Download an appeal booklet and form

What is the School Admission Appeals Panel?

The panel is independent of the Council, schools or governing bodies. It hears appeals against decisions made to refuse admission to school. In dealing with appeals the panel follows guidance in a Code of Practice drawn up by the Department for Education and advice from the Local Government Ombudsman.

What are the circumstances in which I can appeal? (For infant appeals which are Reception, year 1 and year 2, please see the advice below headed 'Infant appeals').

You can appeal when the school that you would prefer is considered to be full. Our view is that to admit any further children would in the words of the legislation 'prejudice the provision of efficient education or the efficient use of resources'. The panel may not accept this view.

What will you do with my appeal form once you receive it?

Receipt of your appeal form will be acknowledged within seven working days. A statement setting out our case for not offering your child a place at the school concerned is sent to you and the appeals panel at least one week before the appeal date.

Most appeal hearings take place during May, June and July, before children start in September. However, appeals for other year groups are heard throughout the rest of the year but must be heard within 30 school days of receipt of the appeal form.

What sort of information should I provide?

Whatever your reason for appealing, you should provide in advance as much information in support of your appeal as you can. This might include particular personal circumstances including, for example, medical advice. Please note that the late introduction of evidence on the day of the appeal may cause a delay as all parties need to read the new evidence.

Who will hear my appeal?

The appeal will be heard by a panel made up of three people, which includes parents, governors of other schools, teachers, other persons with experience of education and “lay” members (people who have no experience of education). The panel hearing the appeal will introduce themselves to you immediately before the hearing starts. At the hearing the panel will have copies of both the written submission prepared by us and the information which you have provided. A panel member should not normally hear your appeal if he or she knows you directly, is a governor of your preferred school or has been involved in your case previously.

Where and when will my appeal be heard?

The section that arranges appeals and sends you an invite letter is called Governance Services, which is independent from Education Leeds. Appeals are held in the Civic Hall in Leeds.

You are told the date and time of your appeal 10 school days in advance. You will be sent a written statement seven days before your appeal is heard. Any information which you have provided in advance will also be sent to the panel members.

Who will be present at the appeal hearing?

It is important that, wherever possible, you attend the hearing – it is very helpful for the panel hearing your appeal to hear why you want your child to attend a particular school. You can also bring someone to help you make your case, such as a friend, relative or other adviser. You are encouraged to attend appeal hearings although it is possible for an appeal to be heard in your absence if you do not attend.

A representative of the local authority will attend to explain the position. The headteacher of the school might attend to clarify any factual matters about the circumstances at the school.

A clerk is present at all times during the hearing. Their job is to make sure that the correct procedures are followed and that the appeal hearings are carried out fairly. They take notes of the hearing for the use of the panel only, and advise on matters of procedure. They play no part in deciding your appeal and will remain with the panel when they make their decision. At no time will either you or our representative be left alone with the panel.

What happens at the appeal?

Your appeal will be heard in private and the proceedings are confidential. The appeal hearing is a formal meeting and follows a set procedure. The chairperson will be strict about who can speak and when questions can be asked. However, the chairperson will always try to hold the hearing in a friendly way and guide you through the whole meeting.

How will the appeal be conducted?

Types of appeal

There are three types of appeal.

Class size appeals: The government has passed a law which means that there can only be 30 children in an infant class (Reception, Year 1 or Year 2) with one qualified teacher. You can still appeal for a school place although the grounds are limited. In each case it is up to you to prove your case to the panel.

1. You must show that we broke our own rules which are published in the ‘Starting School’ booklet, either deliberately or by mistake. If your child would have gained a place had the rules been correctly applied then the Appeal Panel can allow your appeal.

2. You must prove that the rules that we have published in the ‘Starting School’ booklet are contrary to mandatory provisions in the School Admissions Code and the School Standards and Framework Act 1998. If your child would have been offered a place had the admission arrangements complied with the mandatory provisions then the Appeal Panel can allow your appeal.

3. You must prove that Education Leeds acted unreasonably. For a decision to be unreasonable it must be completely illogical or perverse.

If you cannot prove any of the above then your appeal will not be successful.

Grouped appeals: Where many parents appeal for the same school at the same time. The part of the appeal where the officer puts the case for refusing admission will be heard before a group of parents. After this stage parents then have an individual meeting with the panel where they can put their case.

If we are holding a grouped appeal, we will let you know beforehand.

Individual appeals: Where you attend the hearing without any other parents being present at any stage.

Stage One (about the school's circumstances)

• The Chair will welcome both parties and introduce those present.
• The clerk then explains the procedure to be followed and what will happen next.
• Our officer will present the case explaining why we did not offer you a place at your preferred school.
• Panel members and you may ask questions about what has been said.

Stage Two (about your circumstances)

• The Chair will then ask you to give your case.
• The panel and the our officer may ask you questions on what you have said about your personal circumstances and reasons for admitting your child.
• Our officer will sum up the case.
• You will then be asked to sum up and you always have the last word.

When will I know the decision of the panel?

The clerk will write to you as soon as possible. You will only be given a decision in writing.

How can I get further information?

If you would like more details on school admissions appeals there is a booklet available “School Admissions Appeals” to view or download from our website www.educationleeds.co.uk/admissions. or contact the admission team. For independent information about admissions appeals contact the Advisory Centre for Education (ACE) at www.ace-ed.org.uk.

Is the appeal decision final?

The decision of the appeals panel is final and we and the school must keep to it.

If you feel that the appeals panel or Education Leeds has not followed proper procedures in the appeal hearing, you can complain to the Local Government Ombudsman.