The appeals process

If you appeal online, you will receive confirmation that your form has been received. Appeals by email or post will be acknowledged within 7 working days.

We will hold your appeal within our published timescales and alongside other appeals for the same school (where appropriate).

Attending

We recommend you attend the appeal, which will be held remotely using Microsoft Teams.

Where possible, please arrange childcare for young children to avoid interruption.

You will be sent a Teams link by email so you can join the appeal hearing. A computer or tablet works best, but you can also participate on a smart phone.

Attendance isn't compulsory - the Independent Appeal Panel can consider your appeal on the basis of your written reasons and any evidence you submitted. Make sure all your reasons for appeal have been clearly explained in writing, and that you have provided any supporting evidence you want the panel to consider, in advance of the appeal hearing.

Friends or representatives

You can be joined or represented by anyone you choose, including legal representation, providing there isn't a conflict of interest (e.g. no member of the school you're trying to get admission for can support your appeal).

Professional advocates or legal representatives will be at your own cost.

The panel

An Independent Appeal Panel of 3 people (with no connection with the school or the council) considers submissions from the admission authority and yourself. It includes:

at least one member with experience in the provision of education
at least one member with no experience in a paid capacity in the provision of education
one member who will chair

Only the panel will decide whether or not to uphold your appeal.

The panel’s decision will be binding on the admission authority and school. There is no further right of appeal.

Appeal type	What happens at the appeal
Infant class size appeal	You will enter a virtual waiting room when you join the hearing. Please wait for the clerk to bring you in, introduce him or herself and explain the procedure to be followed You and the admission authority will be brought into the meeting together for the start of your appeal An Independent Appeal Panel of 3 people will introduce themselves and the chair will first ask the admission authority to give a verbal explanation of the reasons for refusing your child a place You and the panel then have an opportunity to ask questions about the school’s case. The chair will then invite you to explain your reasons for appeal, indicating how your reasons for appeal fit one of the categories for upholding an infant class appeal After you and the admission authority have said all you wish to say, you will be asked to leave the hearing as your appeal has ended The panel will make its decision later, in private, after you and the admission authority have left. A letter explaining the panel’s decision will be sent to you and the admission authority within 5 to 10 working days after the panel has made its decision. Multiple appeals: In the case of multiple appeals for the same school and year group, the panel adjourns after the school’s case has been questioned, in order to hear individual cases in private, one at a time. All individual appeals will be heard before any decisions are made.
Other appeals	You will first enter a virtual waiting room when you join the hearing. A clerk will bring you in from the waiting room and explain the procedure to be followed. You will be placed back in the virtual waiting for a short while so the clerk can check that the panel is ready to proceed You and the admission authority will be brought into the hearing together for the start of Stage 1 The panel will introduce themselves and the chair will ask the admission authority to present its case You and the panel will then be invited to ask questions about the school’s case to test and verify the factual information about the school and the admission arrangements Adjournment - You and the school’s representatives will be asked to placed back in the virtual waiting room while the panel makes its Stage 1 decision – whether the admission of an additional child or children will cause prejudice to the provision of efficient education and the efficient use of the school’s resources If no, your child will be given a place. If yes, the process moves to the second stage Multiple appeals: In the case of multiple appeals for the same school and year group, the panel will decide if any additional pupils can be admitted without prejudice. Unless all can be admitted without prejudice to the school, the process will move on to the second stage and all individual appeals will be heard, one at a time, before any decisions are made. Stage 2 - You and the admission authority will be brought in from the waiting room so the clerk can inform you of the panel’s stage 1 decision. You may be placed back in the virtual waiting room for a short while so the clerk can check that the panel are ready to proceed When the panel are ready the clerk will bring you and the admission authority into the hearing where the chair will confirm their Stage 1 decision and ask you to explain your reasons for appeal The admission authority and panel will ask you questions to clarify your reasons for appeal and factual information When you have said all you wish to say and answered all questions, the chair will ask you and the admission authority to leave the hearing, as this is the end of your appeal Stage 2 decision - The panel will make its decision later, in private, or in the case of multiple appeals, after all appeals have been heard. The panel will balance the weight of your reasons for appeal against the prejudice to the school and if they decide that your case is stronger, they will uphold your appeal; i.e. direct that the school admits your child. A letter explaining the panel’s decision will be sent to you and the admission authority within 5 working days, or within 10 working days in the case of multiple appeals for the same school.

Appeal type

What happens at the appeal

Infant class size appeal

You will enter a virtual waiting room when you join the hearing. Please wait for the clerk to bring you in, introduce him or herself and explain the procedure to be followed
You and the admission authority will be brought into the meeting together for the start of your appeal
An Independent Appeal Panel of 3 people will introduce themselves and the chair will first ask the admission authority to give a verbal explanation of the reasons for refusing your child a place
You and the panel then have an opportunity to ask questions about the school’s case.
The chair will then invite you to explain your reasons for appeal, indicating how your reasons for appeal fit one of the categories for upholding an infant class appeal
After you and the admission authority have said all you wish to say, you will be asked to leave the hearing as your appeal has ended

The panel will make its decision later, in private, after you and the admission authority have left. A letter explaining the panel’s decision will be sent to you and the admission authority within 5 to 10 working days after the panel has made its decision.

