- Education Health and Care Plan
- Is appealing right for you?
- Infant Class Appeals – Reception to Year 2
- Prejudice appeals
- Grouped appeal hearing
- Download and complete the appeal form
- Preparing for your appeal hearing
- The appeal panel and clerk
- Attending your appeal hearing
- The panel’s decision
- Further guidance and reading
Your right of appeal
We understand how important making decisions about your child’s education is and if it has not been possible to offer your child a place at your preferred school, by law, you can appeal to an independent appeal panel.
We know going through the appeals process can be a worrying time for you; below is a simple step-by-step guide with an explanation of what the independent panel does and what you need to do at each stage of the appeal.
Education, Health and Care Plan
If your child has an Education Health and Care Plan, these appeals go through a tribunal and not through appeals.
Contact our SEND Local Offer team about SEND tribunals.
Is appealing right for you?
When your child has been turned down from your preferred school, you may decide to use your right to appeal this decision. This means you have the chance to state your case to a panel explaining why your child should go to your preferred school, and your preferred school only. A representative from the admissions authority for the school will also explain why your application was turned down and why it is not possible to offer you a place. The panel considers both sides and, based on what they have read and heard, will either uphold or not uphold your appeal. If they uphold your appeal, you will have been successful in getting a place at your preferred school. If your appeal is not upheld, your appeal is unsuccessful, and you have not been given a place at your preferred school.
It is important to know that, by law, you can appeal for any school you have been turned down from, but appealing does not mean your child will be given a place at the school appealed for. Your appeal may not be successful. We recommend that you always arrange for your child to attend another school just in case your appeal is not upheld, but this does not affect your right to appeal for a place at your preferred school.
The tables below show the number of appeals which were successfully upheld and not upheld in the 2023 to 2024 academic year.
| Academic Year 2023 to 2024 | Total |
|---|---|
| Total heard | 307 |
| Successfully upheld | 78 |
| Not upheld | 229 |
| Infant class appeals - Reception to Year 2 (class size 30) | Total |
|---|---|
| Total heard | 56 |
| Successfully upheld | 4 |
| Not upheld | 52 |
Infant class appeals – Reception to Year 2
If you are appealing for a place in Reception, Year 1 or Year 2, the law says that these infant classes for children aged 5, 6 and 7 may not have more than 30 children with a single teacher. We refer to these appeals as ‘class size 30 appeals,’ and the panel are bound by legislation when considering your appeal.
There are only three grounds on which a class size 30 appeal may be upheld.
- If the panel finds that adding an additional child to the classroom would not breach the infant class size limit of 30 pupils per one teacher.
- The panel finds that the admission arrangements for the school were not carried out correctly and if they had been, your child would have been offered a place.
- The panel finds that the decision of the admissions authority to turn down your application was ‘unreasonable’.
The term ‘unreasonable’ is very narrow. The panel cannot apply their own personal definition of what is ‘unreasonable’ and instead must use the legal standard. They must decide if it was ‘beyond the range of responses open to a reasonable decision maker’ or if the decision was ‘so outrageous in its defiance of logic or of accepted moral standards that no sensible person who applied his mind could have arrived at it.’
For example, using the legal standard ‘unreasonable’, it would not be considered unreasonable for you to have two children in two different schools. However, it may be unreasonable for your child to be turned down from the school you live next door to if the next closest school with space to accept your child is six miles away.
The examples above are intended to help give you context and should not be considered as facts which would ensure an appeal is upheld or not upheld. Each appeal is considered on its own individual circumstances.
If the panel decides the answer to points 1, 2 or 3 above is yes, your appeal may be upheld.
Read the infant class size legislation on the government website.
Prejudice appeals
If your appeal is not a class size 30 appeal, it is a prejudice appeal. Prejudice appeals follow a two-stage process.
Stage 1 – Reviewing the decision to turn down the application
The panel look at the school’s admission arrangements and decide if they comply with the School Admissions Code and School Standards and Framework Act 1998 and if they have been correctly and impartially applied in your child’s case.
They also consider if adding an additional child would prejudice the provision of education to the other pupils at the school. If they find that it would not, your appeal will be upheld at this stage. If it will cause prejudice, the panel moves to stage 2 of the deliberations.
