SCHOOL ADMISSION APPEALS

GUIDANCE NOTES

If you would like a copy of this document in another format, e.g. large print, Braille or another language, please contact the Surrey Schools Appeals Service. Surrey Schools Appeals Service, Room 135, County Hall, Penrhyn Road, Kingston upon Thames, Surrey KT1 2DN Tel: 020 8541 8092 Email: surrey.schoolappeals@surreycc.gov.uk Minicom: 020 8541 9698 Website: www.surreycc.gov.uk/schoolappeals

IMPORTANT: Please read this document carefully before you complete your form as it contains key information and advice you will need in preparing your appeal. It also provides answers to important questions you may have on the appeal process. 1 When do I have the right of appeal? Under legislation produced by the Department for Education (DfE), you have the right to

appeal (provided you have parental responsibility for the child) against any decision made by or on behalf of an admission authority, as to the school your child attends. You can ONLY appeal for a school you named as one of your preferences and which you were refused a place(s).

In the case of community and voluntary controlled schools the Admission Authority is

the Local Authority. For voluntary aided, trust and foundation schools, free schools and academies the Admission Authority is the Governing Body.

For information on timescales for hearing September entry appeals please refer to

question 9.

2 Who has the right of appeal? You have the right of appeal if:

you have parental responsibility, whether or not you are the natural parent;

you have care of the child, i.e. the child lives with you and you look after him/her. It does not have to be the person who completed the preference form. You should complete one form per child per school.

3 Can I appeal for admission to Year 12?

If your child is already attending a school and is refused permission to transfer to Year 12 at that school you, and your child, have the right of appeal. In addition, if your child is refused admission to Year 12 as that particular school is oversubscribed, you and your child have the right of appeal. In these cases the process detailed in “How the Appeal Panel makes its decision” will be followed. If both you and your child lodge separate appeals for the same school these will be heard together and you will both be invited to attend the hearing.

4 What about alternative schools? It is advisable to consider alternative schools for your child, as the majority of appeals

that are considered by Appeal Panels are not successful. Officers at the Surrey Schools and Childcare Service (Tel No. 0300 200 1004) can assist you with queries on alternative schools in your area.

5 Can I appeal for a place at more than one school? Yes, you can appeal for a place at more than one school, including places at

community, voluntary controlled, voluntary aided, trust or foundation schools, free schools or academies, as long as you named the school on your preference form and have been refused a place. However, you should bear in mind that the Governing Body of a voluntary aided, trust or foundation school, free school or academy is its own Admission Authority and you should contact the school direct for details on how to appeal or check the directory of Surrey Schools on the website.

6 What if my child has an Education, Health and Care Plan (EHCP)? If your child has an Education, Health and Care Plan the Surrey Schools Appeals

Service cannot hear your appeal as this is not allowed under the legislation. You should contact the SEN Officer dealing with your case for further details on how to appeal.

7 Who will hear my appeal? An Appeal Panel made up of three independent volunteers will hear your appeal. This

will include:

lay people - someone without personal experience in the management or provision of education in any school (excluding experience as a school governor or in another voluntary capacity); and

persons who have experience in education, are acquainted with education conditions in the local authority area or are parents of registered pupils at a school.

The membership of the Appeal Panel is regulated legislation (School Standards &

Framework Act 1998). All Appeal Panels act independently and their decisions are binding on the Admission Authority and the school.

If your appeal is part of a multiple day hearing and one panel member has to withdraw part way through the hearing then all remaining appeals will be postponed until that panel member returns. If that panel member is unable to return then a replacement will be found and all appeals reheard.

A Clerk to the Appeal Panel is also present to ensure the appeal is conducted fairly.

The Clerk does not have any say at all in the Appeal Panel’s decision but is there to:

explain the basic procedure and deal with any questions you may have;

ensure the relevant facts are presented;

ensure that each party has a fair and equal chance and is heard in turn;

be an independent source of advice on procedures; and

document the proceedings, the decision and reasons. 8 What powers does the Appeal Panel have? The Appeal Panel will listen to your case and that made by the Admission Authority and

can question both parties. It will consider all evidence submitted both orally and in writing, by both parties. It will consider if the Admission Authority’s admission arrangements, including whether the coordinated admission arrangements were properly implemented.

The Appeal Panel will either uphold or refuse your appeal. It has no other power. If it

upholds your appeal, your child must be offered a place at the school you have appealed for. The decision of the Appeal Panel is final. The Appeal Panel will not comment on any allocation of a place made by any Admission Authority, nor can it allocate places at a school other than the school you have appealed for. The Appeal Panel cannot:

enter into a debate with either party on issues raised;

attach any conditions if it allows your appeal;

hear complaints or objections on wider aspects of local admission policies and practice;

reassess the capacity of the school; or

order the Admission Authority to change your position on the waiting list for the school.

Matters regarding admission arrangements or admission policies cannot be considered

by an Appeal Panel. 9 How do I lodge an appeal?

Details on appeal timetables should be published on each admission authority’s website by 28 February each year. The appeals timetable for Surrey community and voluntary controlled schools will be published on the Surrey County Council website.

If you wish to appeal against the decision of the Admission Authority please complete

the enclosed appeal form and return it to the address stated on the form. However, please be aware that some foundation, trust and voluntary aided schools, free schools and academies may have different arrangements for making an appeal. If you are not sure if you should complete the enclosed form please contact the Surrey Schools Appeals Service for clarification and to minimise any potential delay in hearing your appeal.

