Frequently Asked
Questions

If a school is oversubscribed and therefore receives more applications than there are places available, the admitting authority will apply criteria to decide which applications are successful and those which are not successful.

Admission policies are the same as oversubscription criteria or admission criteria. Please see admission criteria.

The admission authority is the authority that determines which criteria will be used if there are more applications than places. For community schools the admitting authority is the Local Authority. This accounts for the vast majority of schools. For all other schools the Governing Body is the admitting authority. This includes Voluntary Aided Schools, Voluntary Controlled Schools, Foundation Schools, and Academies.

The published admission number or PAN as it is commonly referred to is the number of pupils in each year group that the admission authority has agreed will be admitted without causing problems for the school.

A community school is one which is run by the Local Education Authority.

These were formerly referred to as Grant Maintained Schools. The Governing Body of the school is responsible for setting the admission criteria and also arranging admission appeals.

These schools are usually religious based with a religious ethos. The Governing Body set the admission criteria and arranges admission appeals. The admission criteria will usually require a level of religious commitment.

These schools the Governing Body set their admission criteria, but the Local Education Authority is responsible for arranging admission appeals.

Parents / carers / guardians have the right to appeal against the decision by a school / local authority not to offer their child a place at their preferred school.

This right of appeal extends to anybody. The appeal is to an Independent Panel usually comprising 3 people who will hear evidence from both the parents and from the school which is being appealed for and come to a decision based upon the evidence / reasoning provided by both parties.

This is the process where an appeal panel considers whether the issues you raise at an appeal outweigh the issues put forward by the admission authority.

This is the person appointed by the admission authority to ensure that the admission appeal is conducted properly and in accordance with the Code of Practice for School Admission Appeals. This person is also able to give independent advice to parents/guardians.

This is statutory guidance issued by the Department for Education for admission authorities.

This is statutory guidance issued by the Department for Education to follow when arranging school admission appeals.

This is statutory guidance issued by the Department for Education to follow when arranging school admission appeals.

The government department responsible for setting and implementing government policy in England.

This is the group of people appointed by the Admissions Authority to hear appeals in accordance with the School Admission Appeals Code. The Code provides that the Panel is made up of lay persons and people with experience of education and will comprise at least three persons. In most cases the Panel will comprise three people. If the Panel is three there must be at least one lay person and at least one person experienced in education.

This is where the Admissions Authority refuses a school place because it would result in a class size of more than 30 for children aged 5, 6 and 7 or would result in a ratio of more than 30 children to 1 teacher.

Children aged 5, 6 and 7 fall within this category.

No. The parties at an appeal hearing will be the Panel themselves (3 members), a presenting officer who will be representing the school you are appealing for and a clerk or legal advisor to the Panel. If you have a large stage 1 group session, which is the case for most secondary school transfer appeals, then for the first part of your appeal i.e. the presentation of the school case, you and all other parents may be present. However, for your stage 2 appeal i.e. where you will be talking about your child, then all other parents will not be present.

No. Whether you are in person or on a virtual hearing and Appeal Panel will tell you that you should not record the proceedings. However, you or a friend / legal representative may make detailed notes of what is said. These notes are your record of the meeting.

This is the school that you would like your child to attend.

This is where the Admissions Authority refuses a place at a school because it believes that the admission of one more pupil would have an adverse effect on the efficient use of resources and/or the efficient education of the children already at the school.

This is the publication issued by the school that sets out the policies, principles and ethos of the school.

You will be given a minimum of 20 school days within which to lodge your appeal. After that the Code prescribes that appeals should normally be heard within 40 school days of either the receipt of the appeal in the case of individual appeals or the closing date in the case of multiple appeals.

Appeal Panels can hear appeals in 2 ways. Firstly, you may be invited to a face-to-face session. This may be at a council premises or a school / conference venue. Alternatively, since COVID, Appeal Panels have been allowed to meet virtually i.e. by video hearings. Many Appeal Panels still meet this way today and, in this case, hearings are conducted via Zoom or Teams.

The Code prescribes that you are entitled to one appeal per academic year per school. Therefore, the decision of the Appeal Panel applies to the whole of the next academic year for those children changing schools in September but the remainder of the academic year in all other cases. However, if there has been a material change of circumstances since the appeal you can apply again and if the Admissions Authority agree that there has been a material change of circumstances but still fail to offer a place, that would trigger an immediate appeal.

A material change of circumstances is not defined in the Code and therefore is subject to local interpretation. However, the Code does give some examples, which could include medical reasons, or the family has moved house. It also relates to changes to the school. If a school was planning to run nine classes and then runs ten classes, this could be regarded as a material change of circumstances.