Stage 2 – Balancing both ‘sides’ of the argument
The panel will consider your reasons for wanting your child to attend your preferred school and decide if your reasons outweigh the prejudice caused to the school.
Your appeal will be upheld if the disadvantage caused to your child in not attending is greater than the disadvantage caused to the school by giving your child a place. In other words, it is this school and this school only which your child should attend.
Your appeal will not be upheld if the panel finds that your reasons for wanting your child to attend your preferred school are not as strong as the school’s case for not admitting them; it is not this school and this school only which your child should attend.
Grouped appeal hearing
When multiple appeals have been received for the same school year, you may be invited to attend a grouped appeal hearing. A grouped appeal hearing is one where all parents attend the same hearing to listen to the school’s case. You will have the opportunity to ask any questions about the school’s case, but individual information about your case should not be discussed. You will discuss your case at your private hearing.
Where you have been invited to a grouped appeal hearing, every effort is made to schedule your private appeal hearing on the same day, however, this is not always possible due to the number of appellants. Where it has not been possible to schedule your private appeal hearing on the same day as the grouped appeal hearing, we would like to assure you that the panel does not make any decisions until they have heard all the appeals.
Completing the appeal form
Download an appeal form (docx / 42 KB)
The form linked above is a standard form for all school appeals in North Yorkshire, including North Yorkshire’s Grammar Schools: Ripon Grammar School, Ermysted’s Grammar School and Skipton Girls’ High School. See the further reading and guidance section for notes on appealing for one of these schools.
Complete the form and return it to appeals@northyorks.gov.uk
Fill in the form as best you can. We strongly encourage you to put as much detail as you can in section 12, which asks you for the grounds upon which you appeal. This means you should explain as fully as possible all the reasons why you want your child to attend your preferred school and the reasons for not attending their allocated school. If you do not think that your application was treated correctly or fairly, or in accordance with the school’s admissions criteria, you need to explain this in section 12.
If you feel there are social or medical factors involved in your reasons for appealing, it is important these are supported by a letter from a professional such as a doctor or social worker. This evidence should be sent to the appeals office along with your completed appeal form.
You may want to include documents such as school reports, proof of home tenancy/purchase, teacher recommendation letters, etc. Please note that these are just a few examples of the supporting documents you can submit, but you are able to submit anything which you feel supports your case.
Your completed form and any supporting evidence that you submit is your written case for your appeal and this will be sent to all members of the panel in advance of the hearing. It is important you provide as much detail as you are able in your written submission as this will be all the information the panel will have to consider your case, if, for any reason, you are unable to attend the hearing.
It is advised that children do not attend the appeal, though you may choose to include a few words from the child being appealed for in your written case.
If you require an interpreter, please state this on your appeal form.
Preparing for your appeal hearing
The appeals team make the arrangements for your hearing; this includes forming the panel and coordinating the time and date with you, the school, and the admissions authority representative.
The admissions authority representative is the officer who will present the case for the school. In some instances, a school staff member, such as the Headteacher, may present the school’s case, or they may attend the appeal in addition to the admissions authority representative. The full details of who will be attending will be sent to you in advance.
You may wish to bring a friend or other representative to support you; if this is the case, please let the appeals team know in advance so that any relevant information can be shared with them too.
All hearings take place online via video conference and usually last between 30 and 45 minutes. You will receive the details of your hearing at least 10 school days in advance. If you indicate that you are attending your appeal, you will be sent a Teams invite via email one working day before your hearing.
Before your hearing, you will be sent the papers for your case. These will include:
- the names of all parties attending your appeal, including the panel members and the clerk
- a copy of your appeal form and any supporting evidence you have sent to us
- a written statement from the school explaining why they are unable to accept an additional child
- any other information specific to your case
Before the day of your hearing, you may wish to:
- read your appeal pack carefully and ensure all the information you submitted is included
- read the school’s case and note any questions you would like to ask
- think about what you would like to say when the panel invites you to explain your reasons for wanting your child to attend your preferred school
The panel will have already read your written submission, so there is no need to read out what you have written, but it is your chance to repeat the key points and fully ensure the panel clearly understand the reasons your child should go to your preferred school.