NB: An appeal has to be made in writing setting out the grounds on which it is made as stated in the School Admission Appeals Code 2012. Any appeal form received without any grounds of appeal will not be considered to have been lodged properly and will be returned to you. You must include at least a brief summary of your case. Additional information and evidence supporting your appeal should be submitted as soon as possible but must be RECEIVED by the Surrey Schools Appeals Service no later than 5.00pm on the day preceding three clear working days prior to your appeal hearing. Please note that any evidence or information submitted after this deadline might not be considered at the appeal hearing.

Community and Voluntary Controlled Schools As we cannot start to hear appeals until after the specified closing date we will aim to hear appeals lodged by this date within 40 school days of the closing date.

Completed appeals for September 2017 entry for secondary places (children aged 11-16) at community schools should be received by 29 March 2017 and these will be heard in May-June 2017. We will aim to hear appeals lodged on time by 16 June 2017.

Completed appeals for September 2017 entry for junior places (children aged 7-11) at community schools should be received by 17 May 2017 and these will be heard in June-July 2017. We will aim to hear appeals lodged on time by 19 July 2017.

Voluntary Aided, Trust and Foundation Schools, Free Schools and Academies If you are appealing for a junior or secondary place for September 2017 entry at a voluntary aided, trust or foundation school, free school or academy closing dates are set by each school individually. If Surrey Schools Appeals Service manages appeals for this school, a letter will be enclosed with this guidance stating by which date your appeal form should be lodged with us. We will aim to hear these appeals, if lodged on time, within 40 school days of the relevant specified closing date agreeing dates with each school individually.

It is important that you return your completed form within the time period or date specified by the Admission Authority. If you lodge an appeal for September 2017 entry after the relevant date we will aim to hear your appeal within 40 school days of that closing date or within 30 school days of being lodged, whichever is the later date.

In accordance with the DfE guidelines we aim to hear appeals for immediate entry within 30 school days of the appeal being lodged with the Surrey Schools Appeals Service. You are asked to return the completed form as quickly as possible to avoid any delays.

Please note, as appeals are not heard during any of the school holidays, if your appeal (for immediate or September entry) is lodged close to the end of the school year it may not be possible to hear the appeal until the start of the new school year. This means that if you lodge an appeal in July it may not be heard until September at the earliest. It is, therefore, important that you return your completed form within the time period or date specified as failure to do this could delay your appeal hearing.

10 What evidence might the Appeal Panel need from me? It is for you to decide what to include in your case. However, if your case is based on

medical grounds, you should, wherever possible, provide written evidence from a medical practitioner to support this. If your case is based on a house move you should provide official written confirmation of your new address. The Admission Authority may seek independent evidence from you on matters like medical conditions or your address, prior to your hearing, which confirms or supports what you say.

Please note that we retain any evidence or supporting documents sent to us as part of

your appeal. If you wish to retain any original documents please ensure you submit copies to us.

If you are considering submitting electronic evidence please take into account that a

copy of this must be supplied by the evidence deadline in a format that can be kept as part of the official record and enable it to be viewed. You must supply a laptop or other multi-media equipment for showing any electronic presentation to all parties simultaneously at the hearing.

11 Submission of evidence Your appeal form, when first submitted, must contain the written grounds of your

appeal. This can be supplemented by additional evidence and information at a later date. However, any additional information or evidence, regardless of format, must be RECEIVED no later than 5.00pm on the day preceding three clear working days prior to your appeal hearing. The Surrey Schools Appeals Service will not request further information on your behalf. You are responsible for submitting any evidence you wish to rely on during the course of the hearing.

The appeal form will be an important part of your case and you need to fill it in as fully

and carefully as possible. The Appeal Panel will be sent a copy of this before the hearing.

NB: Any information or evidence RECEIVED after this deadline or submitted on

the day, written or electronic, might not be considered at the appeal hearing. 12 What happens after I return my appeal form? Completed appeal forms are not routinely acknowledged. If you wish receipt of your

appeal to be acknowledged you must send a stamped, self-addressed envelope with the form. Appeal forms are received from many parents/guardians throughout the county. Appeals are processed as quickly as possible, however during the peak period (March to July) delays may occur.

Although you will receive the statutory notice of your appeal hearing date and time, it

will not always be possible to give you any earlier notice. PLEASE NOTE THAT APPEALS ARE NOT HEARD DURING ANY OF THE SCHOOL

HOLIDAYS, INCLUDING SUMMER SCHOOL HOLIDAYS. 13 What happens if I fail to attend my appeal hearing? If, for whatever reason, you do not attend your appeal hearing and do not contact us

beforehand, the Appeal Panel WILL consider your appeal on paper, using the written information available, including the information you submitted in your appeal form.

14 How much notice of the appeal hearing date will I have? Letters/emails notifying parents/guardians of appeal dates and times are sent in the

order in which appeals are heard. In line with statutory guidance, these letters/emails will be sent at least 10 school days in advance of the hearing. In certain exceptional circumstances we might ask parents to agree to a shorter notice period but this would be discussed on an individual basis. If you lodge appeals for more than one school you will get a separate date for each appeal, which could be some weeks apart. Due to the volume of appeals these dates will often not be in the order you listed your preferences.

