ICS Guidance Booklet 2011

8/6/2019 ICS Guidance Booklet 2011

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Northamptonshire Education Appeals Panel

A GUIDE FOR PARENTS

APPEALING FOR ADMISSION

TO

RECEPTION, YEAR 1 OR YEAR 2 CLASSES

ON

INFANT CLASS PREJUDICE GROUNDS

(2011)


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For advice on completing the appeal form pleasecontact Elnora Latchman, Appeals Manager at 01604

237490

If you require this booklet or any letters in anotherlanguage please notify:

Appeals TeamDemocratic Services

Northamptonshire County CouncilP O Box 136Northampton

NN1 1ATOr

Telephone 01604 237490e-mail: [email protected]

You can also obtain independent advice from:

The Advisory Centre for Education (ACE)

1c Aberdeen Studios

22 Highbury Grove

London

N5 2EA

Telephone: 0808 800 5793 (between 2.00 and 5.00pm daily)

Or visit the website: www.ace-ed.org.uk
mailto:[email protected]://www.ace-ed.org.uk/mailto:[email protected]://www.ace-ed.org.uk/


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CONTENTS

Topic SectionPage

number

What are Infant Class Appeals 1 1 2

Can I win an Infant Class appeal? 2 2

How many Infant Class appeals succeed? 3 2

How do I appeal 4 3

Can I appeal for more than one school? 5 3

What other information should I give? 6 3

What happens after I have submitted the appeal form 7 3 - 4

When will my appeal be heard 8 4

Who are the Independent Appeal Panel? 9 4

The Procedure for Infant Class appeals 10 5 - 6

General Advice: 7

What if I cannot attend the appeal? 11 a) 7

Preparing for the appeal 11 b) 7

Can my child or children attend? 11 c) 8

How long will the appeal take? 11 d) 8

Multiple appeals 12 8 - 9

The Panels decision 13 9

Will my childs name be taken off the waiting list if myappeal is unsuccessful?

14 9

What happens if a place becomes available after theappeal?

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Can I apply for other schools? 16 10

What if I think there was a fault in the appeal process? 17 10 11

How can I get the Panels decision overturned? 18 11

Sources of Advice 19 11 12

Language support 20 12

Freedom of Information/Data Protection 21 12


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1 What are Infant Class appeals?

According to Government Legislation, infant classes must not containmore than 30 pupils with one qualified teacher. If this limit is exceeded,the school must recruit an additional teacher, and/or reorganise classes

in the following academic year to comply with this limit. (This isusually referred to as Qualifying Measures)

Infant Class appeals relate to appeals for admission to classes forchildren up to the age of 7/8 years old, when:

a) the class already has 30 pupils with 1 qualified teacher and there isno space or funds available to re-organise classes to accommodateyour child or to recruit an additional teacher; or

b) (Year 2 appeals) Although the school will not have to take qualifyingmeasures in the following academic year, admitting your child wouldbreach the statutory limit of 30 pupils to 1 teacher, which remains inforce up to the end of Year 2; or

c) the number of pupils in a future combined class (up to Year 2) will

exceed 30 pupils with 1 teacher, if another pupil is admitted now.This is generally known as future prejudice. This situation can occurwhen schools organise in mixed year groups as shown in thefollowing examples:

Example 1

Admission number is 15Years 1 and 2 are combined in 1 class for the following academicyear as follows: 15 Reception pupils will transfer to Year 1 andcombine with 15 Year 2 pupils = 30 pupils with 1 qualified teacher.

Therefore if a 16th pupil is admitted to Reception, the class for thefollowing academic year will be 31 (16 x year 1 and 15 x Year 2),breaching the Infant Class size limit of 30.

Example 2

Admission number is 45 for Reception and pupils are arranged intotwo classes of 22 and 23, each with a teacher.

In the following academic year, Years 1 and 2 are organised intothree classes of 30 pupils each:

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Year 1 45Year 2 45Total 90 = 3 classes of 30 pupils each.

