Appeal a school admission decision

8. Primary school appeals for Reception to Year 2 (Infant Class Size Appeals)

The Appeal Panel can only review the decision of the admission authority to refuse your child a place and it can only consider what the admission authority knew at the time you made your application.

In a class where most children will reach the age of 5, 6 or 7 during the school year, the size of that class is limited by Law to 30 pupils per teacher. 

In 2020, 117 Infant Class Size appeals were made and only 4 appeals were successful.

The Appeal Panel can only uphold your ICS appeal in exceptional circumstances and if it finds that:

  1. a) there will not be more than 30 children in the class if your child is given a place; or
  2. b) school places were allocated unlawfully, and you would have been offered a place if they had been allocated lawfully; or
  3. c) the admission authority’s decision to refuse admission was completely unreasonable, perverse or irrational under the admission arrangements (i.e. the rules by which places are allocated).

When submitting your appeal, please explain if you are appealing on grounds a, b or c above and provide evidence in support.

The law says that the Appeal Panel cannot take into account your personal circumstances or your practical difficulties. Parents are often disappointed that their reasons for wanting the school, however strong, cannot be considered by the Appeal Panel.

If you have been offered a place at another school reasonably near your home, your appeal is very unlikely to succeed, even if you have other children at the school you want.

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Last updated: 12 April 2021

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