Please note there is a new Appeals Code and revised advice will be available soon.
Whenever Governors refuse admission to a child because their admission number is exceeded, the parents have the right to appeal to an independent panel (unless the child has been permanently excluded from two schools with at least one exclusion after 1 September 1997).
The appeal panel is an independent body, unconnected with the Diocese, LEA or governing body, even though it may be clerked by an officer of the Local Authority. The Local Authority often make the arrangements on behalf of the governing body.
The clerk must be approved by the LEA.
When you refuse a place, you must tell parents about the appeals procedure.
The appropriate officer from the Local Authority should be notified as soon as possible that appeals are expected.
Appeal documents should be returned to the clerk of the appeals panel.
One governor (or a representative of the governing body) must put the governors' case to the panel.
It is for the Governors to show that parental preference should be overruled.
Further information is available in School Admission Appeals Code of Practice from DfES (Ref DfES/0030/2003).
Contents of this section:
For most schools, the LEA or Borough/County Solicitor acts as Clerk for Appeals Panels and will make all necessary arrangements. The DBE has co-operated with LEAs in recruiting appropriate members for Appeals Panels. Schools may arrange their own Appeals Panel, but the LEA must approve the Clerk. Schools are strongly advised to use the Authority's facilities whenever this is possible.
The panel will usually have three members (a membership of five is permitted):
· At least one lay member - without personal experience in the management of any school or the provision of education in any school (disregarding experience as a governor or in any other voluntary capacity.)
· At least one member who has experience in education; is acquainted with educational conditions in the area; or who is a parent of a registered pupil at a school.
· One member will act as chairperson.
The clerk will:
· make the necessary arrangements concerning membership;
· ensure the relevant facts are presented and the running order of business;
· be an independent source of advice on procedures, decision and reasons;
· record the proceedings and notify all parties of the panel's decision.
The following people are disqualified from membership of the appeal panel:
· Any member of the LEA or governing body of the school;
· Anyone, other than a teacher at another school, employed by the LEA or the governing body;
· Anyone who has, or has ever had, any connection with the LEA or the school, or with any employee of the LEA or the governing body except a teacher, such that doubts might be reasonably raised over his or her ability to act impartially regarding the LEA or the school.
Appeal panel members are eligible to receive travel and subsistence allowances in certain circumstances. They can also be compensated for financial loss, with a payment (not exceeding the prescribed amount in the Local Authorities (Members Allowances) Regulations 1991) for any loss of earnings that arise as a result of attending an appeal panel.
LEAs must allocate reasonable funds to governing bodies of schools to meet admission and admission appeals costs, unless the school and LEA agree that the LEA should itself carry out the administration on the governing body’s behalf, free of charge to the school.
Governing bodies are required to indemnify the members of any appeal panel against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith whilst acting as members of the appeal panel. Governors should ensure they have a Legal Indemnity Insurance Policy which covers them.
PREPARING FOR THE APPEAL PANEL
You will be notified of the appeal date and venue by the clerk and given at least 14 days' (10 working days’) notice. This should normally be within 30 school days of an appeal being made or within 30 school days of the specified closing date for receipt of appeals.
The clerk will send to the Governors the parents' notice of appeal which is a written statement of their case.
The clerk will arrange for an interpreter if necessary.
The Governors must prepare a written statement of case. If admission has been refused because the Class Size limit would be breached this should be clearly stated. Otherwise, there should be a general case establishing why the admission of any additional child(ren) will prejudice the provision of efficient education or the efficient use of educational resources. A separate form with guidance is provided to assist governors in preparing their statement of case. (See next section for further advice.)
IT IS FOR THE GOVERNORS TO SATISFY THE PANEL THAT PARENTAL PREFERENCES SHOULD BE OVERRULED.
THIS IS DONE BY PROVING THAT PREJUDICE TO THE EFFICIENT USE OF RESOURCES WILL OCCUR IF THE CHILD IS ADMITTED.