Therefore if another child is admitted to Reception, one of thoseclasses will have 31 pupils, breaching the Infant Class Size limit.

2 Can I win an Infant Class appeal?

Your appeal can only be successful if:

a) It is clear that your child would have been offered a place if thepublished admission arrangements had been properly implemented;

or

b) It is clear that your child would have obtained a place if theAdmission Authority had complied with the mandatory provisions ofthe Admissions Code; or

c) The panel determines that the decision to refuse your child a placewas unreasonable in light of the admission arrangements, informationavailable at the time the decision was made, or information whichcould have been available if the Admission Authority had actedreasonably.

The legal interpretation of unreasonable for the purpose of theseappeals is: perverse in light of the admission arrangements;beyond the range of responses open to a reasonable decisionmaker; a decision which is so outrageous in its defiance of logic orof accepted moral standards that no sensible person who had appliedhis mind to the question could have arrived at it.

Where possible, you should submit evidence to substantiate either a), b)or c) above.

3 How many Infant Class appeals succeed?

The following table shows the number and proportion of successfulInfant class appeals in recent years:

Academic Year No. of appeals No. successfulPercentage

(approx)

2009/10 129 6 5%2008/9 136 16 12%

2007/8 44 4 4%2


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4 How do I appeal?

You can appeal by completing the form issued with these guidancenotes, giving reasons for appeal. Return the completed form and anyaccompanying evidence or documents to :

Appeals TeamDemocratic Services,Northamptonshire County CouncilP O Box 136County HallNorthamptonNN1 1AT

For Trust, Foundation Schools or Academies, please contact theschool directly to request an appeal.

5 Can I appeal for more than one school?

You may appeal for any or all schools refused. Reasons for appealmust be given in writing foreach school. Your appeal for each schoolwill be heard separately, although they may sometimes be heard by thesame panel members, on the same day, where practicable.

Note: You can appeal once for each academic year, for each school. However, ifyour circumstances or circumstances of the school change significantly within theacademic year, you can contact the Admissions Team to re-apply for a school place.If you are allowed to reapply, and your application is unsuccessful, you will beentitled to a new appeal.

6 What other information should I give?

If you require disabled access facilities, please let us know so that wecan ensure that suitable support or accessibility arrangements are in

place.

If you require a Sign or Language Interpreter to assist you during theappeal process, please let us know as early as possible. We willarrange this and you will not be charged for this service.

7 What happens after I have submitted the appeal form?

You will receive a short letter acknowledging receipt of your appeal form.

If you do not receive acknowledgement within 7 days of posting yourappeal form, please contact the Appeals Team to check, as it may nothave been received.

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Once your appeal form is received, it is logged on the Appeals Databaseand a date for your appeal will be arranged. If there are more than 1appeal for the same school/yeargroup, arrangements will be made forappeals to be heard by the same Independent Appeal Panel.

8 When will my appeal be heard?

a) Normal transfer years:

Appeals for Infant (Primary) classes (Reception) will be convenedwithin 40 school days from the closing date where possible. While everyeffort will be made to convene appeals before the end of the summerterm, this cannot be guaranteed.

Late appeal requests will be included with on-time appeals whereverpossible, or alternatively, will be convened within 40 school days fromreceipt of appeal forms.

b) Request for appeals outside the normal transfer times:

Appeals for admission to Infant Classes outside the normal transfertimes/year groups will be convened within 30 school days from receipt ofyour appeal form.

Note: appeals lodged less than 30 school days before the end of a school year/term,may not be convened before the following year/term.

9 Who are the Independent Appeal Panel?

Independent Appeal Panels members are recruited and trained speciallyfor this role. They operate according to Tribunal rules and regulations.

Each Panel must have at least 3 people, but could be 5. If there are 3

members, one will chair the appeal, at least one member will haveexperience in education (non-lay), and at least one member will have noexperience in education (lay).

Panel members must have no direct link with the Admission Authority orschool which is the subject of appeal, or appellants which could raisedoubts about their impartiality. However, one or more could be teachersor retired teachers from a different school or area.

