Community and voluntary controlled schools within North Lincolnshire
(i) Appeals procedure under the school standards and framework Act 1998 (as amended by the education Act 2002)
If parents are dissatisfied with the decision of North Lincolnshire Council they may lodge an appeal. Parents should apply in writing to:
Learning, Schools & Communities
Hewson House
PO Box 35
Station Road
Brigg
DN20 8XJ
Parents must clearly state the grounds through which they wish to appeal. The final date for receiving appeals will be the date specified on the notice of appeal.
An independent appeals panel will hear the appeal. The procedure is generally a two stage process. In the first stage, the council has to convince the appeal panel of the reasons for the refusal of a place. If the panel determines that prejudice would occur if a further admission were allowed then the second stage allows the parent to make their case. The panel then balances the case presented by the parent against the prejudice that would be caused by admitting more pupils. The decision of the appeal panel is binding on the council and on the parent.
The two stage appeals process applies to all prejudice appeals. An exception is where class size prejudice is an issue (see below ‘Appeals for infant year groups’).
(ii) Appeals for infant year groups
The council can refuse admission to an infant year group for two reasons. Firstly because the admission limit has been reached or secondly, because the class the pupil would be in would exceed 30.
This has created two types of appeals. If the council refuses because the admission limit has been reached, even with classes below 30 the council believes there would be prejudice by admitting further pupils; the appeal will be a two stage hearing.
If the council refuses because the class the child would be in will exceed 30 the appeal will be one stage. In this situation the appeal panel can only allow the appeal for two reasons. Firstly if it is satisfied the decision to refuse the child a place was not one that any reasonable admissions authority would make. Secondly, that the child would have been offered a place if the published admission arrangements had been properly implemented.
It will be made clear when responding to a parent who has lodged an appeal for an infant year group which of the appeal processes will be used.
(iii) If a place is refused other than at the normal stage of transfer an appeal will be offered.
Voluntary aided schools within North Lincolnshire
Appeals against the refusal of admission for voluntary aided schools are the responsibility of the governors. This is under the school standards and framework Act 1998. The governing bodies ensure that an appeals procedure exists within the school’s admission arrangements.
Schools outside North Lincolnshire
Appeals against refusal of admission to any school that falls outside North Lincolnshire are the responsibility of that council. It is the responsibility of the governors of the school if they are the admission authority. Further information can be obtained by contacting the relevant council.
Special schools
There is a separate procedure for pupils who have a statement of special education needs (SEN). For further information visit our SEN page.