How to Guide. School Admission Appeals

Transcription

1 Promoting Children s Rights How to Guide School Admission Appeals Coram Children's Legal Centre is a Newsletter Date unique, independent national charity Volume 1, Issue 1 concerned with law and policy affecting children and young people. Knowing where to turn and what options are available, can be very difficult for any parent wishing to secure their preferred school placement for their child. This how to guide is designed to help parents explore their options and navigate their way through the school admissions appeals process. My child has not been offered a place at my preferred school, what are my options? Waiting lists A child s name can be added to the waiting list for any schools that the parent has applied for but for which a child did not get offered a place. Admission Authorities must keep a waiting list for at least one term and parents can ask the Admission Authority how the waiting list is to be ordered. It is important to note that children can move down waiting lists if other children who have greater priority, as per the admission authorities criteria, join the list. Parents must renew their child s place on the waiting list every school year. Applying to other schools If there are other schools that a parent did not previously apply for, but that they would prefer to the school they have been offered a place at, they can ask their Local Authority Admissions Department if there are places available. If not, the parents can still apply and join the waiting list and/or appeal for a place at that school. Appealing for a school place Parents have the right to make an appeal to an appeal panel and state why their child should attend their chosen school even though it is at capacity. School admission appeals must be carried out in accordance with the School Admission Appeals Code Key terms Admissions Authority: this is body that deals with admissions for the school (see below for who the admissions authority is for different types of schools) Published Admissions Number or PAN: this is the number of pupils that the school can admit into each year Net Capacity: the total number of pupils the school has been assessed as being able to admit Admissions Criteria/Policy: these polices set out the admissions number for the school and the oversubscription criteria which will set out how applications will be prioritised if the school is oversubscribed. Choice Advisors/Advice: the Local Authority have a legal duty to provide advice and help to parents who are applying for a school place. They may employ Choice Advisers to carry out this role This information is correct at the time of writing [September 2014]. The law in this area is subject to change. Coram Children s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may photocopy information in CCLC publications for their personal use. Professionals, organisations and institutions must obtain permission from the CCLC to photocopy our publications in full or in part.

2 Page 2 Finding the relevant Admission Authority Type of School Who is the admission authority? Who is responsible for arranging/ providing for an appeal against refusal of a place at a school? Academies Academy Trust Academy Trust Community Schools Local Authority Local Authority Foundation Schools Governing body Governing body Voluntary aided schools Governing body Governing body Voluntary controlled schools Local Authority Local Authority The appeals system Right to appeal If a child has been refused a school place the parent must be told in writing why their application was unsuccessful and of their right to an appeal. The timing of any application for a school place does not affect the right to make an appeal. Appeals can be made even if the parent has already accepted another school place and the parent can appeal for more than one school. There are exceptions to this: If a child has been permanently excluded twice in the previous two years and is not offered a school place you may not be able to appeal. If a child has challenging behaviour and parents apply outside the normal admissions round a school may refuse the application in certain circumstances. There is still a right to appeal. If a child s behaviour is related to a disability parents could make a claim for disability discrimination. In both these cases, parents should take further advice. What appeal panels will consider For most appeals, panels will consider: Whether any mistakes were made in applying the admission arrangements and if the school could take extra pupils. Whether the admissions arrangements are lawful. The panel must refer to the Local Authority and the Admissions Authority for the school, any admission arrangements that do not comply with the law. Finally, whether the problems faced by a child if they do not go to the school, outweigh the problems the school Will face if they have to take the extra child. If the problems caused to the child outweigh those caused to the school the parents appeal will be successful and their child will be offered a place. Appealing about a place in an infant class Reception classes and years 1 and 2 are known as infant classes. There is a legal limit for class sizes in these year groups of 30 children per teacher. When children are refused a place in these year groups on the basis that admitting them would breach the legal limit of 30 parents can make an infant class size appeal.