If you have provided an email address on your appeal form, details of your

hearing may be sent via email rather than in a letter. 15 Will I know in advance what the Admission Authority’s case is? You will be sent a copy of the Admission Authority’s statement 7 working days before

the hearing. This will summarise:

how the admission arrangements and the co-ordinated admissions scheme apply to your application;

the reasons for the decision to refuse admission;

how the admission of another child would prejudice the provision of efficient education or the efficient use of resources; and

copies of any other documents being used by the Admission Authority as part of its case.

All documents, which you and the Admission Authority have sent to the Surrey Schools

Appeals Service, will be passed to the Appeal Panel and Clerk 7 working days before the hearing.

16 Can I go to the hearing? You will be invited to attend the hearing and present your case in person. Most parents

do take up this opportunity. You may decide not to attend your appeal hearing but to allow the appeal to be considered on the written statement you provided in your appeal form and any additional written evidence you may wish to submit. It is Surrey County Council’s policy that in these circumstances representatives of the Admission Authority may still attend the appeal hearing and may make representations to the Appeal Panel on its case only.

If you are unable to attend your appeal hearing at the notified time, and it is not

reasonably practicable to offer an adjourned hearing date, your appeal will be dealt with on paper, using the information available, including the information you submitted in your appeal form.

Members of Appeal Panels are fully aware that the Admission Authority representative

cannot question parents’ written statements if the parent is not present, but it can, if necessary, adjourn your appeal hearing to seek further information. Please note that if you are unable to attend the hearing the Appeal Panel will not be able to ask you any supplementary questions that may arise.

NB: Please be aware that if you fail to attend your appeal hearing at the stated time and

have not contacted the Surrey Schools Appeals Service beforehand, your appeal will go ahead and a decision will be made based on the written statements submitted to the Appeal Panel, even if you previously stated that you wished to attend.

Appeal Panels give equal consideration to appeals heard in the absence of the parents as to the appeals heard in the presence of both parties.

17 Can I bring anyone with me to help me present my case? You may bring with you a friend or family member to support you or speak on your

behalf. Bearing in mind the importance of maintaining a reasonably informal atmosphere, it should not normally be necessary for you to bring along a solicitor or lawyer. However, if you do want a legal representative to put your case, or wish to bring a friend or adviser, please tell us when you return your appeal form or as soon as possible thereafter. It helps in making the arrangements to know this as early as possible. You also have the right to nominate a representative to attend the appeal in your place. If you intend to be represented or accompanied you must advise the Surrey Schools Appeals Service prior to the hearing.

You can also call witnesses but if you intend to do so you should inform us when you

return your appeal form or as soon as possible thereafter.

Please note that County Councillors, employees of the Local Authority, Admission Authority or a locally elected politician can only attend as a friend or adviser if there is no conflict of interest. A representative of the school in question is not allowed to support individual appeals, either at the hearing or by providing letters of support because of possible conflicts of interest and the possibility of unfairness to other appellants. This includes teachers, staff and school governors.

18 What if I have a disability? Do please let us know if you have any disabilities or special requirements and need

assistance. We will try and meet these as far as the venue is concerned. 19 What if I need an interpreter or signer? You may have an interpreter or signer at your appeal hearing. If you would like the

Surrey Schools Appeals Service to arrange this for you please tell us which language you require on the appeal form. Alternatively, if you would prefer, you may arrange your own interpreter. If you intend to do this, please let us know 7 days before the hearing.

20 Can I bring my child? It is up to you to decide whether your child should attend the hearing. However, the

appeal is for you to put your case as parent/guardian as it is you who have the right to appeal for the school of your preference on behalf of your child. There are no childcare facilities at the venues used for the appeals and it is not appropriate for children to be cared for in the room where the hearing takes place.

Please be aware that if you bring your child to the hearing and wish them to speak to

the Appeal Panel, your child will become a witness and may be questioned by the Appeal Panel or other parties at the hearing.

21 What do I need to provide for the hearing? You are responsible for presenting your case and for deciding what you would like to

say at the hearing and what written information you want the Appeal Panel to have. If you wish to present other written information as well as the appeal form we ask you to

send this to the Surrey Schools Appeals Service as early as possible but by the stated deadline which will be indicated in correspondence sent to you before to the appeal

hearing. This will give the Appeal Panel the opportunity to consider it prior to your appeal hearing. You are responsible for providing and supplying any evidence or additional information you wish to rely on at the hearing. The Surrey Schools Appeals Service will not request further information from third parties e.g. consultants, schools, specialists etc. on your behalf.

Please be aware that submitting large amounts of late evidence may not give the

Appeal Panel sufficient time to give it proper consideration and may lead to it not being accepted or to an adjournment.

Evidence of limited relevance e.g. multiple certificates of out of school activities, family

photographs, etc should be kept to a minimum. If you wish to submit examples of school work please also keep these to a minimum and note we cannot return originals. You also need to consider the content, relevance and length of any video or electronic submissions.

NB: You cannot submit any evidence after your appeal has taken place. 22 Can I withdraw my appeal? You can withdraw your appeal at any time before the hearing by telephone, email or in

writing to the Surrey Schools Appeals Service. 23 What happens at the appeal hearing? Appeal Panels must operate according to the principles of natural justice; this means

that the conduct of appeal hearings should be based on fairness and, as far as possible, create an informal atmosphere. Due to this, hearings should not be tape recorded except where this may help a parent with a disability.

You will be sent a detailed procedure for the day when you receive notification of your

appeal date. However, a brief summary follows: At the start of the hearing the Chairman will welcome you and the Admission Authority

representative and introduce everyone present. He or she will explain how the hearing will proceed and ensure that you are given a proper opportunity to put your case.

