School admission appeals: a practical guide for parents

After months of researching schools, submitting applications, and waiting for decisions, hearing that your child has not been offered a place at your preferred school can feel deeply disappointing.

The good news is that you have the right to challenge that decision. The School Admissions Appeals Code (updated in September 2022) ensures that all appeals are handled fairly, independently and transparently.

Your right to appeal

You can appeal a school admission decision if:

• Your child was not offered a place at a school you applied for
• You believe there are strong reasons why your child should attend that school

Importantly, appeals are completely free to submit.

How the appeal process works

1. Submit your appeal

You’ll need to complete and return the appeal form by the deadline stated in your refusal letter.

• You must be given at least 20 school days from the date of refusal to prepare and submit your appeal
• You should receive at least 10 school days’ notice of your hearing date

2. Prepare your case

This is your opportunity to explain why the school is the right choice for your child.

You should include:

• A clear explanation of your reasons
• Supporting evidence (for example, medical, social or practical factors)

These factors can include the following:

• Travel and distance. Consider long or complicated journeys to the allocated school, lack of direct or reliable public transport, unsafe walking routes, or the impact of travel time on your child’s wellbeing, attendance, or punctuality.
• Childcare arrangements, such as conflicts with working hours that cannot reasonably be adjusted.
• Sibling attendance. Consider the impact of children attending different schools (many schools prioritise this in admission arrangements, but if this has not been considered, it can be raised in the appeal).
• Impact on daily routine, such as an early start or late return home, reduced time for homework, rest, or extracurricular activities.
• Religious reasons
• Special Educational Needs (where your child does not have an Education, Health and Care Plan).
• Child’s wellbeing. This can include issues of bullying.

You will also be given deadlines for:

• Submitting additional evidence
• Receiving the school’s case
• Reviewing the full appeal papers before the hearing

3. Attend the Hearing

Your appeal will be heard by an independent panel, either in person or online.

At the hearing, you can:

• Present your case
• Ask questions
• Respond to the school’s arguments

4. Receive the decision

You will usually receive the panel’s decision in writing shortly after the hearing, typically within five school days, where possible.

How appeal decisions are made

Most appeals follow a two-stage decision-making process. 

Stage 1: reviewing the school’s decision

The panel will consider whether:

• The admissions arrangements were applied correctly
• Admitting another child would prejudice the provision of efficient education or the efficient use of resources.

Your appeal must be upheld at this stage if:

• The admission arrangements were applied incorrectly and your child would have been offered a place, or
• Admitting another child would not cause prejudice to the school

Stage 2: balancing the arguments

If the appeal reaches this stage, the panel will:

• Balance the prejudice to the school against your case for your child to be admitted

• Consider what the school can offer your child that others cannot

In cases where multiple appeals are successful, panels will only compare cases if there are more strong cases than available places.

What is “prejudice”?

The school must show that admitting additional pupils would cause real difficulty, not simply that it has reached its published admission number.

Infant class size appeals (Reception, Year 1 and Year 2)

Appeals for younger children are more limited due to legal class size limits (a maximum of 30 pupils per teacher).

These appeals are only successful in exceptional circumstances, such as:

• Admissions arrangements were not followed correctly, and your child would otherwise have been offered a place
• The decision to refuse a place was clearly unreasonable (a very high legal threshold) 

Appeals for different types of schools

Grammar schools

• Admission is based on academic ability (usually the 11+ test)
• You can appeal if your child did not achieve the required score, but you believe this does not reflect their true ability
• Strong academic evidence is essential

Some grammar schools carry out a local review process before places are allocated. This does not replace your right to appeal.

Sixth forms

• Both parents and students have the right to appeal
• If both appeal, the cases must be heard together
• Entry requirements (such as GCSE grades) must be applied fairly
• Your reasons for choosing specific courses may be considered

The panel must apply the two-stage test set out above.

Boarding schools 

• You may appeal for a day place, a boarding place, or both
• Panels may also consider whether boarding is suitable for your child

Final thoughts

Appealing a school place can feel daunting, but the process is designed to give you a fair opportunity to present your case.

Being well prepared, providing clear evidence and explaining why the school is the right fit for your child can make a real difference.

If you’re unsure about any part of the process, seeking advice early can be invaluable, particularly when it comes to meeting deadlines and presenting a strong case.

If you require further support, you can contact the education law experts at Tees. They can guide you through the appeals process and help you put forward the strongest case possible for your child.