The appeal panel
What is an independent appeal panel and clerk?
If you have not been allocated the school you wish for your child to attend, the law gives you the right to appeal for a place.
The independent appeal panel comprises of three individuals who have no connection to the school or the local authority. At least one panel member must have specialist experience in education; this is called a ‘non-lay’ member. At least one person must be a ‘lay’ member. A lay member does not have any specialist knowledge or experience in education.
The panel listens to both ‘sides’ and comes to a decision.
A clerk is responsible for ensuring the panel follows the correct procedure and to advise on any points of law. Their job is also to take written notes of the hearing. All hearings are private, and no recording equipment is allowed.
Who will be present at the appeal hearing?
- the three panel members: these are responsible for deciding the outcome of your appeal
- you, the 'appellant': along with anyone you choose to bring with you
- the admissions authority representative or school representative: they represent the admissions authority or school but do not participate in the decision-making process
- the clerk to the appeal panel: they are present during the decision-making deliberations but do not take part in making the decision
Sometimes, an observer may be present for training purposes. If you would prefer an observer did not attend your hearing, please let the appeals office know.
Attending your appeal hearing
We recommend you attend your hearing, as this is your chance to put forward your case to the panel. If you cannot attend your appeal, your case will be considered using whatever written information you have provided.
We understand that you may find attending your appeal hearing daunting and although there is a formal process to follow, the panel will do their best to put you at ease and run the hearing as informally as possible.
What will happen on the day?
All hearings are conducted via video conference unless there is a significant reason to hold them face-to-face. Before your appeal, you will be emailed a link to join the online meeting.
We recommend joining the meeting five minutes before your hearing. The clerk will let you enter the meeting from the lobby area at the allocated time.
The Chair will welcome everyone and make introductions. They will explain the order of the appeal, which is:
- the admissions authority or school representative put forward their case explaining why they were unable to meet your preference
- you and the panel members have the chance to ask any questions about the school’s case
- you put forward your case and explain why your child should be given a place at that school
- the admissions authority or school representative and panel members ask you questions about your case
- the admissions authority or school representative sums up their case
- you sum up your case
The summing up stage concludes yours and the admissions authority or school representatives’ part in the appeal and you both leave the hearing.
The panel’s decision
If your appeal is for a class bound by the infant class size legislation, the panel runs through the three questions (see the infant class appeals section above). If they can answer yes to any of the questions, your appeal may be upheld.
If your appeal is based on prejudice, the panel will consider all the school’s information alongside your written submission and what both sides said during the hearing. Their decision is based around balancing the needs of your child against the effect of admitting another child into the school.
Decisions are normally made the same day, except in cases where the grouped and private hearings have not been heard on the same day.
Before you leave your hearing, the clerk will confirm when you can phone the appeals office for a verbal decision; this is usually after 10am, the next working day after your hearing.
The clerk will write to you within five days of the panel’s decision with details of their decision.
There is no further right of appeal for a place at the same school in the same school year unless there is a significant change in your personal circumstances.
Further guidance and reading
It is the parents’ responsibility to transport their child to and from school. There are circumstances where you may be eligible for free school transport - find out about school transport for reception to year 11 children.
The School Admissions Code is the statutory guidance that schools must follow. It should be read alongside the School Standards and Framework Act (SSFA) 1998.
If you are appealing for a place at Ripon Grammar School, Ermysted’s Grammar School, or Skipton Girls’ High School, the guidance notes are linked below.
The local government and social care Ombudsman can investigate complaints of maladministration in relation to maintained schools. For academy schools this would be the department for education. Please note, these independent bodies cannot overturn a decision, but they can instruct for an appeal to be reheard. Details of who you should contact and how are included in your child’s decision letter.
The information on this webpage is for parents wanting to know more about the appeals process, but if you have any questions or queries not answered above, our frequently asked questions page may be of help.
Still can’t find the answers you are looking for?
Contact the appeals team on 01609 533385 or by email at appeals@northyorks.gov.uk, and we will be very happy to help.