What Does The Panel Consider?
In considering your appeal the Appeals Panel must be satisfied that the admission arrangements were properly implemented. If they decide that the admission arrangements were not properly implemented in a particular child's case and the child would have been offered a place had they been properly implemented, then the Panel should allow that appeal.
The Appeals Panel will look next to see whether the provision of efficient education or the efficient use of resources would be prejudiced by compliance with the parental preferences (i.e. by admitting all the children appealing for places at the school). If the Panel decide that to admit all the children appealing would not cause prejudice to the provision of efficient education or the efficient use of resources then the Panel must allow all the appeals and offer all the children a place.
If the Panel decides that provision of efficient education or the efficient use of resources would be prejudiced by compliance with the parental preferences, it must then consider whether the prejudice to each Appellant outweighs the prejudice to the school. If there is more than one case where the prejudice to the Appellant outweighs the prejudice to the school, the Panel will have to compare and balance one case against another to decide which cases are strong to establish which appeals should be allowed.
The Panel will have to consider the reasons given by parents/carers for preferring the particular school and the school’s published admission arrangements. It cannot, however, consider complaints about the wider aspects of local admission policies and practices. It can only consider concerns about admission arrangements in the context of the appeal for the particular child.
Appeals by Parents Seeking Admissions to an Infant Class Where a Limit of 30 Children Per Teacher Applies:
If the decision not to offer a place to your child was made on the ground that prejudice to the provision of efficient education or the efficient use of resources would arise because of measures which would have to be taken to ensure there are no more than 30 children per teacher in an infant class, there are only two circumstances in which the Appeal Panel can determine that a place is to be offered to him /her.
Firstly, where the child would have been offered a place if the admission arrangements had been properly implemented or,
Secondly, where the appeal panel is satisfied that the decision to refuse admission was not one which a reasonable admission authority would make in the circumstances of the case.
The circumstances of the case include your child's particular circumstances including the preference expressed by you and the admission arrangements.
