Your Right to Appeal
Every parent has the legal right to appeal for a place at any state school that has refused their child a place. This right exists regardless of:
- Why the school refused you (distance, sibling, etc.)
- Whether the school is oversubscribed
- How many other people are also appealing
- Whether you already have a place at another school
The appeal is heard by an independent panel — not the school, not the local authority. The panel's decision is binding.
When to Appeal
You typically have 20 school days after receiving your admissions decision to submit an appeal. The exact deadline will be stated in your offer letter.
Key timeline:
- National Offer Day — you receive your offer (or refusal)
- Within 2 weeks — accept or decline the offered place (you can do this and still appeal for your preferred school)
- Within 20 school days — submit your appeal in writing
- 4-6 weeks later — attend the appeal hearing
- Within 5 school days of hearing — receive the decision
Two Types of Appeal
Standard appeals (Year 3 and above)
The panel weighs up whether the prejudice to your child of not being admitted outweighs the prejudice to the school of having an additional pupil. Both sides present their case.
Infant class size appeals (Reception, Year 1, Year 2)
These are harder to win because of the legal limit of 30 pupils per class with one teacher. The panel can only admit your child if:
- The admissions authority made a mistake in applying its criteria
- The admissions criteria don't comply with the admissions code
- The decision was so unreasonable that no rational person would have made it (the "Wednesbury unreasonableness" test)
In practice, infant class size appeals succeed mainly when a procedural error has been made.
Preparing Your Case
Gather Evidence
Your case should answer two questions:
- Why does this school best meet your child's needs? (your case)
- Can the school accommodate an additional pupil without significant harm? (challenging the school's case)
Evidence to collect:
- Any specific medical, educational, or social reasons why this school is suitable
- Reports from professionals (GP, therapist, educational psychologist)
- Information about your child's circumstances (SEN, family situation, friendships)
- Evidence of error in the admissions process (if applicable)
- Knowledge of the school's facilities and capacity
Write Your Statement
Your written statement should:
- Be clear, factual, and organised
- Focus on your child's needs, not just your preferences
- Explain why this particular school meets those needs better than the offered school
- Be specific — "the school offers a specialist speech and language unit" is stronger than "it's a good school"
- Include any exceptional circumstances
- Refer to supporting evidence
Don't Include:
- Criticism of the offered school (this annoys panels)
- Emotional pleas without substance
- Arguments about unfairness of the system generally
- Comparisons with other families
The Hearing
What to expect
- You'll be invited to attend in person (you can bring a friend, relative, or adviser)
- The school/LA presents its case first, explaining why it can't admit more pupils
- You present your case
- Both sides can ask questions
- The panel deliberates in private and informs you of the decision within 5 school days
Tips for the hearing
- Be calm, respectful, and focused
- Bring copies of all your evidence
- Listen carefully to the school's case and note any weaknesses
- Answer questions honestly
- Remember: this is not adversarial — the panel genuinely wants to make the right decision
Success Rates
Appeal success rates vary significantly:
- Standard appeals: roughly 20-30% succeed nationally
- Infant class size appeals: fewer than 5% succeed
- Appeals based on procedural errors have higher success rates
These statistics shouldn't discourage you. If you have a genuine case, it's worth making it.
Useful Resources
- GOV.UK — school admissions appeals
- School admissions appeals code
- Coram Children's Legal Centre — free legal advice
- Advisory Centre for Education (ACE) — helpline for parents
Appealing can feel daunting, but the process exists to protect your rights. Prepare thoroughly, focus on your child's specific needs, and present your case with confidence. Whatever the outcome, you'll know you did everything you could.