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10 The procedure for Infant Class Appeals

Note: The Independent Appeal Panel may adjourn at any time during your appeal ifit becomes necessary, e.g. if they wish to consult each other in private, seek legaladvice, or if they require additional information/evidence to be obtained.

i) On arrival you will be shown to a waiting area and the PresentingOfficer will be shown to a separate waiting area.

ii) The Clerk will introduce him/herself to you and explain theprocedure, location of fire exits, toilets and any other facilities.He/she will ensure that you understand the limitations of InfantClass appeals.

iii) To start your appeal, you (and your supporter) will be invited into

the meeting room at the same time as the Presenting Officer (andSchool Representative, if applicable).

iv) The Chair will perform introductions and invite the PresentingOfficer to verbally explain the reasons for not admitting your childto the class/school, referring to their Statement of Case previouslycirculated.

v) The chair will invite you and the panel to question the verbal and

written information given by the Presenting Officer, to clarify thefacts and circumstances of the school and year group, theAdmission Criteria and procedures for allocating places.

vi) Single appeals : After all questions have been asked andanswered by the Presenting Officer, the Chair will ask you toexplain your reasons for appeal. Although the Panel can onlyuphold your appeal on limited grounds, you may tell the panelanything you wish them to consider.

vii) Multiple appeals : If there are several appellants, there will be anadjournment after the Presenting Officer has answered allquestions about the allocation process and circumstances of theschool. All appellants and Presenting Officer (including anysupporters or witnesses) will be asked to leave the meeting room.Alternatively, the panel and clerk may withdraw to a private room.

The Clerk will then invite each appellant back into the meetingroom, (at approximately half hour intervals), together with the

Presenting Officer. Your appeal will then proceed as at viii) below.

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viii) The Chair will invite you to give a verbal presentation of yourreasons for appeal to show that:

a) An error had been made in the allocation of school places, and

your child would have obtained a place if the error had not beenmade; or

b) Your child was refused a place due to the failure of theAdmission Authority to comply with the mandatory provisions ofthe Admissions Code; or

c) The decision to refuse your child a place was unreasonable inlight of the admission arrangements and/or in light ofinformation available to the Admission Authority at the time of

its decision (or information which would have been available ifthe Admission Authority had acted reasonably)

Note: You may tell the panel anything you wish, but please note the limitedcircumstances for a successful appeal as explained above and in Section 2page 1. Where possible, evidence to support your reasons would be helpfulto the panel.

ix) The Panel will ask you questions to ensure that all your reasonsfor appeal and relevant circumstances are understood. The Chairwill ensure that the Presenting Officer also has the opportunity toquestion you and/or respond to your reasons for appeal.

x) You must tell the panel all your reasons for appeal, as nothingcan be added after you and the Presenting Officer have leftthe meeting room.

xi) After all questions and answers the Chair will confirm that you (andyour supporter) and the Presenting Officer (and witness) should

leave the meeting room at the same time. You must then leavethe premises.

xii) The panels Decision After all appeals have been heard, thepanel will review each individual case, as well as the admissionauthoritys case, and will decide whether your appeal can beupheld under a), b) or c) above.

xiii) The clerk will arrange for a decision letter to be sent to you within 5working days, or in the case of multiple appeals, within 10 workingdays.

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11 General Advice Preparing for your appeal

a) What if I cannot attend the appeal?

When you receive notification of your appeal time and date, youmust notify the Appeals Team immediately if you will be unable toattend. We cannot guarantee to re-arrange your appeal,especially if there are multiple appeals for the same school whichmust be heard by the same panel. However, every effort will bemade to accommodate you where possible.

If you wish the appeal to proceed in your absence, you shouldnotify the Appeals Team in advance and ensure that all yourreasons for appeal are submitted in writing, giving as much detail

as possible, including supporting evidence. You may also arrangefor a representative, such as a family member or friend to attendon your behalf, giving us written notification in advance.

