Parents do not have the right to choose a school. However, they do have the right to state a preference and admission authorities have to make arrangements for parents to express their views. If a change of school is requested at any point, or if parents move into a new area they must be allowed to state a preference.
The Local Education Authority (LEA) is the admissions authority for county and voluntary controlled schools. In the case of voluntary aided and grant maintained schools this will be the governing body of each school.
This broadsheet gives information for parents on procedures for admission to a Maintained School.
Admission Limits
Each school has an admission limit. If the number of applications is greater than the school limit, your application can be refused. You can be refused entry if:
1. The school is full of children who have a stronger claim on a place than yours.
2. It is a church school and you do not meet it's admission criteria.
3. It is a school that is wholly or partly selective by ability or aptitude and your child has not met the entrance requirement.
Admission Criteria
The Department for Education and Employment (DfEE) has laid down guidance on admissions. Within these guidelines LEA or Governors can apply any reasonable criteria they wish for deciding which pupils have priority of admission.
The admission criteria are available from the LEA or Governors and often give priority to children:
1. With brother or sister already at the school.
2. Who live closest to the school.
3. Who have special medical or social circumstances.
But admission criteria are not always as straight forward as these and you need to be clear of the specific criteria for the school you are applying for.
The Appeal
If you fail to get into the school of your choice, you have the right to appeal. This law does not apply to children with a Statement of their special educational needs.
In event of your child not being granted a place in the school of your choice, you can appeal against the decision to an independent local appeal committee. These committees have the power to decide an appeal on its merits one way or the other having heard the arguments put to them by both sides. Their decision is binding. If you intend to appeal, you should give notice without delay by writing to the LEA or Governors directly. At the same time you should notify SCE (UK) who will be able to support you in making your case.
Making a Case
A written case will have to be made, giving reasons why your child should be educated at the particular school. It will not help your case if you repeat vague rumours about the school. Try to be very specific about your child's needs and why a particular school will meet those needs in the way you would like. Some parents appeal on the grounds that the decision was not handled fairly according to the published admissions criteria. Whatever the basis of your appeal, produce evidence to support what you say (for example by obtaining a letter from your child's previous school).
The Hearing
It is in your interest to attend the appeal hearing. If you are not present, the appeal committee will decide your appeal on the basis of what you have put in writing and any other information which is available. You will usually be allowed to take a friend or advisor with you to the appeal session if you wish. If you want to be represented you should inform the clerk before the hearing.
The hearing must be held in private and is kept as informal as possible. The chair or the clerk will introduce everyone and explain the procedure for the hearing. The usual order of the hearing is:
1. The case for the authority.
2. The questioning by parents.
3. The case for the parents.
4. Questioning by the authority.
5. Summing up by the authority.
6. Summing up by the parents.
The decision of the appeal committee is binding on the admission authority and if you win your appeal you must be given a place in the school.
