Legal advice on securing secondary school placement of choice

Hewitsons' Education Team is offering advice to parents on how to appeal if their child doesn't receive a place at their preferred secondary school.

This timely guidance comes ahead of Monday's (March 1) announcement by admission authorities around the country notifying parents and pupils of school placement decisions.

Principal Solicitor Stephen Cole, said: 'Obtaining a place at their preferred school is naturally an important matter for pupils and parents. In most cases, time will have been taken in visiting schools, reading prospectuses, websites and Ofsted reports, and talking to families of current pupils. Finding out after months of waiting that your child has not secured the place that you had hoped for is disappointing.

'For those who are dissatisfied with the refusal to offer a child a place at a particular school, the School Admission Appeals Code sets out the procedure for appealing that decision. The appeal is considered by an independent appeals panel before whom a hearing takes place.'

In broad terms, an appeal consists of the following:

·   Notification must be given in writing by the admissions authority of decisions in relation to an application to a school. For most schools, the admissions authority is the local education authority, but for some, such as foundation schools, it is the governing body. Where admission has been refused, the notification must be accompanied by an explanation of why the application was unsuccessful, notification of the right to appeal and certain information relating to the appeals process.

·   The admission authority for the school concerned must allow at least 10 school days from the date of notification of the refusal of a place for appellants to submit their written appeal.

·   The hearing date is notified to the appellants at least 10 schools days in advance and they are invited to submit information and evidence to support their case.

·   At least three working days before the hearing, the admission authority must provide appellants with the names of the panel members and the clerk, all the information reasonably asked of it by the appellants, and notification of whether any witnesses have been invited to give evidence at the hearing.

·   The admission authority must generally supply to the clerk at least ten school days before the hearing certain documents which include a statement summarising how places were allocated and how the admission arrangements for the school apply to the appellant’s application, and a statement summarising the  reasons for the decision.

·   At least seven school days before the hearing, the clerk sends appeal papers to the parties.

·   The hearing takes place before the appeals panel.

·   Notification of the outcome of the appeal is given in writing to the appellants and the admission authority as soon as possible after the panel has made its decision, ideally within five working days.

As with any setting in which the aim is to persuade somebody of your position (whether a judge, tribunal or panel), preparation for the appeal hearing is key. An appreciation of the issues involved and of what considerations the panel will take into account in determining an appeal has to be the basis for that preparation.

We can provide assistance in a number of ways in relation to an appeal. From advice as to what is involved, through to preparation of the appeal and representation before the panel.

For further information please contact Stephen Cole on 01604 233233 or click here to email him.