If you do not get a place for your child at your preferred school you will have the right to appeal against the decision. Your appeal will be heard by an independent admission appeal panel.
The following is designed to help you with any questions you might have.
How can I appeal?
If you have been refused a school place in Salford and you wish to appeal, you should complete the appeal form at the bottom of this page.
If you have been refused a place at a school in another local authority, there will be information on that local authority’s website about how to appeal for their schools. You could also write to or email that local authority directly stating the reasons you are appealing the decision.
Is there a right of appeal for all year groups?
You can appeal against a decision not to offer your child a place in the school of your choice in any year group. The only exception to this is nursery, which is non-statutory education, and therefore there is no right of appeal.
However, you should note statutory limits on infant class sizes (reception class, year one and year two). This means that no more than 30 pupils can be taught by one teacher.
As a result 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.
Appeals against refusal to admit on the grounds of infant class size legislation can only be granted in the following circumstances:
You may wish to consider this information carefully when submitting an appeal for an infant class.
Can I appeal for a place in a sixth form?
Appeals for sixth form places in schools and academies can be lodged by the young person and/or the parent/carer, but where they are made separately the appeals must be heard together.
How long does it take to hear my appeal?
The appeals timetable lays out full dates and timescales relating to the hearing of admission appeals for community and voluntary controlled schools. The following timescales apply to all schools and academies.
Transfer to secondary school appeals - appeals for a child due to start year seven in secondary school at the start of the new academic year, must within 40 school days of the deadline for lodging appeals.
Starting in reception class appeals - appeals for a child due to start reception class at the start of the new academic year must be heard within 40 school days of the deadline for lodging appeals.
Late application appeals - if you submit an appeal for either of the above after the deadline stated on the decision letter sent to you, the appeal will be heard within 30 school days of the appeal being lodged. Where an appeal in this category would have to be heard before an appeal received on time, the appeal will be heard at the same time or after the other appeal otherwise an injustice could occur and could be unfair.
Appeals for any other year groups - appeals for any other year group must be heard within 30 school days of the appeal being received from the parent.
Who will hear our appeal?
The independent appeals panel will have three or five members. However most appeals are heard with a three member panel. All school admission panels must include at least one person who has experience of education in Salford, and at least one independent lay member.
Who will be at the appeal?
As well as three or five members, one officer from the council's corporate business section will be present to offer advice 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 children's services will attend to explain why a place has not been offered to your child at your preferred school. The head teacher may also attend to give additional information.
For voluntary aided schools, the reasons for refusing a place will often be presented by the chair of governors and the headteacher.
You may wish to take a friend with you to the appeal.
What is a group hearing?
For more detailed information on group appeals please see the downloadable document below called 'Information on group appeal hearings'.
How can I prepare for the hearing?
You may like to make a 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. 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 put their case.
The following is a summary of what usually happens:
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 corporate business on 0161 793 2811.
What if I wish to attend but I am unable to on the date arranged?
You should contact corporate business on 0161 793 2811.
What happens next?
The representatives of the local authority/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.
Corporate business will write to you within a few days of the appeal advising you of the panel's decision. Children's services 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 local authority/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 local authority/governing body. Normally 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
17 Shipton Road
Telephone: 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 changes in your circumstances.
If my appeal is unsuccessful can I re-apply to the school?
For nursery, reception and secondary intakes you do not need to reapply. Your child's name will remain on the waiting list for your preferred school until the end of the autumn term after they are due to start.
The local authority will co-ordinate waiting lists for all schools. If school places become available during this time, these places will be offered using the admission criteria.
For in-year admissions, you will need to reapply if your appeal is not successful as no waiting lists are held for these transfers.
Do successful appeals for other children reduce my child's chance of a place?
Any appeals won by parents/carers are extra places given to children taking the number in the year group concerned over the published number. The admission process allows places to be given to children until the admission number for the year group concerned has been reached by using the admissions criteria. Places cannot be allocated to children on the waiting list until the number of children in the year group concerned falls below the published admission number.
Appeals for late applications will be heard within 40 school days of the appeal being lodged (or as soon as possible if under coronavirus restrictions and regulations). Where an appeal in this category would have to be heard before an appeal received on time, the appeal will be heard at the same time or after the other appeal otherwise an injustice could occur and could be unfair.
(Wherever possible we will endeavour to hear all appeals submitted on time by the end of the summer term, where the volume of appeals received allows this).
Appeals for late applications will be heard within 40 school days of the appeal being lodged. Where an appeal in this category would have to be heard before an appeal received on time, the appeal will be heard at the same time or after the other appeal otherwise an injustice could occur and could be unfair.
Appeals for In-year admissions will be heard within 30 school days of the appeal being lodged (or as soon as possible if under coronavirus restrictions and regulations).
|Notification of the appeal hearing date and venue||No later than ten school days before the hearing, unless this right is waived (14 days under coronavirus regulations).|
|Deadline for local authority to submit papers to the clerk||Ten working days prior to hearing|
|Papers for the hearing to be sent to appellant (parent/carer), panel and clerk||Five working days prior to hearing|
|Deadline for receipt of appellant’s additional evidence or information||
Five working days prior to hearing
Where evidence or information is received after this date, it will be for the appeal panel to decide whether the evidence or information can be considered, taking into account its significance and the effect of a possible need to adjourn the hearing.
|Appellants additional evidence or information sent to the admission authority, panel and clerk||Four working days prior to hearing|
|Decision letter sent||Within five school days of the hearing wherever possible, however during the busy period of May to August it may be up to seven school days following the hearing (or within seven days where every possible if under coronavirus restrictions and regulations).|
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This page was last updated on 25 January 2021