Explaining the process for infant class size appeals
The School Standards and Framework Act 1998 limit the number of children in a single reception, year 1 and year 2 class to a maximum of 30 pupils per school teacher (Classroom Assistants, dedicated support workers etc are not classed as school teachers) – this is known as infant class size limit.
Some schools admit more than 30 children into their reception year e.g. 45 which when divided would create classes of less than 30. Therefore the infant class size limit is not reached in the academic year you’re applying for.
However, infant class size limit still applies if the admission authority can demonstrate that by admitting an additional pupil into the reception year you are applying for, the infant class size limit would be reached in future years. This may be due to the school combining different year groups to form a class of 30 in future years e.g. when your child moves into year 1.
Please contact the admission authority to find out if your appeal falls under the infant class size regulations.
To allow an appeal the Panel must determine:
If you can demonstrate the above have not been complied with, and the Panel are satisfied you have sufficiently demonstrated non-compliance with the above, your appeal could be allowed.
If a number of children would have been offered a place under (a) to (d) above, and to admit that number would seriously prejudice the provision of efficient education or efficient use of resources, the Panel must then compare cases.
Please bear this in mind when considering an appeal for reception and years 1 or 2 where there are 30 pupils in the class, or continuing with your hearing, as parents often find it frustrating when they realise the limited powers of the panel.
If you are considering an appeal for these year groups, you are advised to contact either Governance Support or the School directly for further information about the law relating to infant class sizes.
The presenting officer will present the case of the admitting authority, explaining why a place could not be offered for your child at your preferred school.
You and the panel may question the presenting officer on what has been said.
The panel will, separately from any other party except the clerk, consider whether the admission arrangements comply with the School Admissions Code the School Standards & Framework Act 1998, whether arrangements were correctly and impartially applied and whether additional children would ‘prejudice the provision of efficient education or the efficient use of resources.’
If the panel decides that the arrangements did not comply or were not correctly applied in your case, or that the year group is not full, the hearing will not go on any longer.
If yours is the only appeal for the school, your child will be admitted and the hearing will conclude at this stage.
Where there are multiple appeals for the same school and some but not all of the applicants could be admitted, the hearing would move the next stage to consider which children should be admitted.
You will be invited to present your case independently of any other parents who are appealing and explain why you are appealing against the admitting authority’s decision.
You should mention all the reasons why you feel the school you are appealing for is the best option for your child, and what extenuating factors justify your child getting a place even though the panel has agreed that there was a good reason for turning you down.
You should include all relevant information and where possible provide supporting written evidence with your written application. Remember everything you say is confidential and it is important that the panel fully understands your reasons for appealing!
The panel and presenting officer may question you about what you have said.
All parents will be interviewed individually before any final decisions on admission are made.