How to win an oversubscribed school appeal
On 3 March 2025, parents across England and Wales will receive secondary school admission results. If your child didn’t get the preferred school, you can appeal the decision.
Why was my child not offered a place at our preferred school?
Under the School Standards and Framework Act 1998, parents have the right to express a school preference for their child’s placement. The Admission Authority must comply with this preference unless the school has reached its Published Admission Number (PAN), or a child has had two or more permanent exclusions in the past two years.
When applications exceed the number of places available, schools apply ‘oversubscription criteria’ to allocate places. These may prioritise children of a certain faith, or children who live closest to the school. Each school follows specific criteria in line with the School Admissions Code.
If your child is not allocated to your preferred school on National Offer Day (3rd March 2025), you can begin the school appeal process. You must submit an appeal for school placement within at least 20 school days of receiving the decision. Missing the deadline may delay your appeal being heard. The Admission Authority will provide information on how to submit a valid school appeal.
What is the appeals process for schools?
Secondary school appeals
The admissions appeal process is set out by the School Standards and Framework Act and the School Admission Appeals Code.
Once you have submitted a school appeal, an Independent Appeal Panel of three members will be convened within 40 school days of the appeal deadline. Before the school appeal hearing, both you and the school can submit additional evidence for the panel to review.
The school appeal hearing begins with Stage One, where all parents appealing a school placement are likely to be present. During this stage, the Independent Appeal Panel will assess whether the Admission Authority’s procedures complied with the law and were applied fairly. The School will present its case, explaining why admitting additional pupils would cause prejudice to the school.
If the school proves that prejudice exists and there are no significant procedural errors, the hearing moves to Stage Two. At this stage, a specialist in education law can review the school’s case to determine if the prejudice argument can be challenged and ensure your application was processed correctly.
During Stage Two of the school appeal hearing, you will present your case privately, without other parents present. The Independent Appeal Panel will assess your child’s personal circumstances, weighing the impact of not securing a placement at your preferred school against the prejudice to the school in admitting another pupil. To succeed, your appeal must demonstrate that your child would face significant detriment if they were not admitted. A specialist in education law can provide expert advice on strengthening your case.
Once the Appeal Panel reaches a decision, you will be notified within five working days. The panel’s decision can only be challenged on procedural grounds or if a legal error occurred during the appeal. If you disagree with the outcome, you can complain to the Local Government Ombudsman or Education Funding Agency, depending on the Admission authority. Alternatively, you may pursue legal action, but you cannot take both routes. Seeking advice from a school appeal specialist before proceeding is highly recommended.
Grammar school appeals
Grammar school appeals follow the same two-stage appeal process as other secondary schools. However, there is an additional requirement, you must prove that your child meets grammar school ability standards. A specialist in education law can identify the strongest arguments and necessary evidence to support your case.
Primary schools appeals
[Instead of doing a separate blog on primary school appeals, I would recommend updating this section of the blog instead as this can then be used as an appeals ‘hub’]
National Offer Day for primary schools is 16th April 2025. Infant classes are strictly limited to 30 pupils, meaning the school appeal process differs from secondary school appeals. The arguments you present must align with these specific rules.
Independent school appeals
Independent schools have their own admission criteria and appeal processes as they are not governed by the School Admissions Code or the School Admission Appeals Code. If your child is not offered a place, review the school’s admissions policy to understand their procedures. Regardless of their status, independent schools must make fair and reasonable decisions on all applications.
How can HCB can help with you appeal?
Whilst you do not necessarily need to engage the assistance of a legal representative for an admissions appeal, HCB Solicitors has a team of experienced specialists in education law that can help you with your school appeal. Right from the start, we can provide expert advice on the strength of the appeal, draft written grounds of appeal in the strongest possible terms, assist with in-person representation on the day of the hearing, and potentially assist with any necessary subsequent complaint or legal challenge of the decision if needed.
If you are looking for advice and assistance with any of the above matters, please do not hesitate to call our specialist Education Law team on 03333 20 27 175 or alternatively, send us an email at education@hcbgroup.com.