The Admission Authority will provide a representative (presenting officer) to put the

case on behalf of the school and answer questions. Only one person can act as presenting officer but they may be accompanied by a representative of the school to assist proceedings. This additional representative will only answer questions put to them. The Admission Authority will put its case first and you will be given the opportunity to ask questions.

You will then be given the opportunity to give all your reasons for wanting your

preferred school and why you feel you should be offered a place there. The Presenting Officer will be allowed to ask you questions.

Both you and the Presenting Officer will then be given the opportunity to sum up. No

new information should be given here. The Appeal Panel may ask questions at any time.

24 What happens after my appeal? After your appeal has been heard, you and the relevant admission authority will be

notified of the decision. If your case was one of a group of appeals for the same year

group, you will not be notified of the decision until all of the appeals for the school have been heard. This may mean that you will have to wait a few days for the outcome of your appeal. You will receive an initial letter with just the decision of your appeal and a detailed decision letter giving the Appeal Panel’s reasons will follow. The detailed letter will follow as quickly as possible after the decisions have been made and ideally within 5 school days. However, due to the volume of work during the busy period (April – July) this will not always be possible.

The decision of the Appeal Panel is binding upon the Admission Authority and the

school. The Surrey Schools Appeals Service and the Admission Authority do not play

any part in the decision making process with regard to your appeal and cannot change or comment on the decision of an Independent Appeal Panel.

If your appeal has been unsuccessful and you have not accepted a place at an alternative school, you will need to contact the Surrey Schools and Childcare Service (Tel No. 0300 200 1004) or your local authority for more information on schools in your area.

If your appeal is unsuccessful you cannot normally appeal again for the same academic

year. If your appeal is successful you will need to confirm with the relevant Admission

Authority whether you wish to accept the school place you have been granted on appeal. You should also inform the Local Authority if you wish to accept or refuse the allocated place.

25 Can I complain after the appeal? There is no right of appeal against the Independent Appeal Panel’s decision. If you are

concerned the appeal did not comply with the School Admission Appeals Code (SAAC) and believe this may have affected the outcome of the appeal you can complain to the Local Government Ombudsman (LGO) or the Education Funding Agency (EFA) depending on the status of the school (see below).

The LGO can investigate complaints about maladministration (unfairness or mistake) on

the part of an Appeal Panel for maintained schools, excluding academies and free schools. Complaints can be made by calling the LGO Advice Team on 0300 061 0614 or on line at www.lgo.org.uk/make-a-complaint/fact-sheets/education. The Local Government Act 1974 provides that the Ombudsman may not investigate a complaint where there is a right to go to a statutory tribunal. It cannot question a decision by an Admission Authority not to offer a child a place at a particular school, as there is a right of appeal.

Complaints about maladministration in respect of Appeal Panels for academies and free

schools can be made to the EFA. Complaints can be made using the following link: https://www.gov.uk/schools-admissions/appealing-a-schools-decision. Please also see the EFA fact sheet in contact details and information at the end of this document.

The LGO and EFA cannot overturn the decision of an Independent Appeal Panel, but if

it is found that the appeal arrangements breached the SAAC and the breach may have affected the outcome of the appeal, the admission authority may be required to establish a fresh appeal panel to hear your appeal again.

26 What if I feel the decision of the Appeal Panel was wrong in law? If anyone concerned with the appeal - you as the parent/guardian or the Admission

Authority - consider that the decision of the Appeal Panel was legally in error, any one of them could apply for a judicial review. If a judicial review is granted, the Court would consider the lawfulness of the Appeal Panel’s decision. If it found the Appeal Panel’s decision to be unlawful or unreasonable (irrational or perverse legally), it could overturn the decision, or it could order the Admission Authority to set up a fresh appeal hearing with a new Appeal Panel.

27 Can I appeal again if my appeal is rejected? You cannot usually re-appeal in the same academic year for the same year group at the

same school. However, if you feel there has been a significant change in your circumstances you should contact the relevant Admission Authority and ask if you can re-apply. Unless your application is reconsidered and refused again there is no right to a fresh appeal.

COMPLETING YOUR APPEAL FORM Please read these Guidance Notes before completing your appeal form. The Surrey Schools Appeals Service organises appeals for all community and voluntary controlled schools in Surrey but only some of the voluntary aided, trust or foundation schools, free schools and academies. If you wish to appeal for a place at a voluntary aided, trust or foundation school, free school or academy you will need to confirm that the school has delegated responsibility for organising appeals to the Surrey Schools Appeals Service. Failure to do so could result in a delay in your appeal being heard and/or closing dates being missed. If you wish to appeal for places for two or more children at the same school or you have decided to appeal for a place at more than one school, please complete separate appeal forms (photocopies of the blank appeal form are acceptable). You should also read the “Frequently Asked Questions” section at the back of this guidance before filling in your form as this will answer a lot of your questions and give additional help in completing the form. The numbered paragraphs below correspond with the questions numbered on the appeal form. Sections 1, 2 and 3 Please give your full name, relationship to the child, home address and your home, work and mobile telephone numbers. If you wish your correspondence to be sent to another address, please include a note of this address. If you are moving to a new address please inform us of the date you will be resident at your new address. In order to ensure that any letters regarding your appeal are sent to you correctly addressed please make sure you have stated your full name in Section 1. Section 4 Please ensure that your child’s full name and date of birth are inserted. To help us in referring to your child in documentation please state if they are male or female. Section 5 Please state the name of the school presently attended by your child (if applicable). Section 6 Please state the name of the school that you would prefer your child to attend. This must be a school named as a preference on your application form and at which you have been refused a place. Your appeal is likely to be heard on the same day as appeals from other parents who have expressed a preference for the same school. It is in your interest to complete a different form for each school you wish to appeal for as this will enable you to personalise the form for each school. Section 7 Please state the name of the school to which admission has been offered by the Local Authority. If you have been offered admission at a voluntary aided, trust or foundation school, free school or academy, please state this on the form. Section 8 If your child is already of statutory school age, admission will usually be at the next appropriate point in the school term, subject to discussion. Sections 9 - 11 You are strongly recommended to attend the appeal hearing in person to present your case. You may be accompanied by a friend or be represented. Please give us their contact

