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Every parent will have experienced the angst of applying for a school place for their child (although surprisingly, some parents do not realise that an application has to be made for their child to progress from the nursery at the school to the reception class) and the associated worry of whether their placement will be the one which they wanted. When you consider that the initial allocation is going to have an effect on the next seven years of key stage one and two; or five years of high school leading to GCSE examinations and qualification - it is not surprising that the admissions process can be stressful.
In reception and Infant classes the law states that there can only be 30 children per qualified teacher in a class unless there are exceptional circumstances.
You have the right to provide preferred options for your child’s school and each admission authority or independent school must publish their admissions policy in the case where a school is oversubscribed setting out what criteria has to be met and in what priority. If unsuccessful in your first choice, the second or third choices may be.
If you are not satisfied with the outcome of the allocation, then there is a right of appeal.
Please note we can only assist with matters relating to schools/universities in the jurisdiction of England and Wales.
| Event | Secondary | Primary | |
| Deadline to make application for school place | 31st October | 15th January | |
| National offer day | 1st March | 16th April | |
| Then at least 20 school days to lodge appeal | 28th March | ||
| Deadline for admission authorities to publish appeal timetable | 28th February | 28th February |
If an infant school already has 30 children in a class, an appeal can only succeed you can show either that the admissions arrangements or the law were not applied properly and the child would have been offered a place if they had been, or if the decision was totally unreasonable
You are entitled to make representations to the appeal hearing and we can make arrangements to present your case in writing or by legal representation at the hearing.
The appeal panel will consider the case and decide whether the school can justify not taking an extra pupil above the capacity stated. This involves a balancing exercise considering the needs of your child and other children’s education together with practical issues such as would they fit in the classroom (known as the balance of prejudice test). Reception cases are often more difficult than secondary admissions as there is more flexibility in the procedure.
A decision will then be provided which can be advised on. There is no further right of appeal, but a judicial review may be available.
Your appeal will be heard by an independent panel and details are set out below:
| Type of school | Admission authority | Complaints about arrangements | Responsible for appeal against place refusal |
|---|---|---|---|
| Academies | Academy trust | Schools adjudicator | Academy trust |
| Community schools foundation | Local authority | Schools adjudicator | Local authority |
| Foundation schools | Governing body | Schools adjudicator | Governing body |
| Voluntary aided schools | Governing body | Schools adjudicator | Governing body |
| Voluntary controlled schools | Local authority | Schools adjudicator | Local authority |
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