Governors must send to the parents, panel members and the clerk (by first class post or personal delivery), at least 7 days(5 working days) before the hearing, their statement of case and any documents that they will be presenting at the hearing. Any documentation sent to parents should be as clear and as easy to read as possible.
One governor (or someone representing the governors) must prepare and put the governors' case to the panel. This governor should not be the headteacher as this could adversely affect relationships should the child be admitted subsequently.
THE GOVERNORS' STATEMENT OF CASE
The Governors' written submission should include:
1. A map of the area showing:
a. The School;
b. Neighbouring schools of the same phase (e.g. infant);
c. The parish boundary;
d. The homes of the appellants.
2. Statistical information about your school including*:
a. The published admission number and standard number for the year concerned;
b. Total anticipated number on roll when all pupils have been admitted in the year in question;
c. Numbers in each class throughout the school and the admission limit of each year group.
If the admission of an additional child would conflict with the requirement to comply with the infant class size limit this should be clearly stated.
If the number of applicants is less than the published admission number the child must be admitted.
3.a. A copy of the original application form and any accompanying material supplied to parents.
b. The Admission Policy and an accompanying statement about its implementation in the current situation. This should include the numbers of children admitted in each admission category.
c. A copy of the Governors' "refusal letter."
4. A summary of the reasons why the admission of additional children will prejudice the provision of efficient education or the efficient use of resources. This should be expanded at the appeal hearing (these may vary from one appellant to the next in the case of multiple appeals).*
*A sample pro forma is provided at the end of this section which would include this information.
Example summary 1 (Class size limit breach)
This appeal is for admission to the 4+ age group at .......... CE Aided Primary School.
The Governors have not been able to admit name to the school because the admission limit of this age group has been reached.
The 4+ class will have n children and to admit more would breach the maximum class size permitted under the Government's legislation.
Example summary 2 (Rejection based on the admission limit being passed)
This appeal is for admission to the 4+ age group at .......... CE Aided Primary School.
The Governors have not been able to admit name to the school because the admission limit of this age group has been reached.
The family do not have any other children in the school at present.
The 4+ class will have n children and to admit more would make the task of class management more difficult. The Governors believe that it would prejudice the provision of efficient education for the children already admitted to the class to admit any further pupils.
In fact, y applications were received for x places and so z (= y-x) children have had to be refused.
These z children were
a) ... from admission category ... who lived furthest from the school,
b) ... from category ... and
c) ... from category ....
Other information as will be presented by the Governors at the hearing is enclosed.
The appeal is normally held in private. The appeal should be held at a venue reasonably accessible to the parents (remembering the needs of people with disabilities) and preferably not in an Education Department or the School.
The parent(s) may appear in person or may elect to rely on written submissions. They should be allowed the right to be accompanied by a friend or be represented. It is inadvisable for them to have legal representation as the hearing is informal, but they may so choose.
If they are being accompanied or represented, they should advise the clerk in advance.
If parent(s) have indicated they are to attend but are then absent and it is not reasonably practicable to offer an adjourned hearing date, the appeal will need to be decided on the information available.
In the case of multiple appeals, each case is heard separately, but no decision is given until all appeals are heard.
At the beginning of the hearing, either the Chairman or the Clerk should:
· welcome the parties and introduce those present;
· explain the procedure;
· explain that the panel is independent of the Governors and its findings are binding on the Governors;
· make the parents (and their representatives) feel as comfortable as possible;
· explain that the clerk may be called upon to give legal or procedural advice to the panel during the course of the hearing and when they retire to consider their decision.
The order of proceedings is then:
a. Governors make their case in general terms.
b. Parents ask questions on the Governors' case.
c. Panel members may ask questions at any time.
In relation to primary schools ages under 8, if the governors have refused admission on class size prejudice grounds, the panel can only uphold the appeal if the decision not to admit was unreasonable or the admission arrangements were not properly implemented. Otherwise the appeal is rejected at this stage.
