine whether the admission authority applied its published admissions criteria properly and fairly. If a mistake was made, and your child would have been offered a place had the criteria been correctly applied, the appeal must be upheld.
2. Would admitting another pupil harm the school? If the admission arrangements were applied correctly, the panel will then decide whether admitting additional pupils would negatively impact the school’s ability to provide quality education or manage resources effectively. 

“If an appeal panel finds that a mistake was made, or that the school could admit another pupil without significant harm, it has the power to overturn the decision,” says Dan.

Building a Strong Appeal Case

One of the most common mistakes parents make is focusing on why they prefer a certain school, rather than why their child needs to attend that specific school.

“Simply saying a school has better Ofsted ratings or exam results isn’t enough,” Dan explains. “Other parents will be making similar arguments, and appeal panels won’t give weight to these reasons alone.”

Instead, parents should focus on their child’s individual needs. Strong appeal cases often include:

• Social or medical reasons – If your child has a medical condition or special educational needs that would be better supported at your preferred school, include professional evidence to support this.
• Bullying or safeguarding concerns – If your child was bullied at primary school and the perpetrator is attending the allocated school, this could be a key factor in the appeal.
• Transport and accessibility issues – If travel to the allocated school would cause undue hardship, particularly for children with disabilities or family circumstances that make transport difficult.

“It’s also worth checking your chosen school’s oversubscription criteria, which should be published on its website,” advises Dan. “Some schools prioritise siblings, catchment areas, or social and medical needs. Understanding these criteria can help you frame your case more effectively.”

What Happens After Submitting an Appeal?

Once your appeal is lodged, you’ll be invited to a hearing.

• You must be given at least 10 school days' notice of the hearing date.
• The hearing should take place within 40 school days of the appeal deadline.
• You will have the opportunity to present your case, and the admission authority will explain why a place was refused.

A decision will usually be sent within five school days of the hearing, unless there is a valid reason for a delay.

“If the appeal is unsuccessful, but you believe the process was unfair or unlawful, you may have grounds for a legal challenge,” says Dan. “In this situation, it’s advisable to seek specialist legal advice as soon as possible, as any challenge must be brought within three months of the hearing.”

Need Advice?

If your child has been refused a place at their preferred school and you need help with an appeal, Simpson Millar’s education law experts can provide guidance and support.

For more information, visit Simpson Millar’s website or contact the team directly.