The new Code of Practice comes into operation at the beginning of March 2008, and can be found here (make sure you consult the 2007 version).

There are major changes to the grammar school process that may see a dramatic fall in the number of successful appeals. You should go to Grammar for further details.


Some key points:

·  Secondary admissions round – appeals for applications relating to decisions sent on national offer date must be heard by 6 July or the next working day, if 6 July falls on a weekend.

·  Primary admissions round - appeals for on-time applications must be heard within 30 school days of the closing date for appeals to be lodged.

·  Primary/Secondary admissions round: appeals for late applications – if possible such appeals should be included with those being heard for the same admissions round. However, if this is not feasible, they must be heard within 30 school days of the appeal being lodged.

·  In-year applications (i.e. those made outside the timetabled admissions process) – hearings must be held within 30 school days of the appeal being lodged.

Parents have the right to appeal against an admission authority’s decision refusing their child admission to a school.  However, where a child has been permanently excluded from two or more schools, this right of appeal is effectively suspended for two years after the second or any subsequent exclusion (see sections 87(2) and 95(1) of the SSFA 1998). Parents who have had an offer of a place withdrawn also have a right of appeal, as this amounts to refusal of admission.

 When a child is refused admission to a school, parents must receive the following information in writing from the admission authority :
a) details of why the application was unsuccessful in light of the published admission arrangements including, where relevant, whether the refusal was a consequence of the infant class size limit;
b) notification of their right of appeal, including details of how, and to whom, to make an appeal;
c) where to obtain further information; and
d) their right to attend the appeal hearing.

Letters and information for parents must not limit the grounds on which parents can make their appeal (they can put forward whatever case they choose) but, in the case of infant class size appeals, can make reference to the grounds on which the appeal can be upheld. 

 

Parents must be allowed at least 10 school days from the date of notification that their application was unsuccessful, to prepare and submit their written appeal to the admission authority, the receipt of which should be acknowledged.

 If a parent submits a late appeal, admission authorities should arrange for it to be heard at the same time as other appeals for the same school if this is feasible. Otherwise the appeal will have to be heard later, as there is no statutory time limit on submission of an appeal.

Parents must receive written notice of the date of their appeal at least 10 school days in advance of the hearing, unless they have waived this right.

When informing them of the date of the hearing, the admission authority must:

a) ask parents to provide any documents, information and evidence they wish to submit to the panel to support their case. They should be told that they may submit additional information any time up to the hearing but that, if they provide anything new too close to the hearing date which the panel thinks may be significant, the panel may need to adjourn to allow all parties the opportunity to consider it (see paragraph 2.21); and
b) if it is an infant class size appeal hearing, advise parents of the limited bases on which an infant class appeal may be upheld for classes of more than 30.

 

To allow parents to prepare for the appeal hearing, the admission authority must also provide parents with the following information at least 3 working days before the hearing:
a) names of the panel members and clerk, This is to give parents (and other parties) the opportunity to raise any doubts as to the impartiality of particular panel members before the appeal hearing;
b) all the information reasonably asked of it by the parents.

Parents must be advised that any ‘friend’ or adviser at a hearing cannot be a member of the local authority, a member of the admission authority concerned, or a local elected politician.

 

As the appeal is about refusal of a parent’s statutory right to express a preference for a particular school, attendance can be distressing for some children and unless there are exceptional reasons children should not be invited to attend.

 

The order and nature of the hearing

 The clerk must notify all parties of the order of proceedings in advance of the hearing. A suggested order is set out below:
a) the case for the admission authority;
b) questioning by the parents and panel;
c) the case for the parents;
d) questioning by the admission authority and panel;
e) summing up by the admission authority; and
f) summing up by the parents.

 

Panel members may ask questions at any time during the hearing to clarify what is being said or if they want to ascertain further information in order to reach a decision. However, they must not attempt to answer questions for the presenting officer or parents.