3 Page 3 An appeal panel for an infant class size appeal can only look at: The lawfulness of the admissions arrangements Whether a mistake was made in not offering a child a place and/or If it was unreasonable to refuse an application Legally unreasonable has a narrow meaning, an admissions authority would have to be shown to have made a decision which is not rational in light of it s legal responsibilities and be a decision that no other reasonable admissions authority would have taken. Not all applications for infant class places will be refused on infant class size grounds. Infant class size appeals are only used when the reason for the application being refused is due to a breach of the class size rule, for all other reasons parents should follow the normal appeals procedure. Time frame for appeals Admissions authorities must publish an appeals timetable on their website by no later than the 28 th of February each year. Admissions authorities can set their own dates within the constraints of the Admissions Appeals Code. Any appeal deadline must be at least 20 school days from being informed that an application was unsuccessful. Type/date of application Normal admissions round (primary and secondary) Late applications in normal admissions round Sixth form (offers conditional on exam results) Sixth form (unconditional offers) In year admissions Hearing to be held within: 40 school days of deadline for lodging appeals 40 school days of deadline for lodging appeals if possible or 30 school days of appeal lodged 30 school days of confirmation of exam results 40 school days of deadline for lodging appeals 30 school days of appeal being lodged Parents can expect to receive notification of their appeal and information related to the hearing according to the following timetable: Notification duty Deadline for lodging appeals calculated from the date of notification that the application was unsuccessful Written notice of appeal date and arrangements for hearing Further evidence to be submitted by appellant; deadline to be notified with date of appeal Admission Authority must supply all relevant documents to the clerk Clerk must send papers to all parties, including names of panel members Clerk or chair must send decision letter to all parties Time limit (at least) 20 school days 10 school days before hearing According to timetable published by Admission Authority According to timetable published by Admission Authority A reasonable time before hearing According to timetable published by Admission Authority As soon as possible and not later than 5 school days without good reason

4 Page 4 Parents can expect to receive notification of their appeal and information related to the hearing according to the following timetable: Notification duty Deadline for lodging appeals calculated from the date of notification that the application was unsuccessful Written notice of appeal date and arrangements for hearing Further evidence to be submitted by appellant; deadline to be notified with date of appeal Admission Authority must supply all relevant documents to the clerk Clerk must send papers to all parties, including names of panel members Clerk or chair must send decision letter to all parties Time limit (at least) 20 school days 10 school days before hearing According to timetable published by Admission Authority According to timetable published by Admission Authority A reasonable time before hearing According to timetable published by Admission Authority As soon as possible and not later than 5 school days without good reason How to lodge an appeal Parents will receive a letter stating that their child has been turned down for a school place. This letter must tell them of their right of appeal and include details of how they can make an appeal and where to get further information. An appeal form may be included with the letter. However it may be the case that the parents have to contact the Admissions Authority, in writing, stating they wish to appeal. All appeals must be made in writing, this will start the appeal process. Parents should send a letter of appeal to the Admissions Authority for the school. Parents must be given at least 20 school days to send in written appeals. There is no legal time limit regarding late submissions, but as a result there may be a delay to any appeal being heard. Parents must set out clearly in writing when lodging their appeal why they are appealing i.e. their grounds of appeal, and enclose any supporting documents/evidence. For most admissions appeals, the grounds should highlight: If applicable, why the admissions arrangements do not comply with the mandatory requirements of Code or School Standards and Framework Act If applicable, why the admissions arrangements have not been applied correctly in their case and why they believe the child would have been admitted if they had been applied correctly. Any points challenging the admissions authority s contention that to admit additional child/children would cause prejudice the provision of efficient education or the efficient use of resources. The reasons for expressing a preference for the school, including what that school can offer the child that the allocated or other schools cannot.