details and details of their relationship to your child. If you are being represented and wish us to send a copy of the appeal papers to your representative, please tick the box on the form and provide a full address including post code. In addition, if you intend to call witness(es) please give details here. If you are being represented at your appeal hearing and want your representative to act on your behalf before and/at the hearing you must provide full contact details of this person on the appeal form. If you wish to alter your selection in question 9 regarding attendance, please contact the Surrey Schools Appeals Service (020 8541 9029/9121/9281) as soon as possible, as this may affect the date and time of your appeal hearing. Section 12 - 14 Please give details in the spaces provided if you have a disability, need assistance or if you require an interpreter or signer. Please state which language you speak if you wish the Surrey Schools Appeals Service to arrange for an interpreter or signer to be present at your appeal hearing. Please note you may arrange for your own interpreter or signer if you prefer. If you intend to do this, please let us know at least 7 days before the hearing. Appeals are usually held at County Hall in Kingston upon Thames but you can also use this space to inform us of any other accessibility difficulties you may have regarding the hearing. If you have any particular difficulties with regards to the hearing venue or timings please ensure you note these in the space provided or contact us immediately. We cannot guarantee any special requests can be met but cannot consider them if we are not aware of them. Section 15 If your child has a current education, health and care plan please tick the box provided. Please refer to question 6 of the Guidance Notes. Section 16 If you have any other children in your household please give details of each child in the section provided. This will give the Appeal Panel an idea of your family set up with regards to any potential logistical difficulties you may experience in getting children to different schools. You may also wish to expand on this in your “Reasons for Appealing”. This information is not used for data collection but if you do not wish to give it please leave this section blank. Section 17 Reasons for Appealing This is your ‘written statement’ in which you should set out fully the reasons why you think your child should be admitted to the school you named in question 6. When writing your reasons for appealing it is important that you state everything you consider relevant to your child’s appeal. You may add extra sheets if there is not sufficient room on the appeal form to detail your reasons for appealing. Please ensure you write your reasons clearly or type them. You should also refer to “How the Appeal Panel makes its decision” before completing this section. NB: An appeal has to be made in writing setting out the grounds on which it is made as stipulated in the School Admission Appeals Code 2012. Any appeal form received without any grounds of appeal will not be considered to have been lodged properly and will be returned to you. You must submit a brief summary of your case. Additional information and evidence supporting your appeal should be RECEIVED by the Surrey Schools Appeals Service as soon as possible but no later than 5.00pm on the day preceding 3 clear working days prior to the appeal hearing. Evidence RECEIVED after this deadline might not be considered by the Appeal Panel.

Previous decisions on school admission appeals do not set precedents so no-one can predict whether your appeal will be successful or not. In addition, school admission appeals are confidential so you cannot ask to see copies of previous appeals or know why other appeals were successful. Your appeal will be considered on your own individual case and circumstances. In this section you should state all the reasons why you want your child to attend the particular school; if/why you feel the admission arrangements were not properly implemented in your case and why you feel the school can take additional children. Extra Evidence Please enclose with your appeal form copies of any letters and/or documents that you wish to be taken into account at your appeal hearing. In order for an Appeal Panel to give appeals full consideration it is advisable for parents to submit all written evidence as soon as possible to enable it to be sent prior to the hearing. Evidence should be sent before the stated deadline as any evidence or information RECEIVED after that date might not be considered by the Appeal Panel. The Surrey Schools Appeals Service will not request further information on your behalf. You are responsible for submitting any evidence you wish the Appeal Panel to consider as part of your case. Please note that we retain any evidence or supporting documents sent to us as part of your appeal. If you wish to retain any original documents please ensure you submit copies to us. Allegations If you make any allegations about another school, the Local Authority reserves the right to investigate such statements.

HOW THE APPEAL PANEL MAKES ITS DECISION The Appeal Panel will take the following matters into account when it considers your appeal:- (a) any preference expressed by you, the parent, in respect of your child as mentioned in

Section 86 of the School Standards & Framework Act 1998 and amended by subsequent Acts; and

(b) the arrangements for the admission of pupils published by the Local Authority under

Section 89 of the School Standards & Framework Act 1998 and amended by subsequent Acts.

There are two stages involved in the Appeal Panel’s decision making process. First stage (factual stage) The Appeal Panel has to consider whether the school’s published admission arrangements: i) comply with the mandatory requirements of the School Admissions Code and Part 3 of the School Standards & Framework Act 1998; and ii) were correctly and impartially applied to your child. The Appeal Panel must uphold your appeal, except where there are a significant number of children affected and to admit all would cause serious prejudice, if it is clear that:

your child would have been offered a place had the admission arrangements been properly implemented; or

the admissions arrangements were in contravention of the mandatory requirements and your child was denied a place as a result.

