The Notice of Appeal form
On the form, you must explain, in as much detail as possible why you wish your child to attend the school where you have been refused a place. You may also explain factors that will affect your child as a result of being refused a school place. Please provide as much supporting evidence as you can.
You must return the completed form to Legal Services by the closing date which is shown on the refusal letter. The Legal Services Division will acknowledge the receipt of the form in writing.
Should you wish to find out more about how your appeal is progressing, you can contact the Appeal Panel Administrators on (0116) 252 6705 who will be able to help you.
The Panel
Panels are made up of a variety of people from different backgrounds, age groups and cultures. Each panel will be made up of at least one of the following:
- members with experience in education, i.e. retired head teachers, teachers, governors;
- parents with children in school;
- lay members, (individuals who have no education experience).
Others involved will be the Clerk to the panel, interpreters (if requested), the Education representative, and any person you wish to bring along to support you.
The Clerk
At all appeals a qualified Solicitor or a legal advisor (the Clerk) from Legal Services will be present. It is the Clerk’s responsibility to see that the procedures are followed according to Department for Education (DfE) guidelines and the law. The Clerk is also responsible for informing you of the panel’s decision, but plays no part in the decision making process.
Interpreters
The LA will, if requested, provide an interpreter. Please indicate on the Notice of Appeal form if you would like an interpreter and the language you speak.
The Education representative
The Education representative’s role is to explain why a school place has been refused. This will include an account of how the request has been processed and why the LA is not able to exceed a school’s admission number (AN).
The Appeal Hearing
You will be notified of your appeal date and venue 10 school days before your appeal. Appeals are only heard during office hours (9:00 a.m. to 4:30 p.m.). Papers outlining why the Local Authority has refused your application will be sent to you 7 working days before the hearing date.
Parents have the right to take as long as they wish to outline their case, but it is helpful to remember that there are always several hearings on each appeal day. The time scheduled for each appeal hearing is 20 minutes but hearings can be longer or shorter depending on individual cases.
When You Arrive
The Clerk to the appeal will greet you and introduce everybody and will make sure you are aware of the day’s procedures. When the panel is ready, you will be shown into the room where the hearing takes place.
The Education Case (Stage 1)
The LA representative will present the school’s case. In order for you to prepare for Stage 1, you are advised to read the statement and to bring it along with you to your appeal. When the LA representative has finished explaining the reasons for refusing a place, both parents and the panel are invited to ask the LA questions on what has been explained. The panel must then decide if in their opinion they agree that the school is full, based on the LA statement. If they confirm the LA’s position then the hearing proceeds to Stage 2.
Your Case (Stage 2)
The case for each child is heard in private. It is at this stage that you will be invited to put forward your personal circumstances as to why you believe your child should be granted a place at the school in question. You may bring additional supporting evidence that you have not provided on your application form, but the clerk may advise on an adjournment so that everyone has a chance to read it. The LA representative and panel members may then question you on the information that you have presented.
Summing Up
Once both parties have presented their case, each party will have a final opportunity to sum up, after which, the appeal hearing is over and both the LA represetative and parents must leave.
Written Representations
In cases where parents wish their case to be considered on their written submissions (or where parents fail to attend), the hearing will proceed in their absence. The LA representative will present to the panel all the information held on the child and will try to answer questions the panel may have.
Notification of Decision
The Clerk to the panel will aim to write to parents with the panel‘s decision within five working days of the last appeal for that school. The letter from the Clerk will give a summary of the evidence heard and the decision.
If your appeal has been successful, you will get another letter at roughly the same time from the Admissions Service advising you to contact the school to arrange a start date. A duplicate letter is sent to the school informing them that you will be contacting them shortly. Places must be taken up within two weeks of the date of the decision letter; otherwise, the place may be withdrawn.
If your appeal has been unsuccessful, you must either accept the alternative school offered, or arrange an alternative education for your child. You cannot normally appeal again for the same school within the same academic year. However, you can appeal for a different school, but only if you have applied for it and have been turned down. If parents ask to re-apply for the same school in the same academic year, we would only consider this if evidence of a significant change in circumstance can be produced.
If you are disappointed
You need to read again the five options explained at the beginning of page 4. If your child is already at school, try to take into account the disruptive effect of changing schools, particularly in years 2, 6, 10 and 11 because of tests or examinations.
Waiting Lists:
This is a system which places childrens names on a list for oversubscribed schools. These children will have been refused school places. If places are withdrawn from oversubscribed schools and the number on roll at the school is less than the Admission Number Limit then the next child on the waiting list can be offered a place. The list is ‘live’ and positions on list can move up or down depending on the admission criterion that applies to each child.
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