5 Page 5 If it is an Infant Class Size Appeal, the grounds should address: If applicable, why the admission of an additional child/additional children would not breach the infant class size limit; If applicable, why the admission arrangements do not comply with the mandatory requirements of Code or School Standards and Framework Act 1998 If applicable, why the admissions arrangements were not correctly and impartially applied and that the child would have been offered a place if the arrangements had complied or had been correctly and impartially applied Why the decision to refuse admission was not one which a reasonable admission authority would have made in the circumstances of the case. The reasons for expressing a preference for the school, including what that school can offer the child that the allocated or other schools cannot. Parents can submit brief reasons for appeal initially and then submit further more detailed grounds of appeal at a later stage if they require time to gather further evidence. However, any further grounds of appeal and/or documents they wish to rely upon should be submitted to the appeal panel by the deadline for the submission of any further evidence as set out in the notification from the admissions authority. Preparing an appeal case Checking admissions arrangements A schools admission arrangements must comply with the School Admissions Code 2012 and the relevant law; The School Admissions Appeals Code 2012, School s Standards and Framework Act 1998, Equality Act 2010 and Human Rights Act 1998, to be lawful. The admission arrangements must be published in the Local Authority guide or Prospectus to local schools. This can also be known as oversubscription criteria. This must also be available on the Local Authority website. Parents are entitled to request the Local Authority Admissions Department provide a printed copy. For most schools, the oversubscription criteria are only used if there are more applications than number of places available. Schools which are fully selective on academic grounds may refuse an application if a child has not met the school s selection criteria, even if the school is not full. Faith schools can give priority to children of the same faith as the school but may also have criteria which allow children of other faiths and denominations or children in the local community to be offered places. Although schools can take into account any selection and faith criteria, they must give first/top priority to children in care, or Looked after Children. From September 2013 onwards they must also give priority to children that have been previously looked after but have been subsequently adopted or made subject to a Special Guardianship, Residence Order, or a Child Arrangements order. Other oversubscription criteria could include: Measurement of distance from the school: how home to school distance is measured must be clearly set out in the oversubscription criteria Catchment Area: this must be reasonable and clearly defined. Parents who live outside the catchment area may still apply for school places Medical/social reasons: the oversubscription criteria must explain clearly how the admission authority will define this need and give clear details about what supporting evidence will be required (e.g. a letter from a doctor or social worker) Having a brother or sister at the school Attending a feeder school : Admission authorities may name a primary or middle school as a feeder school but this must be transparent and made on reasonable grounds.

6 Page 6 Unlawful discrimination Admission Authorities cannot discriminate at any stage of the admissions process. Under the Equality Act 2010 the Admission Authority will have acted unlawfully if they refused to grant a child a place on the basis of protected characteristics, such as race, disability or gender. There are some exceptions to this for single sex and faith schools. If a parent believes that an Admission Authority has dealt with their child s application differently to any other child because of a disability their child may have, they may be able to make a claim for disability discrimination. Parents that believe their child has been treated less favourably for such a reason can include this as part of their appeal. If any mistakes have been made If a parent believes that a mistake has been made with regards to a child being given correct priority and their child should have been offered a place, they should contact the Admissions Authority immediately. This could be if the child has not been considered properly with regards to any medical need, sibling, catchment or religious criteria. If the Admission Authority agrees that a mistake has been made, the child may be given a place in the school without an appeal. If the Admission Authority doesn t agree or parents do not agree with what is written in the appeal papers when they receive them they can present these reasons as part of an appeal case. Checking information about the school The set number of places to fill by the school is called the Published Admission Number (PAN). Parents can request this information from the Admission Authority. This can also be found in the Local Authority prospectus for schools. Unless the school is a fully selective school, all places must be filled before a child can be refused a place. If a child has been refused a place based on prejudice this is because the school is full, and the school will argue that another child will mean larger classes which will increase teachers workload and overstretch equipment and space. There are generally two types of prejudice stated for refusing a school place: 1. Prejudice to the efficient education or efficient use of resource. This is where an Admissions Authority is of the opinion that admitting a child will have an adverse impact on the schools ability to efficiently use their resources to provide an education for pupils at the school. 2. Infant Class Size Prejudice. This is where admitting a child would breach the legal limit of 30 pupils per qualified teacher. School s have to show taking steps such as hiring another teacher would be too expensive or again have an adverse effect on the education of pupils. Before any appeal hearing parents should be sent information about the school. This information should contain such details as the number of staff at the school, number or pupils on the school roll, the size and capacity of classrooms and information on the layout of the school. Parents who do not receive these details can contact the Admission Authority and request they provide them. The information that is important to consider/obtain is: the admission number for each relevant age group; the actual number of pupils in each age group; the number of pupils on special educational needs register; the average capacity of classrooms; the width and safety of corridors and stairwell; the capacity of common areas; whether school is fully staffed with teachers; ask for a copy of the school s Net Capacity Assessment