If the Appeal Panel does not uphold at this point it then has to decide whether to admit an additional child (children) would “prejudice the provision of efficient education or the efficient use of resources”, that means having a damaging effect on the school. It is for the representative of the Admission Authority to satisfy the Appeal Panel that this is the case and that the school has reached its published admission number (i.e. is full in the year group) and that prejudice would arise. At this stage, you must raise any issues or questions you have regarding the case made on behalf of the school and/or how places were allocated. If the Appeal Panel find that the admission of all the appellants’ children would not prejudice the provision of efficient education or the efficient use of resources it must uphold all the appeals. However, in multiple appeals where a number of children would have been offered a place and the Appeal Panel agree that to admit that number would cause serious prejudice; it must proceed to the second stage. NB - If the Appeal Panel identifies any unlawful admission criteria during the course of its deliberations, it must refer these immediately to the local authority and the admission authority (if relevant). However, it is not the role of the Appeal Panel to reassess the capacity of the school but it should consider the impact of admitting additional children in terms of the organisation and size of classes, availability of teaching staff and the effect of children already at the school.

You should also raise any issues or questions you having regarding how your child’s application was processed. Second stage (balancing stage) If the Appeal Panel accepts the Admission Authority’s case that prejudice would occur it must then move on the second stage and hear your individual appeal based on your personal circumstances only. You should concentrate on the reasons why your child should attend the school in question and not on general issues regarding the prejudice of the admission of an additional child which will have been covered in the first stage of the appeal hearing. The Appeal Panel must then balance the prejudice to the school against your case for your child to be admitted to the school. The Appeal Panel will use its discretion balancing between the degree of prejudice and the weight of the parental factors. The Appeal Panel carefully considers your case and that of the Admission Authority and makes its decision accordingly. The Appeal Panel will take into account everything you and the Admission Authority’s representative put forward at the hearing, as well as everything presented in writing. The Admission Authority is allowed to submit details of any other school place you have been offered but you are also allowed to state why this school is less suitable. The Appeal Panel must not take into account where your child is on any waiting list. However, if the Appeal Panel finds there are more cases that outweigh prejudice than the school can admit, it must compare cases and uphold those with the strongest case for admission. It is therefore important that you or your representative put forward all the reasons, at each stage, you believe are important to your case and that you summarise the key points at the end of the hearing. You should also be aware that your appeal might be part of a grouped set of appeals, running over one day or longer. In these circumstances no decisions will be made until all appeals for the same year group, within that grouped set, have been heard. Please note that appeals are normally heard alphabetically based on family name.

FREQUENTLY ASKED QUESTIONS Can I appeal for more than one school? You can appeal for one or more of the schools you named on your preference form and were refused a place. It is advisable to complete one form per school you are appealing for. Please ensure that you state the full name of the school you are appealing for to avoid any confusion. You cannot appeal for a school you did not name as one of your preferences. How should I present my written case? Please ensure you complete all the boxes on the notice of appeal form. You can attach your reasons for appealing in typed form on a separate sheet(s) and write “See attached” in the relevant box. You can also attach any other relevant papers or evidence. Please do not send your completed appeal form in a folder or bound as your papers will have to be removed from this for photocopying and distribution. If you wish to submit coloured documents please note these will be copied in black and white and the originals made available to the Appeal Panel at the hearing. Alternatively, you can submit 7 copies of any coloured documents. Can I know why previous appeals were upheld for my preferred school? Previous decisions on school admission appeals do not set precedents so no-one can predict whether your appeal will be successful or not. In addition, school admission appeals are confidential so you cannot ask to see copies of previous appeals or know why other appeals were successful. Your appeal will be considered on your own individual circumstances. What if I cannot get all my evidence by the lodging date? The Surrey Schools Appeals Service must receive your completed appeal form by the closing date stated in order for your appeal to be heard in the first round of appeals. You should complete the notice of appeal form including a brief outline of your reasons for appealing. You can then send additional evidence and information at a later stage but this should be RECEIVED by no later than 5.00pm on the day preceding 3 clear working days prior to the hearing. Please ensure that you sign and send both pages of the appeal form to the Surrey Schools Appeals Service by the closing date. You should also note that the closing date might vary for different schools. Please note it is essential that you give a brief outline of your case, when you submit your appeal form, to avoid any delay in hearing your appeal. If you delay submitting evidence until after the stated deadline it may lead to an adjournment, which could last minutes, hours, days or weeks. In addition, any evidence received after the stated deadline might not be considered by the Appeal Panel. Will I get confirmation that my appeal form has been received? Due to the high number of appeal forms received it is not possible to acknowledge receipt. However you can contact the Surrey Schools Appeals Service on telephone: 020 8541 8092 to confirm that your appeal form has been received. If you wish receipt of your appeal to be acknowledged you must send a stamped self-addressed envelope with the form. When will my appeal be heard? Please refer to question 9 of the Guidance Notes.

Who will be there? There will be:

3 Independent Panel Members;

a Clerk;

a representative of the Admission Authority (Presenting Officer) who may or may not be accompanied by a school witness;

occasionally, an observer may sit in for training purposes.

What will they do and what will happen? You will be sent a detailed procedure for the day when you receive notification of your appeal date. However a brief summary follows:

At the start of the hearing the Chairman will welcome you and the Admission Authority representative and introduce everyone present. He or she will explain how the hearing will proceed and ensure that you are given a proper opportunity to put your case.

