Stockport Governor Association

Introduction

If parents are not happy with the school offered they can choose to appeal to an Independent Appeals Panel as described in the School Standards and Framework Act 1998 which stipulates that every local authority must establish a process for hearing appeals. This process, as stated, is independent of the admissions process and overseen by a separate Directorate within the Council. They are obliged to follow the national Appeals Code of Practice which prescribes many aspects of the system from administration timescales, composition of the panel, training regularity through to the precise grounds on which appeals can be granted. The full Code explaining these details can be found on the DfE website www.education.gov.uk

How can someone appeal?

If a request for a place at a particular school has been turned down, the parent will be

offered an alternative but can apply to appeal for the school they were not successful for.

Timescales for appeals be heard?

Appeals for September admissions will be heard from April to July. Other appeal hearings for in-year admissions are usually arranged within four weeks. Where possible, the Panel will hear all appeals for the same school before coming to any decisions.

The Panel

The Appeals Panel is made up of trained volunteers and each Panel has three or five members including at least one 'lay person.' Certain people are disqualified from becoming a Panel member such as a member of the local authority which is making the admission arrangements or an employee of the local Admission Authority. The Admission Authority must review panel membership every three years, considering whether it has sufficient numbers of trained members to meet its future needs and Admission Authorities must advertise for lay members every three years. Panel members are unable to take part in hearings until they have received appropriate training. Training in Stockport is undertaken by independent consultants and based around the admission codes and case law on admissions. A process of regular updates and review sessions also supports this.

Any person interested in becoming a Panel member should contact Democratic Services on Tel:0161 474 3216 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

How does the appeal panel operate?

Prior to the appeal the parent will receive the paperwork including the case statement outlining why the application was refused, data and narrative explaining that the school is full and any responses regarding the parental submission. The appeal itself is heard by three people including at least one ‘lay person’ and usually someone with experience in an educational establishment and is conducted in such a way as to put the parent at their ease while still following a prescribed process. The meeting is held in private and all information is treated in confidence. A representative of the Corporate Director Peoples will attend to explain why a place has not been granted at the preferred school. All appeals are determined on their individual merits. The panel will have to decide whether the representative has proved that the school is full if not the person will be granted a place. if they prove the school is full then the next stage is to hear the parents individual case. At this stage the panel have to decide whether the parents case is such that their circumstances would override the numbers at the school. Should the panel decide this then they could award a place over the existing numbers at the school. their decision is final and cannot be overturned except by judicial review.

At the hearing

1. An Officer representing the Corporate Director, People will present a case, explaining why the child was not given a place at your preferred school.

2. the parent may ask questions.

3. The Panel members may ask questions.

4. the parent presents their case, explaining why they feel their child should be given a place.

5. The Officer may ask the parent questions.

6. The Panel members may ask the parent questions.

7. The Officer will sum up.

8. the parent will have the final word on the matter.

9. Both sides will withdraw while the Panel comes to a decision.

The decision

In most appeals the Panel goes through two stages. The Panel first has to decide whether there was a good reason for refusing your application i.e., whether admission would be prejudicial to efficient education or efficient use of resources. An example might be where the school had very small classrooms and could not fit your child in, without making the space too cramped for good teaching and learning.

If the Panel decides that there was not a good reason for turning down the application the Panel must grant the appeal. However, if it decides there was, it must move on to the second stage. The Panel has to ‘balance’ whether the benefits of the child going to the school you prefer outweigh the negative effects on the school and the other children of having one more pupil in the class. If the Panel decides the case is equal or stronger they must grant the appeal.

Infant Class Size appeals

Different rules apply if the application has been refused because the infant class (Reception, Years 1 & 2) the child would go into would be over 30 or qualifying measures would be required (i.e. an extra teacher or additional teaching space would be required). In this type of appeal, the Panel can only look at whether the Council has followed its own rules which were published in its admission arrangements or if the Council acted unreasonably because the child would be taught in a class of less than 30. The Panel cannot take account of any special reasons the parent might have for wanting a place for their child at a preferred school unless they are relevant to one or other of the two reasons the Panel is allowed to look at. If the Panel agrees that ythe parent should have been offered a place, the Corporate Director, People must make a place available for the child at the preferred school. the parent will be notified of the result within 5 working days.

Pat Morgan,   Head of School Support Services,   SMBC Services to People