Multiple appeals: In the case of multiple appeals for the same school and year group, the panel adjourns after the school’s case has been questioned, in order to hear individual cases in private, one at a time. All individual appeals will be heard before any decisions are made.

Other appeals

You will first enter a virtual waiting room when you join the hearing. A clerk will bring you in from the waiting room and explain the procedure to be followed. You will be placed back in the virtual waiting for a short while so the clerk can check that the panel is ready to proceed
You and the admission authority will be brought into the hearing together for the start of Stage 1
The panel will introduce themselves and the chair will ask the admission authority to present its case
You and the panel will then be invited to ask questions about the school’s case to test and verify the factual information about the school and the admission arrangements
Adjournment - You and the school’s representatives will be asked to placed back in the virtual waiting room while the panel makes its Stage 1 decision – whether the admission of an additional child or children will cause prejudice to the provision of efficient education and the efficient use of the school’s resources
If no, your child will be given a place. If yes, the process moves to the second stage

Multiple appeals: In the case of multiple appeals for the same school and year group, the panel will decide if any additional pupils can be admitted without prejudice. Unless all can be admitted without prejudice to the school, the process will move on to the second stage and all individual appeals will be heard, one at a time, before any decisions are made.

Stage 2 - You and the admission authority will be brought in from the waiting room so the clerk can inform you of the panel’s stage 1 decision. You may be placed back in the virtual waiting room for a short while so the clerk can check that the panel are ready to proceed
When the panel are ready the clerk will bring you and the admission authority into the hearing where the chair will confirm their Stage 1 decision and ask you to explain your reasons for appeal
The admission authority and panel will ask you questions to clarify your reasons for appeal and factual information
When you have said all you wish to say and answered all questions, the chair will ask you and the admission authority to leave the hearing, as this is the end of your appeal

Stage 2 decision - The panel will make its decision later, in private, or in the case of multiple appeals, after all appeals have been heard.

The panel will balance the weight of your reasons for appeal against the prejudice to the school and if they decide that your case is stronger, they will uphold your appeal; i.e. direct that the school admits your child.

A letter explaining the panel’s decision will be sent to you and the admission authority within 5 working days, or within 10 working days in the case of multiple appeals for the same school.

Successful appeals

The school will be notified of the panel’s decision, which is legally binding unless overturned by the courts.

The school will contact you to make the necessary arrangements for your child’s admission to the school (without unnecessary delay in the case of in-year appeals).

You can contact the school yourself once you have received a letter notifying you of the panel’s decision.

Unsuccessful appeals

You need to either accept the school place offered to your child, or search our website for other available schools and apply for them.

For co-ordinated appeals your child’s name will remain on the school’s waiting list until the end of the first school term, if you requested this.

After this time, you will need to contact the admission authority if you want your child’s name to remain on the waiting list for another term.

Further appeals

You can only appeal once in respect of each academic year and school (unless there have been significant and material changes in the circumstances of the parent, child or school).

If the admission authority accepts a second application under these circumstances, but is unable to offer a place, you will be entitled to a new appeal.

You can reapply (usually during the summer term) for a place at the school for the following academic year.

Overturning the panel decision

This can only be done by seeking permission to apply for Judicial Review through your own legal representative, at your own cost.

Additional advice and support

Complaints

This decision is binding on you, as child’s parent, and on the Admission Authority for the school.

There is no right of appeal against the Independent Appeal Panel’s decision. But if you believe the appeal did not comply with the School Admission Appeals Code and this affected the outcome, you can complain to either:

the Education and Skills Funding Agency (ESFA) for an academy place

or
the Local Government and Social Care Ombudsman (LGSCO) for a non-academy place

The ESFA and the LGSCO cannot overturn the decision of an independent admission appeal panel, but if they find the appeal arrangements breached the School Admission Appeals Code (and the breach may have affected the outcome of the appeal), the academy or school may need to establish a fresh appeal panel to hear your appeal again.

ESFA

ESFA provides guidance about this complaints process including timeframes and forms. You can also request this is provided by writing to:

Academy Admission Appeal Complaints
Academies Central Unit, Education Funding Agency
8th Floor, Earlsdon Park
Butts Road
Coventry
CV1 3BH

LGSCO

The LGSCO provides guidance about their complaints process including timeframes.

You can also contact the LGSCO by phone on 0300 061 0614, or by writing to:

The Local Government and Social Care Ombudsman
PO Box 4771
Coventry
CV4 0EH

Last updated 06 March 2024