The Presenting Officer will put the Admission Authority’s case first and you will be given the opportunity to ask questions.

You will then be given the opportunity to give all your reasons for wanting your preferred school and why you feel you should be offered a place there. The Presenting Officer will be allowed to ask you questions. Both you and the Presenting Officer will then be given the opportunity to sum up. No new information should be given here. Panel members may ask questions at any time.

A Clerk to the Appeal Panel is also present to ensure the appeal is conducted fairly and that each party has a fair and equal opportunity to present their case. The Clerk does not take any part in the Appeal Panel’s decision making but is there to explain the basic procedure and deal with any questions you may have; ensure the relevant facts are presented; be an independent source of advice on procedures and document the proceedings, decision and reasons. Who is the Presenting Officer? The Presenting Officer for community schools is employed by the Admissions Team to present appeals on behalf of the Local Authority and the relevant School. The Presenting Officer for voluntary aided, trust or foundation schools, free schools or academies is normally a member of the Governing Body but sometimes this responsibility may be delegated to the Head Teacher by the Governing Body or be employed by the school specifically for this purpose. What must I do? Prepare your own case so you know what you want to say. Think about what questions you want to ask the Presenting Officer. It may be useful to write out these questions and to write out the main points of your case to prompt yourself when presenting your case. If I accept a place at the offered school do I lose my right of appeal? Even if you accept a place at any alternative school you can still appeal to any of the schools stated on your preference form where you were refused a place. Accepting an alternative place will not prejudice any appeal. What time must I arrive for my appeal hearing? Your notification letter will include the time your appeal hearing will start but you are advised to arrive at least 10 minutes before the time indicated. Please ensure that you allow adequate journey time, especially during peak times and key events. Please also ensure that you check if there is any possibilities that road works may apply on the route that you intend to use, to avoid traffic delays. In addition, you should allow adequate time for parking so you arrive before the start time of your appeal hearing. If you are late you may have to wait until the end of the day after all other appeals have been heard.

What must I bring? Please ensure you bring along your copy of the School’s case that will be sent to you prior to your appeal hearing. You cannot submit any evidence after your appeal hearing has taken place. Likewise, large amounts of late evidence RECEIVED after the stated deadline could lead to an adjournment of several minutes, hours or even several weeks. Please bear this in mind, especially if your case is part of a grouped appeal for the same school. Any evidence RECEIVED after the stated deadline might not be considered at the hearing. Can I show work of art/grades/SATS achieved by my child? You can show these to an Appeal Panel but it will usually be sufficient to verbally tell them of your child’s achievements. If you wish to show the Appeal Panel works of art/grades/etc, please be practical about the number of examples you wish to bring, and remember that original copies cannot always be returned.

Can I submit photographs of my child? Photographs can be presented to the Appeal Panel, although it is advised that this is kept to a minimum. Please note that the Appeal Panel, Presenting Officer and Clerk will see any photographs so you should carefully consider their content prior to submission including parental approval if they include other children; avoid causing offence to other parties; possible breaching of any person’s right to data protection. Can I give an electronic presentation to the Appeal Panel using a computer? The Appeal Panel would prefer you to give an informal, oral presentation. However, if you wish to show an electronic presentation, you must provide a laptop or other multi-media equipment. You will also need to provide the Surrey Schools Appeals Service with a hard copy of your presentation to retain for the official record. Can I bring a friend and can they actually speak at the hearing? Yes your friend can speak to support you at your hearing but the Appeal Panel really want to hear from you directly regarding your case. Alternatively, you can nominate someone to represent you and present your case on your behalf. Can I tape/video the hearing? Hearings should not be tape recorded or videoed except with the permission of the Chair where this may help a parent with a disability. If you make a recording or video this will not form an official record of the proceedings. Where can I get a coffee/tea if I arrive early? County Hall in Kingston has a café, as well as a Coffee shop, where you can get refreshments if you arrive early. If the counter service is closed there are machines to buy drinks and snacks. If your appeal is held at another location you will need to ask at the venue. Is there a Car Park and how much money should I put in the meter in the car park? There is a Pay on Foot car park adjacent to County Hall. Rates are £1.50 per hour up to 4 hours. If parking for more than 4 hours it caps to a £10 flat rate for the whole day (Kingston.gov.uk). An individual appeal lasts approximately 45 minutes. Multiple appeals take approximately 30-45 minutes for the School’s case and 30 minutes for your individual case. Please note that appeals can and do overrun.

