School Admissions - Appeals

If you have been refused a place at a school named on your common application form you have the right to refer your case to an independent appeal panel.

You must complete and submit a Notice of Appeal Form in order to request that your case for admission into a school at which you have been refused a place is considered by an Independent Appeal Panel.

You must complete the appeal form of the local authority (LA) in which the school you wish to appeal for is located.

All independent appeals are organised and follow procedures that are set out in legislation.

All appeals must be made in writing stating the grounds on which the appeal is made.

You are responsible for presenting your case, for deciding what you would like to say at the appeal hearing and what written documentation you want the panel to consider.

Every parent has the right to attend the appeal in order to make their case to the panel and can be accompanied by a friend or be represented by them. All appeals are held in private. It is not envisaged that children will attend appeal hearings as the appeal is an opportunity for you to put across your case on behalf of your child.

The appeals panel consists of three members, clerk to the panel, an officer from the local authority, and the headteacher. No panel member has any connection with the school the appeal is being heard for.

The panel will send their decision to parents as soon as possible after the appeal and the decision is binding on the LA and the parent.

Parents cannot apply again for the same school in the same academic year unless there has been a significant change in the circumstances of the parents or the school.

Helplines

Barnsley admissions contacts:

01226 773689
01226 773588
01226 773677
01226 773506

Independent appeal process:

01226 773063

Other local education authorities:

Doncaster: 01302 737204/737234
Kirklees: 01484 225007/8/9
Rotherham: 01709 822505
Sheffield: 0114 2735766
Wakefield: 01924 305616/17/18/19/20

Opening Times/Locations

School Admissions
Education Services
Berneslai Close
Barnsley
S70 2HS

Fax number: 01226 773682
Email: admissions@barnsley.gov.uk

Monday-Thursday 8.30 am-5 pm
Friday 8.30 am-4.30 pm

How the customer can help

• You can help by supplying accurate information and completing all sections of the Notice of Appeal form.
• You should submit any letter, written reports, documentation or evidence relevant to your case.
• Forms and letters should be signed by parent/guardian. Proof of guardianship may be required.
• You may be asked to provide proof that you have changed your address.

Documents may include:

• a tenancy agreement
• a solicitor's letter confirming exchange of contract

You may be asked to provide copies of at least 2 documents confirming that your child is registered at your address.

Documents may include:

• Child benefit book
• Information relating to Working Tax Credit/Childcare Tax Credit
• Letter from a local doctor
• Hospital appointment letter
• Letter from dentist
• Child's bank statement
• Medical card

Application form references

Notice of Appeal Form - Admission of Children to Secondary School
Notice of Appeal Form - Admission of Children to Primary School

If you need an appeals form for a school in another authority, please contact the appropriate authority directly.

Leaflets

Admission to Primary School: Advice to Parents Booklet  
Admission to Junior School: Advice to Parents Booklet
Admission to Secondary School: Advice to Parents Booklet
Co-ordinated Schemes - Admission Arrangements to Secondary Schools
Co-ordinated Schemes - Admission Arrangements to Primary Schools

Distribution Points

BMBC Education Services
Admissions Section,
Berneslai Close,
Barnsley,
S70 2HS

For queries in relation to:

Doncaster Schools:
Admissions and Pupil Services
The Directorate of Education and Culture
PO Box 266
The Council House
College Road
Doncaster
DN1 3AD

Kirklees Schools:
School Admissions
Oldgate House
2 Oldgate
Huddersfield
HD1 6QW

Rotherham Schools:
Admissions and Appeals Section
Education Culture and Leisure Services
Norfolk House
Walker Place
Rotherham
S65 1AS

Sheffield Schools:
Pupil Support
Floor 3
Howden House
Union Street
Sheffield
S1 2SH

Wakefield Schools:
School Admissions
City of Wakefield Metropolitan District Council
Education, Libraries and Museums Department
County Hall
Wakefield
WF1 2QL

Legislation

School Standards and Framework Act 1998
Schedule 4 of Education Act 2002
School Admissions Code of Practice
School Admissions Appeals Code of Practice

Response Times/Next Steps

If you do not wish to accept an offered place you must inform the admissions team within 10 working days.

Parents will be given 14 days notice of the appeal and will receive at least seven days prior to the appeal written documentation summarising the reasons for refusing the admission.

Parents are requested to submit their written documentation seven days prior to the appeal.

