Express & Star

School places: How to appeal

After an anxious wait scores of parents and children have been left disappointed after failing to get their first choice of secondary school.

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But there are steps families can take if they feel the decision made is not reasonable or the procedure has not been followed correctly.

If a child is refused admission to any school mothers and fathers have a right of appeal to an independent appeals panel.

Dudley Council admissions: 01384 814223

Sandwell Council admissions and appeals: 0121 5696765

Wolverhampton City Council admissions: 01902 554176

Walsall Council school admissions: 01922 652585

Staffordshire County Council school admissions and transport service: 01785 278593

The system allows parents to argue that there are extra reasons why their child deserves a place at their top choice.

Last year alone more than 50,000 appeals were submitted across the country and more than a fifth of cases heard by a panel were decided in favour of parents. Of those 20,235, related to secondary schools.

The number of appeals being lodged by unhappy parents continues to rise year on year due to the growing popularity of certain schools which quickly become oversubscribed.

Many parents submit appeals in an attempt to secure a place at a high-achieving secondary school while others want a school closer to home, particularly if transport is an issue.

For anyone considering appealing the decision and arguing the case for their preferred choice, here is some more information on the process.

What are the first steps?

Parents are advised to accept the place they have been allocated regardless of whether they want it- this is to ensure they have a place for September if their appeal is later unsuccessful. It can always be rejected a later date if a space becomes available or if the appeal is upheld.

It is also recommended that they remain positive about the school they have been allocated as their child may have to attend there if they cannot get another place in a different school.

Parents and pupils have been left disappointed

Then they should contact their preferred school to be put on a waiting list should the school have one. This may happen automatically but it is always worth checking that it has been done. This could remove the need for an appeal hearing if a place is freed up by other means such as a change in circumstances for another pupil.

How is an appeal lodged?

Parents should lodge their intention to appeal with either the local authority or, if it's a free school or academy, the governing body. Details of who to contact and the deadline will be normally be provided with the place offer letter.

What happens next?

If parents think there are good reasons why their child should go to their preferred school then they can present their case to an independent appeal panel.

The panel is usually made up of three to five members of the public – both with and without experience of the education system who will assess each case independently.

Local authorities recommend that families provide evidence of why their child should attend their first choice and why it would be bad for them to attend different school.

The school will also present its case for why it cannot take extra children and why it would be bad for the school if they had to.

Members will listen to both cases and ask questions. During the hearing, the panel will also check that the school's admission arrangements comply with the Schools Admissions Code. If the admissions criteria are legal and were properly followed, the panel must decide if they were followed fairly and thoroughly.

After hearing all of the evidence the panel will then decide which case is stronger.

When will the appeal take place?

For secondary schools the hearing should take place by July 6 - or the next working day if this falls on the weekend.

The result is normally sent by post within seven days and the decision is legally binding, it can only be overturned by a court.

Parents can still appeal against the decision

If successful, the pupil will be allocated a place at their preferred school regardless of the class size.

If the appeal is unsuccessful, parents can still put their child's name on the school's waiting list in the hope of a place becoming available in the future. If there's a change in circumstances which could affect the decision, they may be able to appeal again.

Across the Black Country and Staffordshire there have been mixed results for families with some faring better than others in the application process.

When deciding on an application, schools may give preference to children who have a brother or sister there already and will look at how close they live to the site.

Faith schools will take into account an applicant's religion while for others there may be an entrance exam.

On average around 79 per cent of Black Country pupils got their first choice.

The number was far higher in Staffordshire, where almost 95 per cent got their first preference, while the Worcestershire figure was 93 per cent.

The region's lowest figure was in Sandwell at a fraction under 74 per cent - with 1,000 youngsters failing to get their preferred choice.

Wolverhampton showed an improvement on last year, up one per cent with 80 per cent allocated their preferred school.

While in Dudley all children have been allocated a place, with 82 per cent (2,809 children) allocated their first preference.

Children's chief Councillor Tim Crumpton said: "Unfortunately, there inevitably some disappointment for a few families, particularly where parents have selected popular schools some distance from their home address as school places are allocated in strict accordance with the admission arrangements for individual schools and in line with the statutory admission code.

"For those few children who are not getting any of their preferred schools, we have been able to allocate them an alternative school within a reasonable distance."

For primary schools there is a similar process. There is a legal limit of 30 children per teacher in an infant class and this limits the powers of the appeal panel hearing the appeal. They can only consider - the lawfulness of the school's admission arrangements, whether a mistake has been made with the application or if the decision to refuse a place was unreasonable. Parents will learn the outcome of their primary school place applications next month.

Parents can still appeal against the decision

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