If an appeal is heard earlier in the week does it have a better chance of success and mean that all places will have been granted before my appeal? If your appeal is part of a multiple appeal for the same school and year group, whether on one or more days, no decisions will be made until all appeals have been heard. Appeals are normally scheduled in alphabetical order so the timing of your appeal has no relation to your chance of success. What happens if my ex-partner wants a copy of the paperwork/detailed decision letter? Normally, all correspondence is sent to the named appellant who has completed the notice of appeal form for their child. However, where an estranged partner, with parental responsibility/rights, requires a copy of any of the appeal paperwork, including the detailed decision letter, we would first inform you, as the appellant. Please note that we cannot refuse to send information regarding your child to an ex-partner who is a parent of that child and has parental rights. We can however exclude any information/reference to yourself if you wish. How will the decision be communicated? You will be sent the decision by letter. You can phone up to get a result but we cannot guarantee what time decisions will be received and phones will be very busy during March – July. How many other appeals are there for this school? Your appeal may be the only one or it may be one of several for the same year group and school. You can ask the Clerk on the day how many appeals are being heard as part of your hearing but the number of appeals heard does not relate to the number of successful appeals. Is there a set number of appeals that will be upheld? There is no set number of appeals that will be upheld. Each individual appeal is considered on its own merits. Please see Guidance Notes for Section on “How the Appeal Panel makes its decision”. When will I know the outcome of my appeal? You will be sent a short decision letter on the day of your hearing or the next working day with the outcome and this will be followed in a few days with a detailed decision letter. However, if your appeal is part of a multiple day hearing then this short letter will be sent on the last day of appeals or the next working day after that. Is the appeal process separate to the waiting list and does the fact that I have appealed affect my position on the waiting list? The appeal process and waiting list are two separate processes. You can appeal or go on the waiting list or go through both processes. Your position on the waiting list is not affected by whether you appeal or not. However, it must be noted that if the school goes over the Published Admission Number (PAN) for any reason such as upheld appeals, the school would have to drop back to its PAN before it can offer any more places as vacancies occur from the waiting list. Can I find out where my child is on the waiting list? Yes by ringing Surrey Schools and Childcare Service on telephone: 0300 200 1004 for community schools, but for some VA, Foundation, Academy and Free schools contact the school direct. You should note that there will be a delay between receiving your allocation letter and the waiting list being drawn up.

Please do not ring the Surrey Schools Appeals Service for waiting list information as we do not hold any details. What happens if my appeal is unsuccessful? If your appeal has been unsuccessful and you have not accepted a place at an alternative school, you will need to contact the Surrey Schools and Childcare Service (Tel No. 0300 200 1004) or your own Local Education Authority for more information on schools in your area. Please note that the Appeal Panel’s decision is legally binding on the Local Authority or Governing Body and you cannot re-appeal in the same year for the same year group at the same school, unless there is a significant change in your circumstances. You can appeal for other schools stated on your preference form at which you were not given a place. For more details please see sections 25-29 of the Guidance Notes.

Other useful addresses DEPARTMENT FOR EDUCATION (DfE) Sanctuary Buildings 20 Great Smith Street London SW1P 3BT Tel: 0370 000 2288 Typetalk: 18001 0370 000 2288 Website: www.gov.uk/contact-dfe The DfE publishes a School Admissions Code and School Admission Appeals Code, which gives guidance that must be followed. Copies of the Codes can be downloaded from the link below, which also contains links to additional advice and guidance: www.gov.uk/government/publications/school-admissions-appeals-code

OFFICE OF THE SCHOOLS ADJUDICATOR Bishopsgate House Feethams Darlington DL1 5QE Tel 01325 340402 Email: osa.team@osa.gsi.gov.uk Website: www.gov.uk/government/organisations/office-of-the-schools-adjudicator THE CORAM CHILDREN’S LEGAL CENTRE The Coram Children’s Legal Centre provides free, independent advice on the admissions process and a range of education issues including bullying and exclusion, via the Child Law Advice Service. They can be contacted on 0300 330 5485 or on their website: www.childlawadvice.org.uk. ACE Education Advice You may find it useful to contact ACE – an organisation who support parents by providing online advice and information via its website on a broad range of education topics. Website: www.ace-ed.org.uk Surrey SEND Information, Advice and Support Service (SSIASS) Third Floor Consort House 5-7 Queensway Redhill Surrey RH1 1YB Tel: 01737 737 300 Email: spp@surreycc.gov.uk Website: www.sendadvicesurrey.org.uk

EDUCATION FUNDING AGENCY Website: www.education.gov.uk A copy of the fact sheet on Academy Independent Appeal Panel complaints can be downloaded at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409389/FINAL_Factsheet_-_Admissions_appeals_complaints_2015.pdf Complaints can be made via the following link: https://www.gov.uk/schools-admissions/appealing-a-schools-decision

EDUCATION FUNDING AGENCY FACT SHEET Complaints about an academy independent admission appeal panel This factsheet sets out the types of complaints parents / legal guardians can raise with the Education Funding Agency (EFA) about academy independent admission appeal panels (‘panels’). All references to ‘academies’ also cover: free schools, university technical colleges (UTCs) and studio schools. Complaints about panels for local authority maintained schools should be referred to the Local Government Ombudsman. Complaints EFA can investigate We can only investigate complaints about panels that did not follow the procedures set out in the School Admission Appeals Code 2012. Examples include:

the panel didn’t take relevant information into account in reaching its decision, or it took irrelevant information into account

the admission appeal decision letter you received following the panel hearing did not give clear reasons for the decision

you were not given an opportunity to state your case without unreasonable interruption

the panel wasn’t set up or run in accordance with the Appeals Code Where we find that something went wrong which could have affected the panel’s decision, we will recommend that the academy reviews its appeal procedures and ask the academy to hold a fresh appeal with a different panel. Complaints beyond EFA’s scope We can’t consider an appeal complaint if it was held more than 6 months ago, unless there is a good reason for the complaint being delayed. We can’t overturn the panel’s decision. A panel is independent and decisions can only be challenged in court through a judicial review, for which independent legal advice should be sought. Arranging panels is not within our remit - you should contact the academy directly to request an admission appeal. Making a complaint Details of how to make a complaint to EFA are available in the admission appeals guidance.

© Crown copyright 2015 Published: March 2015