If the appeal is not rejected on class size grounds, the panel may adjourn at this stage and determine if "prejudice" on other grounds has been proved. If it has not, the appeal will be upheld without the parents having to make their case and the children) will be admitted.
d. Parents make their case. It should not normally be necessary for a child or other witnesses to attend, although the panel may allow witnesses to give evidence if it is relevant and not repetitive;
e. Governors' representative asks questions.
f. Panel members may ask questions at any time.
g. Summing up by Governors' representative.
h. Summing up by Parents.
i. The panel will adjudicate.
If at any point the panel wish to ask further questions of either party, then both parties must be present.
The panel may ask appellants to wait to be informed verbally (not in the case of multiple appeals) of its decision (confirmed in writing), or the clerk may notify them in writing.
Before the panel retire to make their decision, the Chairman should again explain the role of the clerk to the parents:
· to remain with the panel and offer them advice on procedure or law;
· to assist the panel by reference to his / her notes;
· to record the panel's decisions and reasons for their decisions.
THE PANEL'S DECISION IS BINDING ON THE GOVERNING BODY.
The Governors have a duty to represent the other children in the school and their parents, as well as their employees (staff). If a school is over full, everyone suffers. You have a duty to these other people to present your case as best you can.
In addition to explaining the information supplied in written form to parents and the panel, the Governors may wish to make comments along some of the following lines:
· Putting one more child into a classroom may not just mean one more place at a table, it may mean an additional table, thus reducing the area available for everyone, including the dining hall. The amount of time that a teacher can spend with each child is reduced from x minutes to y minutes by one extra child.
· One more child here is one less somewhere else.
· Any relevant comments by inspectors, advisers, OFSTED inspectors or HMIs.
· Comments received as a result of consulting with the class teacher. • Toilets.
· Size of playground.
· The special need (as in "Child Centred Education") of children in your area.
· Knock on effects throughout the school, e.g. "if one more child means one more class this year, that may mean one less class next year".
· No more classrooms, so no more staff.
· One more teacher here may mean a redundancy at another school where children could have gone (i.e. efficient use of resources through the area).
· You may wish to use photographs, videos or building plans to make the point about overcrowding.
· If the child has been allocated a place at an alternative school, this may be brought to the panel's attention.
· The policy and admission limit has been agreed with neighbouring schools, the LEA and the Diocese.
In your summing up, you might wish to make the following points:
· The admission number is the capacity of this age group.
· The importance of objectivity against emotion, and your responsibility for the other children in the school. This includes the responsibility to be fair to all applicants including others who have been refused places and may have an equally good (or better) case for a place at the school.
· The educational arguments for smaller class sizes and the problems of delivering the entitled curriculum in large classes of primary children. Reference may be made to the assessment requirements of the National Curriculum.
Throughout your presentation you need to reassure parents that, if their children are admitted on appeal, they will be welcomed and cared for just like all the other children in the school, nevertheless...
The Panel must consider:
· All representations by the parties;
· The preference expressed by the parents;
· The admission arrangements of the Governors.
The panel must comply with parental preference except when to do so would prejudice the provision of efficient education and/or the efficient use of resources or the class size limit will be breached. Prejudice can only apply if the admission number is exceeded in the age group. Unless the governors satisfy the panel that this is the case, the child must be admitted.
The decision is normally made in two stages:
(1) The Factual Stage - Has the school proved that prejudice will occur if a further child is admitted? If the class size limit will be breached, the appeal is rejected at this point. The clerk records their findings on this point.
(2) The Balancing Stage - between the prejudice to efficient education and the extent of the applicability of parental factors. The clerk again notes the findings if this point is reached.
The panel should attempt to come to a unanimous verdict, otherwise a majority verdict will be necessary. (The Chairman has a casting vote).
The decision and the grounds for the decision must be communicated in writing to all parties (although an oral decision may additionally be given at the hearing).
In the grounds for the decision, the two-stage process must be indicated (unless the class size limit would have been breached) as well as an adequate explanation as to why the verdict was reached and the criteria applied.
