Appeals Process

Appeals guidance

Choosing your child’s primary school can be a difficult decision for you to make. The law does not give you a choice of school but it allows you to ‘express a preference’. In Cheshire West and Chester most parents and carers get a place for their child in the school they want. However, within our school occasionally demand is higher than there are places available; therefore, some parents may be refused a place for their child.  If this happens you have a legal right to appeal.

You cannot appeal unless you have made an application for a place in our school and have then been notified in writing by us why your child could not be admitted into the relevant year group at Farndon Primary. 

If you are applying for more than one place, then you must complete an appeal for each child. 

Infant class size appeals

Statutory limits on class sizes mean that, subject to certain limited exceptions. Class sizes within Reception, Year 1 and Year 2 may not contain more then 30 pupils with a single qualified teacher. Appeals against decisions not to admit further pupils will only be considered on extremely limited grounds.

Appealing and alternative schools

• If you decide to appeal we strongly advise parents to seek a place at an alternative school in case your appeal is unsuccessful.  Securing a place at an alternative school will not prejudice your right of appeal for any other school. 

• Things to consider before you appeal 

  You must state the ‘grounds’ on which your appeal is based you need to state your reasons why you feel the decision that was made to refuse entry was not correct. You should also state any other grounds that you wish the independent appeal panel to take into consideration. 

  Grounds for appeal

  In appeals other than infant class size appeals you should consider either whether you have grounds to:

• Substantiate that the Admissions Authority’s admission arrangements do not comply with the mandatory requirements of the Schools Admissions Code (February 2012) and Part three of the School Standards and Frameworks Act 1998
  or
• that these arrangements have not been correctly and impartially applied, and had they been your child would have been admitted to our school
  or
• that you can demonstrate that the prejudice (disadvantage) that your child will experience as a consequence of not being admitted to our school exceeds the prejudice to the provision of efficient education or the efficient use of resources that would result were your child to be admitted to Farndon Primary

• You should consider when preparing your appeal whether to include copies of any supporting documentation. These are some examples of documentation that might support or corroborate statements in your appeal:

• letters or statements from doctors, other health professionals or social workers stating why your child must attend our school (professional evidence should be provided by an individual who is suitably qualified to give a professional opinion on the medical or social circumstances)

• In circumstances where a change of address is relevant to your appeal, evidence confirming your change of address should be provided.

• All supporting documentation must be provided at least seven days before the appeal.  If you submit additional information during the appeal, the presenting officer from the Local Authority may seek an adjournment from the independent appeal panel.  In certain circumstances this might require the hearing to be re-scheduled for a later date.

• Appeals process

  Our Admin Team will acknowledge receipt of your appeal form and will send this and any documentation to Democratic Services who will make the necessary arrangements for the appeal. We will notify of the date, time and venue for the hearing, this will be sent to you ten school days before the hearing.

  A copy of your documents will also be provided to the Local Authority presenting officer, who, together with the school, will prepare a written response to your appeal.

  Your appeal form and all your additional documents, together with the response from the Local Authority presenting officer, will be sent to you by Democratic Services no later than seven school days before the hearing.  The independent appeal panel will also be sent the same information.

  Following the hearing, the outcome of your appeal will be sent to you by Democratic Services within five school days.

• To make an appeal online in Cheshire West and Chester: Click here