You are legally entitled to appeal. Success at the appeal stage depends on the strength of your case and the type of appeal that is taking place (see previous question); each appeal is considered on a case by case basis by the Panel.
There are 2 types of school admission appeal: ‘Infant Class Size’ appeals and ‘Efficient Use of Resources’ appeals.
The independent Appeal Panel considers ‘Infant Class Size’ appeals differently from other year groups. ‘Infant Class Size’ restrictions are rules that apply to all appeals for Reception, Year 1 and Year 2. These rules apply if your child’s admission has been refused because the class has reached its legal limit of 30 children per school teacher.
There are extremely limited grounds on which an appeal may be upheld. Parents/Carers can find it frustrating when they realise that the powers of the Panel are limited. We are therefore drawing this to your attention now so that you can make an informed choice about whether you wish to appeal or not. The purpose of this information is to explain clearly the role of the Appeal Panel and not in any way discourage you from appealing, which of course is your legal right if you feel you have ground to do so.
If you have been refused a place under the implementation of the Infant Class Size Regulations, then the Appeal Panel can only decide in your favour on 2 grounds i.e:
- if there was a mistake made in the Admissions process which affected the allocation of a place to your child
Or
- if the admission authority has not acted in a “reasonable manner” in refusing to allocate a place at your preferred school.
If the Appeal Panel agrees that you have made a case on any of those grounds then they will grant your child a place at the school. If you have not proved your case according to any of those criteria, then your appeal will be refused.
The Code of Practice defines not acting in a “reasonable manner” as “perverse in the light of the admission arrangements”, i.e. beyond the range of responses open to a reasonable decision maker, or a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question could have arrived at it.
The Local Government Ombudsman states that a decision that makes it impossible for you to transport all your family to school on time, or even impossible for you to continue working, is very unlikely to be “perverse”. The courts have established this. If the admissions authority refused a place to a child whose family had had to move house under a witness protection scheme, a panel might decide that the decision was perverse. This would be the panel’s decision and this would not be questioned if the Panel followed the correct procedures in reaching it (please see the ‘Local Government Ombudsman’ webpage).
For ‘Efficient Use of Resources’ appeals, the independent appeal panel will weigh up whether or not your circumstances outweigh the admission authority’s circumstances.