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What to do if you can't get the school you want

If you are not successful in obtaining a place for your child in your preferred school you will have the right to appeal against the decision not to offer your child a place at the school. Your appeal will be heard by an Independent Appeal Panel.

How can I appeal?

In the case of community or voluntary controlled schools, where your child is due to start reception class or year 7 in secondary school at the start of a new academic year,you can appeal against the decision not to allocate your child a place at a school of your choice by completing the appeal form enclosed with the decision letter and return to the Admissions and Exclusions Team.

If your child has been refused a school place in any other year group or in the middle of a school term and you wish to appeal against the decision, you should write to the Admissions and Exclusions Team giving your reasons for the appeal. Alternatively you can contact the Admissions and Exclusions Team directly (contact details given below) and request an appeal form.

If your request for a place at a community or voluntary controlled school has been turned down, you will be offered a place at the next nearest school with one available in the appropriate year group.

In the case of voluntary aided schools,where your child is due to start reception class or year 7 in secondary school at the start of a new academic year,you can appeal against the decision not to allocate your child a place at a school of your choice by completing the appeal form enclosed with the decision letter and returning to the Chair of Governors of the school concerned.

For Academies Parent/Carer(s) have the right of appeal to the Independent Appeal Panel if they are dissatisfied with an admission decision and must comply with the school Admission Appeals Code of Practice. Further assistance is available from the Academies Offices.

If you are not sure whether the school is community, voluntary controlled or voluntary aided, please contact the Admissions and Exclusions team.

Appeal online

Alternatively you can now appeal online using our downloadable forms, see below.

Is there a right of appeal for all year groups?

There is a right of appeal for all year groups apart from nursery, which is non statutory education.

However It should also be noted that The School Standards and Framework Act 1998 introduced statutory limits on infant class sizes (no more than thirty pupils with one teacher).

As a result of the Government legislation, restrictions have been placed on the circumstances in which an Independent Appeal Panel can grant an appeal for admission of a child to an infant class at school.

Independent Appeal Panels have been advised that a child may be refused a place in the required school year on the basis that his or her admission to the school would cause class size prejudice. This means that if the appeal were to be allowed, the class would be larger than thirty children with one teacher and therefore would not comply with the requirements of the legislation.

Appeals against refusal to admit on the grounds of class prejudice can only be granted in the following circumstances:

1. That the decision to refuse admission was not one which a reasonable LA would make in the circumstances of the case
2. That the child would have been offered a place if the admission arrangements had been properly implemented.

No other reasons can be taken into consideration. In view of this information you may wish to reconsider if you wish to appeal.

How long does it take?

Usually appeal hearings can be arranged within four to six weeks. If you are appealing before your child is due to start primary or secondary school for the first time this will take longer. It is important that you register your appeal as soon as possible to ensure that a decision is made previous to the start of the new school year in September.

Who will hear our appeal?

The Independent Appeals Panel can consist of three or five members. Most panels, however are heard with a three member panel. For community, voluntary controlled and voluntary aided schools the panel will include at least one person who has experience of the educational conditions in Salford, and at least one independent lay member.

Who will be at the appeal?

As well as three or five members, usually two officers from the Customer and Support Services Directorate will be present to offer advise to the panel on points of law and procedural matters. They will take no part in the decision making process.

In the case of Community and voluntary controlled schools, an officer from the Children's Services Directorate will attend to explain why a place was not allocated at the school of your choice. The Head teacher and Chairman of Governors may also attend to give additional information.

For voluntary aided schools, the reasons for refusing a place will normally be presented by the Chair of Governors and the Head teacher.

You may wish to take a friend with you to the appeal.

How can I prepare for the hearing?

You may like to make a brief note of what you would like to say to the appeal panel and also to write down any questions you might wish to ask. This will make sure that you do not forget any points you wish to make at the hearing.

What will happen at the hearing?

The hearing will be as informal as possible and the Chairman of the panel will try to put you at your ease. However, certain procedures have to be followed to make sure that everyone making an appeal is given a fair chance to present their case.

The following is a summary of what usually happens:

1. The LA / Governing Body present their case, explaining why your child was not given a place at the school of your choice.
2. You may ask questions.
3. The panel members may ask questions.
4. You present your case, explaining why you feel your child should be given a place.
5. The LA / Governing Body may ask you questions.
6. The panel members may ask you questions.
7. The LA / Governing Body will sum up.
8. You will sum up.

Do I have to attend the hearing?

You do not have to attend, although it is easier to explain your case if you are there in person. If you do not wish to attend you should notify Customer and Support Services.

What if I wish to attend but I am unable to on the date arranged?

You should contact Customer and Support Services Directorate.

What happens next?

The representatives of the LA/Governing Body will leave the meeting at the same time you leave. The panel will then make a decision. In the case of more than one appeal for the same school, the panel will hear all the appeals before coming to any decisions. You will be informed of the decision in writing from the Customer and Support Services Directorate within a few days of the appeal. The Children's Services Directorate do not have details relating to the decisions of the panel.

Can I be represented by a lawyer?

Yes, if you wish, but it is not necessary. The LA / Governing Body will not have a lawyer to present their case.

Is the decision of the appeals panel final?

Yes it is. The decision is binding on both you and the LA / Governing Body. Under normal circumstances it is not possible to have your appeal re-heard unless you can show that it was not dealt with according to the proper procedures.

If you feel there has been maladministration of the appeal you can contact:

Local Government Ombudsman
Beverley House
17 Shipton Road
York
YO30 5FZ

Tel. no: 01904 663200

If my appeal is unsuccessful can I re-appeal?

You cannot re-appeal for a place in the same school, in the same academic year, unless there have been significant or material changes in the circumstances of the parents or the school.

If my appeal is unsuccessful can I re-apply to the school?

In the case of children starting reception class and year 7 class in secondary school in the September of a new academic year, your child's name will remain on the waiting list at the school, unless you request it to be removed. The LA will maintain the waiting lists for community and voluntary aided schools until the end of August , therefore should a place become available at the school and your child's name is next on the waiting list, the LA will contact you. If you have not been successful in gaining a school place at the school of your choice by the end of August, you should contact the school concerned directly at the being of the September to ensure your child's name is placed on their waiting list as the LA do not pass on waiting list details to schools at the start of a new academic year.

If your appeal is for any other year group or in the middle of a school term your child's name will remain on the school waiting list and you will be contacted by them should a place become available and your child's name is next on that waiting list.

For Voluntary Aided schools and Academies you should contact them directly for advise .

Do successful appeals for other children reduce my child's chance of a place?

Appeals places are over and above the published number. The admission process allows places to be given to children (in-line with the published criteria) until the admission number for the school has been reached. Places cannot be allocated to children on the waiting list until the number of children in the schools falls below the published number.

For more information on appeals, please contact the Admissions and Exclusions team on 0161 778 0467 or 0161 778 0415 or email chris.tomlinson@salford.gov.uk.

Admissions and Exclusions Team
Minerva House
Pendlebury Road
Swinton
M28 4EQ

This page was last updated on 13 November 2008

• School admissions
• The right to appeal