7 Page 7 When putting together an appeal the parent should consider the capacity and layout out of the school and whether or not this shows that the school can actually take extra pupils above the Published Admissions Number, or in Infant Class Size appeals accept pupils up to the limit of 30. Parents can also try to find out if there are any future alterations planned, such as differing use of existing facilities or building new ones, that may affect a schools capacity. Parents can also check the number of pupils in each year group to check whether or not the school has successfully managed to take extra pupils previously. Information on how many appeals were successful in previous years can also be requested from the Admission Authority to show that extra pupils can be admitted without causing prejudice. Gathering and considering the schools information is important as the admissions authority must be able to demonstrate that prejudice will be caused over and above the fact that the published admission number has already been reached. About your child Parents may argue that the needs of their child are so significant that they override the needs of the school to maintain classes of a particular size. In other words, the problems faced by their child if they do not go to the school outweigh the problems faced by the school if the school has to take an extra child. Arguments should be based on reasons why their child's needs outweigh the needs of the school to maintain classes of a particular size. Parents need to provide the panel with a description of their child to demonstrate why they need to attend the school in question. Points may include: Health problems Social problems e.g. shyness, victim of bullying Family problems Emotional problems e.g. anxiety, low self esteem Difficulties with learning such as any special educational needs or a disability Previous problems at school e.g. difficulties attending school, bullying Any recent changes Arguments including the child's talent, suitability for school, type of education offered at the school, deficiencies of alternative schools or the disappointed expectations of parents are not relevant and may not be taken into account by the appeal panel when arriving at their decision. We would advise parents not to make such arguments at the appeal. Parents should think how to prove their points and may wish to consider: any reports that back up their case will anyone independent, like a doctor, send a letter that agrees with their case will anyone like a youth worker come as a witness does the school profile, school prospectus, inspection report or any school policies help support the parent's case e.g. special educational needs policy or bullying policy The appeal hearing Having support at a hearing Parents must take all steps to attend the appeal hearing. If a parent wishes to have someone with them they could request a friend, an adviser like a Choice Adviser, a locally elected politician, or someone who works for the Local Authority like a social worker or a mentor. This person must not have a conflict of interest. If a parent wishes to bring someone with them or if they are represented they should inform the Clerk in advance of the meeting. If a parent needs a translator or signer the clerk should also be contacted. The necessary arrangements must be made and funded by the Admissions Authority. Children can attend the hearing as a witness if parents feel it is necessary. The panel will then decide whether it is appropriate for the witness to remain after their evidence has been given.

8 Page 8 Procedure at the hearing There will be at least three people on the appeal panel who will have received training. There are legal rules with regards to who can or can not be a member of an appeal panel. One or more members will have experience in education, or be the parent of a child at school. A Clerk will be there to explain procedures, take notes and to ensure that the hearing is conducted properly and fairly. A typical hearing would be ordered as follows: 1. The Clerk will explain the procedure and answer questions the parent may have. 2. Everyone present will be introduced. 3. The Admission Authority representative will put their case forward. The Parent will be able to ask questions. The head teacher/governor from the school will also attend the hearing in order to answer specific questions about the school. 4. The parent will present their case. The Admission Authority representative can then ask the parent questions. Panel members can ask questions at any time. 5. Both parties sum up their case. Multiple Appeals If there are a large number of appeals for one school it is common for these appeals to be dealt with together. Multiple appeals are when a number of appeals have been received in relation to the same school. Admission authorities must take all reasonable steps to ensure that multiple appeals for a school are heard by one panel with the same members. For most admissions appeal, the first stage will be held with all appellants present and all will have an opportunity to ask questions. If the panel is satisfied that prejudice would be caused then it will be necessary to move to the second stage. At this stage, the panel must hear all appeals individually and in private, and consideration given to whether the admission arrangements were properly applied. Panels must not take decisions until all the appeals have been heard. For Infant Class Size appeals, the admission authority s argument that admitting additional pupils would cause infant class size prejudice can be heard once in the presence of all appellants. If the panel is satisfied that the infant class size conditions are met, the panel proceeds to consider the appeals of the individual parents, without the presence of the others. If infant class size prejudice is not proven, the panel must decide which children should be admitted before infant class size prejudice arises, and then consider all remaining appeals as infant class size prejudice cases. Panels must not make decisions until all the appeals have been heard. The panel s decision For all appeals, except infant class size appeals, the panel must follow a two-stage process when reaching a decision. Stage 1 looking at the decision: The panel considers: Whether the admission arrangements (including the area s co-ordinated admission arrangements) complied with the mandatory requirements of the School Admissions Code and Part 3 of the School Standards and Framework Act (SSFA) 1998; Whether the admission arrangements were correctly and impartially applied in the case in question. Whether the admission of additional children would prejudice the provision of efficient education or the efficient use of resources. If there has been a mistake and the child concerned should have been offered a place, or if the school can take additional children, the panel will uphold the appeal at Stage 1.