Owner Officer Contact Deta

BMBC Education Services
Admissions Section,
Berneslai Close,
Barnsley,
S70 2HS
Tel: 01226 773689
Fax: 01226 773682
Email: admissions@barnsley.gov.uk

Frequently Asked Questions

My child has been refused a school place because of infant class size legislation. What does this mean?
An infant class is a class in which the majority of pupils will reach the age of 5, 6, or 7 during the school year. These classes are normally Reception, and Years 1 and 2, although it can affect a Year 3 class where mixed groups exist. The law states that subject to limited exceptions, no infant class with one qualified teacher may contain more than 30 pupils. If the Authority were to admit more pupils, it would need to take "qualifying measures".

What are Qualifying Measures?
Qualifying measures are measures required to be taken in order to ensure compliance with the statutory limit on infant class sizes. This may include employing an additional qualified teacher, building an extra classroom or mixing year groups.

Do I have to attend the appeal panel hearing?
No, but you are strongly advised to attend. You are the best person to tell the Panel why you want your child to go to the preferred school(s), as you know your situation and will be able to provide information and answer questions to help the Panel make an informed decision.

If you do not attend the appeal, or you are not represented by another person, the hearing will be held and dealt with in your absence using only the written documentation submitted.

Who will be at the appeal hearing? 

• The Appeal Panel (consisting of three members)
• The Clerk to the Appeal Panel
  AND 
• For community and voluntary controlled schools - an Education Officer from the LEA the Headteacher or Deputy Headteacher or a senior teacher from the school 
• For voluntary aided schools - representatives from the Governing Body and School

The Code of Practice does not envisage children attending appeal hearings as the appeal is an opportunity for you to put across your case on behalf of your child.

What sort of information should I provide?

You are responsible for presenting your case, for deciding what you would like to say at the appeal hearing, and what written documentation you want the Appeal Panel to have.

• If your case is based on medical or social grounds you should provide written evidence from a doctor or other professional to support this. This evidence must relate to how the school can meet those specific needs. 
• If your case is based on a house move you should provide evidence of confirmation of the completion of your house purchase, or a tenancy agreement, or any other relevant documentation
• If your case is based on religious beliefs, you should provide where appropriate, a certificate of baptism, a certificate of candidature and a letter of verification from the priest of the church that you attend.
• You should also put forward any letters, written reports or documentation or other evidence relevant to your case
• You must not supply letters of support from your child's primary school 
• Written documentation should be submitted 7 days prior to the appeal.

What if my child has a Statement of Special Educational Need?
If your child has a Statement of Special Educational Need your right of appeal is through an independent Special Educational Needs Tribunal, not a School Admission Appeal.

Who can help me prepare for my appeal?
In the first instance, please contact the Clerk to the Appeal Panel who can help you with any queries or concerns you may have, but the Clerk cannot prepare your case for you.

The Advisory Centre for Education (ACE) is an independent national education advice centre which provides information on the education system. ACE produce a booklet "Appealing for a School", which provides advice on the appeals system and also gives advice on what to do if your appeal is unsuccessful. ACE can be contacted on freephone 0808 800 5793.

Who are the Appeal Panel Members? 

• one member must have experience in education; be familiar with educational conditions in the Barnsley District; or be a parent of a registered pupil at a school 
• one member must be a lay person, i.e. someone without personal experience in the management of any school or the provision of education in any school (disregarding experience as a school governor or in any other voluntary capacity)
• the third member will be from either of the above two categories

No panel member will have any connection with the school in question.

What powers does the appeal panel have?
The appeal panel can either refuse or allow your appeal, and the decision is binding upon the School and you.

What are multiple Appeals
Dependent upon the number of appeals for particular schools, the appeals process will take place over a number of sessions until all the appeals in that group have been heard.

All parents will be invited as a group to the first session to hear the School's case at Stage 1.

If the School does not prove that prejudice would arise for all the appellants, then all the appeals will be allowed.

If the Panel find that the School has proven that prejudice would arise, the appeals process will move to Stage 2 of the procedure.

Stage 2 is "in private". No other parents will be present when you present your case to the panel.

When will I know the appeal panel's decision?
At your appeal, the clerk will inform you when to expect to receive the decision letter. This will be as soon as possible after the appeal hearing(s).

If my appeal is unsuccessful, can I appeal again?
Unless there have been significant changes in the circumstances of the parent(s) or the school, we are not required to reconsider our decision, and therefore parents do not have the right of another appeal.

Can I complain?
The Appeal Panel's decision is binding on all parties, there is no further right of appeal.

If you think that the proper procedures have not been followed, you can ask the Local Government Ombudsman (LGO) to investigate. The LGO would not criticise the decision of a Panel which fairly took into account all the evidence presented by both the parents and the School, just because the parents disagreed with the decision reached. If the LGO found that procedures had not been carried out correctly and you have suffered an injustice, he may suggest that there should be a fresh appeal hearing with different Appeal Panel members.

Last modified on 12/11/2008