Your appeal will proceed in your absence if you do not arrive intime.

b) Preparing for the appeal:

Gather all additional evidence and information you wish to submitand forward to the Appeals Team as soon as possible, so theycan be circulated 7 working days prior to your appeal. Additionaldocuments should be received no later than 3 clear working daysbefore the appeal date.

You may submit one single page document such as a doctorsletter or letter confirming exchange of contract at the time of yourappeal.

If you submit more than one page or substantial new information atthe appeal, the panel may decide to adjourn your appeal for ashort time, or to a later date. This is to allow adequate time for allparties to read and consider the new information, and so that thePresenting Officer can respond.

Likewise, if the Presenting Officer submits significant newinformation at the appeal, the panel may decide to adjourn your

appeal for a short time, or to a later date, to ensure that you havesufficient time to consider and respond to the new information.

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c) Can my child or children attend?

While it is your decision whether you wish the child to attend,please bear in mind that the appeal process can be quite stressfulfor parents and additionally so for children. While the Panelrespects your right to bring your child along, it is notrecommended.

Wherever possible, you should make childcare arrangements foryoung children so that you can give your full attention to yourappeal. It is also important that the panel or other appellants arenot disturbed by young children during the course of the appeal.

d) How long will the appeal take?

If your appeal is the only one, it will usually take between 45minutes and 1 hours. If there is more than one appeal for thesame school/year group, please see the Multiple Appeals sectionbelow.

12 Multiple Appeals

When there is more than one appeal for the same school/year group, a

2-stage process will be followed.

First stage: All appellants will be invited to the first stage at the sametime and date. All appellants will therefore hear the same presentation,questions and responses regarding the allocation process andcircumstances of the school.

At the end of all questions, there will be a short adjournment, when allappellants, the Presenting Officer and any school representative willleave the meeting room.

This stage usually takes about 1 hour, but can be longer depending onthe number of questions.

Second stage: Each appellant in turn and the Presenting Officer willthen be invited back into the meeting room. Appellants will return eitherin alphabetical order (according to childs surname) or, you would havepreviously been given a specific time.

The chair will ask you to explain your reasons for appeal to the panel,referring to documents submitted where necessary.

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You will be questioned by the panel to ensure that your reasons forappeal are clearly understood. The Presenting Officer may alsoquestion what you have said, or respond to your reasons for appeal.

The panel will hear all appellants cases before making any decisions.

13 The Panels Decision

After all appellants cases have been heard, the panel will decide in eachindividual case whether:

a) Your child would have obtained a place if the Admission Authorityhad adhered to the published admission criteria andarrangements;

b) Your child would have obtained a place if the publishedarrangements had been lawful, or if the Admission Authority hadadhered to the Admissions Code;

c) The decision to refuse your child a place was unreasonable in lightof the admission arrangements and information available to theAdmission Authority at the time of its decision (or information thatwould have been available had the Admission Authority actedreasonably).

If the panel finds that your reasons for appeal clearly satisfy a), b) or c)above, your appeal will be successful and your child will be admitted tothe school.

Alternatively, if your reasons for appeal do not satisfy any of the abovea), b) or c), your appeal will be unsuccessful. The Independent AppealPanel must refuse your appeal unless one of the 3 above conditions aremet.

Any changes to the procedures in this booklet (e.g. as a result of newinformation from Case law or the DFE) will be notified to you when youare informed of the date and time of your appeal.

14) Will my childs name be taken off the waiting list if my appeal isunsuccessful?

No. If you had asked for your childs name to remain on the waiting list,it will remain until the end of the academic year for which you applied.

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15) What happens if a place becomes available after the appeal?

If a place becomes available at the school after your appeal, theAdmission Authority will use the published admission criteria toreallocate the available place from the waiting list.

When reallocating the available place, the Admission Authority mustapply the admission criteria to all children on the waiting list, includingany later applicants, and those who have not appealed. However, ifyour childs name is the only one on the waiting list, the available placewill be offered to your child.You will need to contact Foundation schools, Aided schools andAcademies directly to put your childs name on their waiting list.

16) Can I apply for other schools?