9 Page 9 Stage 2 balancing the arguments: At this stage the panel must balance the arguments and consider whether the parents reasons as to why a child should go to the school, outweigh the prejudice caused to the school by admitting an extra pupil. In that case the panel will need to compare the cases and uphold those with the strongest case for admission. Infant class size appeal For Infant class size appeals the panel only consider: If the admission arrangements comply with the requirements of the School Admissions Code and the School Standards and Framework Act 1998 Whether the place was refused in error and/or If the decision to refuse admission was unreasonable Whether the admission of an additional child/ children would breach the infant class size limit The panel can only consider information that the Admission Authority has available when they made their original decision, unless parents can submit new information to the panel showing that the Admissions Authority acted unreasonably or did not correctly apply the admission arrangements. An unreasonable decision by an admission authority is a decision which is not rational in terms of its legal responsibilities or is outrageous in its defiance of logic. It is extremely difficult to win an infant class size appeal on this ground. When making a decision, the panel must have consideration of all relevant circumstances, including: Published admission arrangements Parents stated preference A family s and child s particular circumstances The practical consequences for the school if an appeal was successful If more than one child is successful in an infant class size appeal for the same class the panel must proceed to a second stage where they will compare the cases. If an Infant Class Size appeal is successful and the class will have 31 pupils in it the Admission authorities have to take measures for the following year to ensure that the class falls within the infant class size limit e.g. employing another teacher and creating a new class. Informing parents of a decision Parents should be sent a letter as soon as possible after the panel has made their decision. The letter must give detailed reasons for the decision reached and give parents details of how they can complain if they believe the hearing has not been conducted properly. If an appeal is successful the child will be offered a place at the school. The panel cannot attach any conditions to this offer. If an appeal is unsuccessful Can a parent appeal again? A further appeal is not normally possible as Admissions Authorities do not accept additional applications in a single school year. Although, if there is a significant change in a family and child s circumstances parents may be able to apply again, if they are again turned down they would have a further right of appeal. Parents may make a fresh application for admission in the next academic year.

10 Page 10 Complaints about the appeals process Local Government Ombudsman (Maintained schools only) If a parent believes that the Admission Authority has been guilty of maladministration by failing to follow procedures correctly or not acting in a fair and independent manner they can make a complaint to the Local Government Ombudsman (LGO). The LGO can only deal with complaints regarding maladministration and not with issues where the parent believes the wrong decision had been reached. Parents must lodge their complaint within a year of the issue subject to the complaint i.e. the panel s decision. The LGO is not in a position to overturn any appeal panel s decision, but they can recommend that the parent be allowed a new appeal. Complaints about academies Complaints about academy schools in the admissions process must be made to the Education Funding Agency. Complaining to the Secretary of State for Education Parents can also progress complaints to the Secretary of State. Again, they cannot directly overturn an appeal panel s decision, but they can consider whether the panel was properly constituted and whether the Admission Authority acted unreasonably through the process. Judicial Review If the parent or guardian feels that a panel has made a clear mistake of law, has been unreasonable or has breached the rules of natural justice, they may be able to apply for Judicial Review. The court will look at the lawfulness of the decision and could overturn any decision or direct a new appeal hearing. Any application for judicial review should be made promptly but at least within three months of the date of the decision. Parents would be strongly advised to consult with an education law solicitor over any potential application for Judicial Review. Free Legal Advice from Coram Children s Legal Centre We offer advice on many areas of family, child and education law. This includes: Divorce and separation; family breakdown; mediation; parental responsibility; custody and shared residency; parent and child contact; kinship care; adoption; children s welfare; domestic violence. Children at risk of going into care, in care and/or leaving care, child protection procedures; looked-after children; contact with looked-after children; local authority support services to children in need; those at risk of homelessness and statutory complaints. School issues, including advice on all aspects of state-funded education for children of statutory school age e.g. admissions and appeals; attendance; bullying; complaints; discrimination; exclusions; transport. Similar school issues for children with disabilities / special needs, plus legal issues relating to special educational provision; transport; learning difficulties and education tribunal processes. Child protection, smacking. Leaving children home alone. Child employment. Child Law Advice Line Coram Children s Legal Centre