You can submit whatever evidence you want to support your appeal. However, Appeal Panels will always treat uncorroborated evidence with caution. It is always much better if supporting evidence is provided by a third party, preferably with a professional background, for example a doctor, social worker or teacher. You will need to demonstrate why the school that you have selected is the only school that is able to meet your child’s needs.

Appeal Panels will always take medical issues seriously. However, the medical grounds do need to be exceptional. Many schools now are equipped, and school staff trained to deal with many common conditions such as asthma and eczema so these would not normally be regarded as exceptional. You will need a letter of support from your GP or other medical professional otherwise it will be less persuasive. The Admissions Authority may refer the medical support to a community paediatrician to get a second opinion.

For all appeals, except infant class size and grammar school appeals where pupils did not pass the entrance examination, Appeal Panels have absolute discretion. They will listen to the case put forward by the admissions authority and the parents and decide whether to allow the appeal or to dismiss the appeal.

Although it is generally referred to as the two-stage process, in fact the Appeal Panel will look at three issues. First, they will have to decide if the Admissions Authority correctly followed the published admission arrangements and were right not to offer a place at the school. Then they will have to decide if they are persuaded by the arguments of the Admissions Authority that an additional admission will cause prejudice (or problems) either to efficient education or use of resources. If they decide that it would they will then look at the persona issues raised and if the Panel decided that the personal reasons outweigh prejudice they will allow the appeal.

The answer is yes, and no! If your child passed the entrance examination but was not offered a place because places were offered to pupils that met the criteria better, then the appeal process will be the same as for normal prejudice appeals. If, on the other hand your child did not pass the entrance examination, then the appeal will be different. In this case, you will have to demonstrate that your child is suitable for grammar school education. You can do this by providing evidence that your child would not struggle in a grammar school. Such evidence would include school reports and a reference from your child’s class or head teacher. In addition, there may also be mitigating circumstances as to why your child did not perform on the day of the examination. They may have been feeling unwell or they may have been distracted either at the examination or at home. The Appeal Panel will have to decide if these issues were sufficient to affect the outcome of the examination.

If the Panel accept that the Admission Authority will have to take qualifying measures, there are only two grounds on which an appeal can be successful. One is that the Admissions Authority made a mistake, which would otherwise have resulted in a place being offered. The second is that the decision was totally irrational based on the information that the Admissions Authority had when making the decision. There are, however, a number of limited exceptions.

If a class goes above 30 as a result one of the exceptions, the school will not have to take qualifying measures until the next academic year. Effectively these pupils are classes as being invisible for the purposes of the regulations.

No. All the information that the Admissions Authority wishes the Appeal Panel to take into account should be included in their statement that they should send to you at least 7 days before the hearing.

No. There is no statutory time limit, and you may submit information after lodging your appeal but before the hearing. The Admission Authority must provide all the information reasonably asked of it by you so that you are in a position to question the admission authority’s case. It is wise not to produce information on the day of the appeal otherwise you run the risk that the appeal may be adjourned.

Definitely not. Appeal Panels are clear that children should not be involved in the hearing whether that be a virtual hearing or face-to-face hearing.

Yes. Legal representation is allowed at appeal hearings, but you may wish to check that your particular representative is very familiar with the appeals process. High Street solicitors will often advise parents but because they undertake so few appeals, can potentially be a hindrance more than a help in the process. If you are going to go down the route of representation, make sure that that person is an expert in the field.

Yes, but make sure that this is not a PowerPoint type presentation as this will not be allowed. You should make sure that you have a 5–10 minute presentation which summarises the main points of your appeal. Focus on the reasons for the school that you want, not necessarily the reasons for school that you do not want.

Yes, but make sure that this is not a PowerPoint type presentation as this will not be allowed. You should make sure that you have a 5–10 minute presentation which summarises the main points of your appeal. Focus on the reasons for the school that you want, not necessarily the reasons for school that you do not want.

No. The parties at an appeal hearing will be the Panel themselves (3 members), a presenting officer who will be representing the school you are appealing for and a clerk or legal advisor to the Panel. If you have a large stage 1 group session, which is the case for most secondary school transfer appeals, then for the first part of your appeal i.e. the presentation of the school case, you and all other parents may be present. However, for your stage 2 appeal i.e. where you will be talking about your child, then all other parents will not be present.

No. Whether you are in person or on a virtual hearing and Appeal Panel will tell you that you should not record the proceedings. However, you or a friend / legal representative may make detailed notes of what is said. These notes are your record of the meeting.