You can apply for any school, other than the ones you have beenrefused. This can be done by contacting the Admissions Team [email protected].

17) What if I think there was a fault in the Appeal Process?

If you think your appeal was not administered or conducted fairly orproperly, please notify the Appeals Manager in the first instance. He/shewill investigate whether any failure had occurred in your appeal causingunfairness, and determine if it would be appropriate to arrange a freshappeal for you.

You also have the right to complain to the Local GovernmentOmbudsman if you believe there had been maladministration in theappeal process. Although the Ombudsman cannot overturn anIndependent Appeal Panels decision, they can recommend a freshappeal, if they decide that maladministration had occurred.

You can make a complaint to the Local Government Ombudsman viatheir website www.lgo.org.uk or by writing to:

Local Government OmbudsmanNo 2 The OaksWestwood WayWestwood Business ParkCoventry

CV4 8JBTelephone: 02476 820000 Website: www.lgo.org.uk

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mailto:[email protected]://www.lgo.org.uk/http://www.lgo.org.uk/mailto:[email protected]://www.lgo.org.uk/http://www.lgo.org.uk/


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Although the Secretary of State cannot overturn an IndependentAppeal Panels decision, you can complain to him/her if you think thatthe Independent Appeal Panel was not properly constituted or if youthink that the Admission Authority acted unreasonably or failed to adhere

to legislation or statutory guidance.

18) How can I get the panels decision overturned?

Only the Courts can overturn an Independent Appeal Panels decision.Parents and Admission Authorities can apply (via your own solicitor andat your own expense) for permission to seek Judicial Review in the HighCourt, if either party thinks that the panels decision was legally flawed.Only by direction, or with the permission of the court, can a panels

decision be overturned (usually followed by a fresh appeal).

19) Sources of Advice

If you need clarification about any part of this booklet or about theappeal process, please contact:

Appeals ManagerDemocratic ServicesNorthamptonshire County CouncilP O Box 136County HallNorthamptonNN1 1AT

Telephone: 01604 237490e-mail: [email protected]

For additional information about the Allocation of school places or

information about schools, please contact:

Admissions TeamNorthamptonshire County CouncilP O Box 216John Dryden House8 10 The LakesNorthamptonNN4 7DD

Telephone: 01604 236236e-mail: [email protected]

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mailto:[email protected]:[email protected]:[email protected]:[email protected]


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Free Independent advice can also be obtained from:

The Advisory Centre for Education (ACE)1c Aberdeen Studios22 Highbury Grove

LondonN5 2EA

Telephone: 0808 800 5793 (between 2.00 and 5.00 pm daily)Or visit the website: www.ace-ed.org.uk

20 Language Support

If you require a Sign or Language Interpreter to assist you at the appeal,or require this booklet in another language or format, please inform theAppeals Manager at 01604 237490.

21 Freedom of Information and Data Protection

Appeal records are exempt from the Freedom of Information Act whichapplies to Local Authorities, and are not normally available to the parties.Appeals records are the property of the Independent Appeal Panel, atribunal body under the authority of the courts. Consequently, appealrecords are registered under the Data Protection Act, separately from

the County Council.

Your appeal record will be provided to the Local GovernmentOmbudsman if you lodge a complaint with that body. Your appealrecord will also be provided to Court representatives if you or theadmission authority decides to seek Judicial Review of the panelsdecision.

Electronic Data: When you lodge an appeal, details of your child and

family (as provided on the appeal form) are logged on an electronicdatabase which is only accessible to the Appeals Team. Hard copies ofyour appeal documents are provided to the Admissions Team, but arenot shared without anyone outside the appeal process.

Appeal records are retained on behalf of the Independent Appeal Panelsfor no longer than 12 months after the appeal date. They are thendestroyed by confidential shredding.

If you have any concerns about the procedures explained in this guidance, please contact theAppeals Manager at [email protected] , or telephone 01604 237490.

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http://www.ace-ed.org.uk/mailto:[email protected]://www.ace-ed.org.uk/mailto:[email protected]

ICS Guidance Booklet 2011

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