Download the ACE guide on how to appeal for a school place
We know that it can be very upsetting for you and your child if you have not got a place at the school that you preferred but there are a number of things that you can do to try and change the situation. These are outlined below.
Remember that you do not have a right to choose a particular school for your child - you have a right to express a preference. If your preferences cannot be met the local authority will allocate your child a place at an alternative school. This may be at a school that you did not even apply for.
If you are allocated a school that is over the statutory walking distance of 2 miles for under 8 years old and 3 miles for over 8 years old contact the local authority and ask what arrangements they will make for transport. This will not apply if the school is one of your preferences.
It is best to contact your local authority Admissions Department with any initial queries that you may have about school places. They will advise you on whether you need to contact the school directly or whether they can help you.
Ask to add your child's name to the waiting list for any school that you applied for but did not get offered a place. This may happen automatically but it is always worth checking that it has been done.
You could also ask the Admissions Department if you could add your child's name to the waiting lists for schools that you did not apply to but would consider now. The more waiting lists you are on the more chance that you might get a place.
The Admission Authority for the school must keep a waiting list for at least one term. It may also be called a continued interest list. Ask how the waiting list is ordered. It will usually be ordered according to the school's oversubscription criteria.
Find out what your position is on the waiting list. You could also ask how many children were admitted from the waiting list last year, this may help to give you some idea of how likely you are to get a place this way. It may take a while for the waiting list to be compiled and you may have to wait a few weeks after offer day for this information.
NOTE: Be aware that your child can also move down a waiting list if other children join the list who have greater priority.
There may be vacancies at other schools that you did not include on your original list of preferences. Very popular, oversubscribed schools will not have vacancies at this stage but it may be worth looking at any alternatives that are available locally.
Contact your Admissions Department to ask about vacancies in other local schools.
If you are refused a place at any school you applied for, you have the right to make an appeal.
IF YOU ARE APPEALING FOR A PLACE IN AN INFANT CLASS (that already has 30 pupils) THE APPEAL IS HANDLED DIFFERENTLY - see the Infant Class Appeals section 3.2 below
If you think there are good reasons why your child should go to a particular school then you can present your case to an independent appeal panel.
Any an appeal, the school will present their case for why they cannot take extra children and why it would be bad for the school if they had to. You present your reasons for why your child must go to this school and why it would be bad for your child if they had to go to a different school. Try to to support your case with evidence if you can. The appeal panel listen to both cases, ask questions and then decide which case is stronger.
If you are successful your child will be given a place at the school even though it is already full.
There is a legal limit of 30 children per teacher in an infant class and this limits the powers of the appeal panel hearing your appeal. They can only consider:
You will need to make your appeal on at least one of the four grounds listed above.
The panel will take into account the information that was available to the admission authority at the time it made its decision to refuse your application. If you introduce new information about your child and your circumstances at your appeal hearing, the panel may not be able to take this information into account, as the admission authority were not aware of it at the time they made their original decision.
You should be aware that it is very difficult to win an infant class size appeal on the grounds that it was unreasonable - very few appeals will be successful for this reason.
Note: If you are appealing for a place in an infant class that does not have 30 pupils - for example a small school may only have 21 children in Reception class - the appeal will be heard differently and the panel will treat it as a non-infant class size appeal (see below). Make sure you find out from the school exactly how the appeal will be handled.
You must be given 20 school days to lodge an appeal so you have time to consider what you could include in your case. ACE produces a comprehensive advice booklet called Appealing for a school which explains the appeals process and helps you to put your case together.
Remember that your child is not starting school until September so there is still quite a lot of time for your situation to change. In most areas there will be a lot of movement of school places and offers in the next few weeks and months. Keep in touch with your Admissions Department and make sure you are on waiting lists.
Your child may already be feeling anxious about transferring to secondary school or starting school for the first time so it is important to try and remain calm when talking to them about school places. You can reassure them that you are doing everything you can to try and change the situation.