The Spring Term can be a very stressful and disappointing time for families who are waiting to hear which school their child is to be placed for the following September.
Turner’s Solicitors have successfully represented many parents at Admission Appeals. There are three main admission appeals:
- Grammar School Appeals
- Infant Class size Appeals
- Primary and secondary school Admission Appeals (sometimes called Prejudice Appeals)
An increasing number of parents are not securing the school of their choice and seek advice on how to appeal. We offer advice to parents who have received a refusal from their Local Authority or preferred Grammar School.
We provide legal representation which involves advice on the process of the admissions appeal, draft grounds of appeal which are submitted to the admissions panel or governors of the school. We also attend the Admission Appeal hearing to represent parents.
Grammar School Admissions Appeals
Each Grammar School will have its own admissions criteria. Some Grammar School are fully selective, others are partially selective. We can advise parents on the correct approach for the particular school.
Infant Class Size Appeals
The Schools Standards and Framework Act 1998 introduced statutory limits for the number of pupils in infant classes in England and Wales. The law requires a class with 1 teacher not to exceed more than 30 pupils. If the class size exceeds 30, the school must impose “qualifying measures” i.e. provide more accommodation or add another teacher to the class. The Regulations allow for a few exceptions when a child can be admitted to a class and exceed 30. We provide advice in relation to the individual circumstances of each child.
Primary and Secondary Admissions Appeals
We are able to advise parents of the steps of the appeal process. We will:
- Establish whether the school’s published admission arrangements comply with the legal requirements
- Establish whether prejudice would arise if the child was allowed a place at the school.
If prejudice is proved not to exist the appeal will succeed at that stage. If prejudice is found to exist the appeal panel will have to consider representations from the parents representative on the degree of prejudice to the school against the prejudice to the child being admitted to the school.
When balancing the arguments the panel must consider whether the appellant’s arguments for allowing the child into the school outweigh any prejudice to the school.
Appealing against the decision of the Admission Appeal Panel
If parents have attended an Admissions Appeal hearing which has been unsuccessful we are able to advise whether there is reason to take the matter further, for example if there has been maladministration. We advise on the prospect of bringing a successful complaint to the Ombudsman or a case of Judicial Review.
A successful complaint to the Ombudsman can lead to a recommendation that a new hearing take place. Alternatively a successful Judicial Review case can lead to an unfavourable Admission Appeal decision being overturned.