Where there have been material changes in circumstances and the admission authority decides again not to admit the child, the parents have the right to a fresh appeal. To ensure that the parents receive a fair hearing in these circumstances, it is advisable that the panel which hears their second appeal consists of different members.
Complaints to the Local Government Ombudsman
Any parent who is unsuccessful at appeal can take their case to the Local Government Ombudsman but only if they have a complaint about the actions of the appeal panel. The Ombudsman only has powers to recommend a course of action, not compel it. However, Governors should be aware that ultimately parents could seek a Judicial Review.
If the Ombudsman finds that there was a maladministration that caused injustice, it may be proposed that there should be a fresh appeal conducted before a differently constituted appeal panel. It will be recommended that the new appeal panel will have the same powers as the original appeal panel. Governing bodies also may decide to hold a further appeal hearing in response to a complaint.
Although the decision of the original appeal hearing is final, governing bodies can choose to accept the outcome of the fresh non-statutory appeal. It is for them to judge whether or not to do so. However natural justice would make it desirable to accept the second decision.
Complaints to the Secretary of State
The Secretary of State cannot review decisions of individual appeal panels but can consider whether:
· the governing body has acted reasonably in exercising functions in respect of the appeal process; and
· the governing body have failed to discharge any duty imposed on them by the appeals process.
If for example the governing body failed to constitute an appeal panel properly, the Secretary of State can exercise his powers by directing that a properly constituted appeal panel is set up.
Suggested Pro forma for Governors' Written Submission
Admission to Voluntary Aided Primary Schools
Name of Pupil:
Surname Forename(s)
Date of Birth:
Day Month Year
Sex
Preferences expressed for Primary School:
Appeal for place at: Church of England Primary School
GOVERNORS' STATEMENT FOR CONSIDERATION BY APPEALS PANEL
A. Agreed Admission Arrangements
The Governors are responsible for allocating places and this has been done using the following priorities which have been agreed:
B. School details
Name of School:
Published admission number for current academic year - 2005/2006:
Number of preferences expressed:
Number of places allocated and accepted:
Current number of appeals:
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AGE GROUP |
4-5 |
5-6 |
6-7 |
7-8 |
8-9 |
9-10 |
10-11 |
Total |
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Estimated number of pupils on roll in current year (including January intake) |
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Admission Limit for Year Group |
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AGE GROUP |
4-5 |
5-6 |
6-7 |
7-8 |
8-9 |
9-10 |
10-11 |
Total |
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Estimated number of pupils on roll in current year (including January intake) |
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Admission Limit for Year Group |
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The staffing of the school for the current academic year of 2004/2005 is as follows:
Head + ...Teachers
The school has the following accommodation / organisational difficulties:
Governors' submission
The Governors are unable to offer this pupil a place at this school for the following reasons:
Admission to Voluntary Aided Primary Schools
Notes on the completion of the form
1. Admissions agreement
This refers to the annual consultation between the governors and neighbouring admission authorities about the agreed number of pupils per age group for the academic year and to the admissions criteria. The governors should copy out their admissions policy.
2. School details
Fill in the factual information as requested.
Governors should then state accommodation/organisational difficulties. Rather than make a general case about ideal numbers etc., governors should be able to point to specific space problems or organisational problems in specific areas of the school; in order to demonstrate that the admission of more pupils would be detrimental to the efficient provision of education and use of resources.
3. Reasons for refusal of admission
Governors should be as specific as possible. If they have operated a system of ordered criteria then they should state how many children they have admitted under each criterion, how many cases came under the last criterion and how they decided between the last few.
If the class size limit will be breached this should be stated clearly.
The Governors' case must be put by a Governor or representative at the appeal hearing. It is preferable not to use the Headteacher as this can create problems should the appeal be allowed. The person presenting the governors' case must be adequately briefed as to:
· the governors' admission criteria and arrangements;
· how they operated their admission arrangements i.e. how many governors met, when they met, the numbers of those admitted within each admission category etc.;
· the reasons for a refusal of a place;
· the up to date situation at the school in respect of places.