Infant class size appeals

The appeal is split into two parts. If the arguments in the first part succeed then there will be no need for the second part. This may be unusual, particularly in cases where more than one family is appealing.

Part A

Part A of any school admission appeal deals with whether there is additional space to admit your child without prejudice to the school or other pupils. Unfortunately, any argument can only succeed in limited circumstances where Reception class sizes are already at 30 pupils.  This is the Infant Class Size limit. In these cases an argument may only succeed where:

  • the admission arrangements haven’t been properly followed
    the admission criteria aren’t legal according to the school admissions appeal code
  • the decision to refuse your child a place wasn’t reasonable

There will also be circumstances where although the limit of 30 will not be reached in Reception, the limit will be reached in either Year 1 or Year 2 due to a combination of classes for teaching purposes. The appeal considerations are the same for such a Future Infant Class Size Appeal.

The procedure at Part A is complicated by the fact that you must put your case at this stage through questioning the representative of the admissions authority, rather than address the appeal panel.

Part A of the appeal process involves the questioning of a representative of the school or admissions authority. VHS Fletchers education law solicitors will have training and experience in how to ask questions to obtain the information needed so questions will be put in the best way to try and secure a helpful answer.  This may be particularly important if the hearing deals with multiple appellants in one go.

Part B

It is likely that in most cases the independent appeal panel will move on to Part B of the process as a result of many schools  having more children appealing than the school can properly accommodate.

As a result, the appeal panel will have to make a decision as to whether any additional children can be admitted.  If there is spare capacity, all of the children appealing will be ranked in terms of priority.

It will be important that you put forward the best argument you can because of this competitive element to the appeal..  Your argument will have to provide the reasons and detail to allow your child to move to the top of the list to ensure they receive a place.

VHS Fletchers Education law solicitors will bring the experience necessary to draft this argument for you.  We know the types of argument that may persuade the independent appeal panels to allow your child a place at the chosen school. We will identify the most compelling arguments and set them out as persuasively as possible. This will include the gathering of any evidence in support of the argument.

Can I present my own case?

Many parents will be capable of presenting their own appeals. Although there is a lot to consider and the need for comprehensive research in support of your child’s case, many parents do this.

One consideration, understandably, will be that many parents may be too emotionally involved to be able to put their case effectively. They might have difficulty therefore ensuring that their case is properly argued before the appeal tribunal.

As a result, more and more parents are turning to education law solicitors for assistance in writing their initial appeal statements. This  is especially true in areas where school places are hotly contested.  The original statement will be read by the panel members before the case is put.  It will help if your application stands out from others.

For more information regarding these issues or to arrange an appointment with one of our expert lawyers please contact your nearest office here or use the form below to email us.

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