If you have your heart set on a preferred school, it can be upsetting if you don’t get offered a place. Parents have the right to appeal to an independent panel. Find out more about the appeals process.

Admissions Appeals to the Independent Appeals Panel
Notes for guidance 

These notes are intended to help you understand how the independent appeal system operates. They amount to a very brief summary of the law and procedures. If you have any problem or queries about the appeal, please contact the Clerk to the Independent Appeals Panel at the school.

You should send your completed form to the school. The notes are based upon the document Code of Practice: School Admission Appeals Code published by the DfE in 2022

1. Basis of the Governors’ Decision 

Under Section 86 of the School Standards and Framework Act 1998 (as amended by the Education Act 2002) Ryburn Valley High School must comply with a parent’s wishes when admitting students to the school unless: 

• it would prejudice the provision of efficient education or the efficient use of resources.

2. Right of Appeal 

A person who is not satisfied with the decision of the Governors can appeal. The Appeal Panel is independent of the Governors. It is composed of lay people and people with education experience who have not been involved in the original decision. It is open to investigation by the The Education and Skills Funding Agency (ESFA). The Department for Education has issued a code of practice, which will be closely followed by the panel. A Clerk will be present at the hearing to advise the Panel on law and procedure.  

3. How to Appeal 

Appeals can be made by completing the appeal form and providing any supporting evidence you would like the panel to take into consideration  as part of your case.

You will then be given a date and time to present your appeal to an Independent Admission Appeals Panel.

You will be given at least 10 school days’ notice of the appealing date.

4. Grounds for Appeal 

5. Adjournments and Absence 

If you do not attend the appeal hearing, the Panel can consider your case based on your written submission. as per 2.13 of the School Admission Appeals Code They may then hear oral evidence from the Governors. There will be no opportunity for the case to be heard again. 

6. Timing of the Appeal 

Where possible the Appeals Panel will hear all the appeals on the same day. If this is not possible, the Panel will, if possible, arrange to meet on consecutive days. No decision will be made until all the appeals have been heard. 

7. The Hearing 

The Appeals Panel will conduct the proceedings in an informal manner. The order of events will be as follows: 

• the Governors’ representative will explain why they feel that  it would be prejudicial to the efficient provision of education and  efficient use of resources to admit more students into the required year group. You and the Panel may ask questions. 

• you will explain why you feel that it would be more  prejudicial to your child’s education to not be   given a place in the school. The Governors’ representative and the Panel may ask you questions. 

• both sides will sum up their case. You will have the last word. 

It is important to remember that a number of parents are competing for places at the school.

8. Representation 

The atmosphere of the Appeal hearing is intended to be informal. The Council on Tribunals, which oversees the operation of Appeals Panels, and the Department for Education, which gives guidance on procedures, both agree that legal representation is hardly ever necessary or appropriate. However, you are welcome to bring a friend or representative with you if you wish. If you require a translator, one will be provided for you. 

Appeals are held in private, via a virtual platform.

9. Evidence 

You need to prove your case. If you wish to suggest that there are medical, educational or psychological reasons in favour of your child's appeal, it would be helpful to produce written evidence from appropriate expert sources. Normally, there is no need for students or witnesses to attend. A letter is usually appropriate evidence. 

Remember that written evidence should be submitted at the same time as the completed form. 

10. The Decision 

The Appeal Panel must adopt a two-stage process in reaching its decision. First, it must decide whether allowing more students into the school would prejudice the provision of efficient education or the efficient use of resources. If not, then some students must be admitted. 

If it decides that the school has a reasonable case, it must move onto the second stage, and consider the argument for each child. If, on balance, it decides that the parents’ argument is stronger than that of the school, then it will decide that the child should be admitted. 

You will receive a letter informing you of the Appeals Panel’s decision after all the appeals have been heard. The decision is final, binding on the school and on the parents. 

Complaints about an academy independent admission appeal panel

The Education and Skills Funding Agency (ESFA) is the government agency responsible for investigating complaints about academy admission appeal panels.  It can only investigate complaints about panels that did not follow the procedures set out in the School Admission Appeals Code 2022, rather than complaints where a person feels that the decision taken is wrong. Information relating to how to make a complaint is available at the following https://www.gov.uk/schools-admissions/appealing-a-schools-decision

Post-Reallocation appeals

For those wishing to appeal for a place in the September 2024 Year 7 cohort following reallocation, the school will be in contact in due course. The deadline for all appeals for this period is Wednesday 10 May. Appeals will be heard in June 2023. Please contact m.thorley@rvhschool.co.uk if you have any queries.

More Information and Guidance