The panel’s decision

How does the panel decide?

The panel considers all the evidence presented and the answers given to any questions during the hearing when making their decision.  

The panel must balance the prejudice to the school of admitting another child against your reasons for wanting a school place.

The appeal panel will decide either to:

• uphold the appeal – in which case your child will be admitted to the school, or
• dismiss the appeal – in which case you will not be offered a place at the school

How does the Panel compare cases?

The Panel hears each appellant’s reasons for appeal and compares the cases and will uphold those with the strongest case for admission.  Where a certain number of children could be admitted without causing additional prejudice, the Panel must uphold the appeals of at least that number of children.

Consideration of ‘prejudice’

The Panel must not reassess the capacity of the school but must consider the impact on the school of admitting more children.  In reaching a decision as to whether or not there would be prejudice the Panel may consider the following factors:

1. what effect an additional pupil would have on the school in the current and following academic years as the year group moves through the school;
2. whether any changes have been made to the school’s physical accommodation or organisation since an admission number was originally set for the relevant year group;
3. the impact of the locally agreed Fair Access Protocol; and
4. the impact on the organisation and size of classes, the availability of teaching staff, and the effect on children already at the school.

When and how do I find out if my appeal was successful or not?

You can telephone Governance Support after the appeal for the result.  You will be asked your child’s name, the school you are appealing for and be given a ‘yes’ or ‘no’ answer.  No details of the appeal hearing will be discussed on the phone.

A letter notifying you of the Panel’s decision will be sent to you normally within five school days of the date of the appeal (this date is the final date for hearing cases for multiple appeals which are held over a number of days).

My appeal was successful, what next?

The decision of the Panel is binding on the admission authority.  To make arrangements for your child to start school, you should contact the school directly.

My appeal was not successful, what next?

If your appeal is unsuccessful, you should contact Student Services to discuss any alternative options for your child’s education.

If my appeal is unsuccessful, can I make a further appeal?

You do not have the right to a second appeal for the same school and same academic year unless the admission authority has accepted a second application from you due to a change in circumstances and you have been refused a place in writing.

What can I do if I am not happy with the way may appeal was conducted?

Maintained Schools

The Local Government Ombudsman can investigate complaints about how the Appeal Panel conducted your appeal. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’.  

However, the Ombudsman cannot question whether an Appeals Panel decision was right or wrong simply because you disagree with the decision.  You can complain about the way the appeal was carried out, but you cannot complain about the decision itself.  

If you wish to complain about how your appeal was conducted, please contact the Ombudsman on 0300 061 0614, visit the website www.lgo.org.uk, or write to:

Local Government Ombudsman,
PO Box 4771,
Coventry,
CV4 0EH.

Academy Schools

You can complain to the Department for Education (DfE) in respect of the appeals panel.  The DfE can only investigate complaints about Panels that did not follow the procedure set out in the School Admissions Appeals Code.  

The DfE is unable to consider an appeal complaint if the appeal was held more than 12 months ago unless there is a good reason for the complaint being delayed.  The DfE cannot overturn the panel’s decision.  

A panel is independent, and decisions can only be challenged in court through a judicial review.  

A complaint can be submitted in writing by sending it to:

Complaints Team,
Education and Department for Education,
School complaints compliance unit,
Piccadilly Gate,
Store Street,
Manchester,
M1 2WD.

Visit the DfE website for further information.