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20 Education

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1. Introduction

2. What choice of school do I have for my child?
If you are applying for a place for your child at the normal time that a child starts school, your local authority (LA) may limit the number of schools you can apply to. You apply to most schools through your LA even if the school is in a different local authority area.

If you are applying at a time other than when a child normally starts school (for example, because you have just moved into the area), you can generally apply to as many schools as you like. Ask the LA whether you apply through them or directly to the school. You must apply in writing by filling in an application form.

The law does not guarantee you a place for your child at the school of your choice – it says only that you have the right to express a preference. Your preference must be met if possible.

The official body that decides who gets a place is called the ‘admission authority’. For state-maintained (community and voluntary-controlled) schools, the admission authority is the LA. For all other schools, it is the school’s governing body.

When can my child be refused a place?
An admission authority can refuse your child a place at school if:

  • the school is full; in the case of an infant or primary school, giving your child a place would take the school beyond the legal limit for an infant class size (which is 30 pupils to each teacher);
  • the school is a 'selective school' and your child does not meet its entry requirements;
  • they have already been offered a place under ‘co-ordinated admission arrangements’ (where places are shared among two or more schools); or
  • your child has been permanently excluded from two or more schools, the last time being less than two years ago.

If a school is classified as having serious problems and already has many children with difficult behaviour, it may refuse a child with similar difficulties. But it may do this only if you are applying for a place outside the usual time for joining the school.

If there are more applications than there are places at a school, the school must use its ‘oversubscription’ criteria (rules) to decide who to offer a place to. These criteria must be objective (based on facts), clear and fair. They often include how far the child lives from the school and whether they have a brother or sister there. The criteria must be set out in a document that you can easily get hold of – usually the LA guide or prospectus.

Between March and September, most schools keep a waiting list for the school’s entry-level year (reception for a primary school, and Year 7 for a secondary school). A child’s place on the list should not depend on how long they have been waiting. The waiting list should be organised in line with the school’s oversubscription criteria.

What can I do if my child has been refused a place?
If your child has been refused a place at a school, you can normally appeal to an independent panel. You cannot appeal if your child:

If your child has been refused a place at a school, the admission authority should write to you to:

  • explain why they were refused;
  • tell you how you can appeal against the decision; and
  • tell you how long you have to make your appeal. (The admission authority should not refuse to accept a late appeal, but it might not consider your appeal until after it has considered the appeals that were submitted at the right time.)

To make an appeal, you must write to the admission authority saying why you are appealing. You can also send in other information at any time, including at the appeal hearing itself (though the sooner you can send any information, the better). After sending in your appeal, you will be told when there will be a hearing where you can put your case. If the date of the hearing doesn't suit you, the admission authority should try to find another date that does. You can choose to have someone represent you at the hearing, although you cannot get legal aid to cover the cost of this.

If you are applying to an infant or primary school and your child has been turned down because the infant classes have reached the legal limit of 30 children to one teacher, your appeal will succeed only if the appeals panel decides that the admission authority:

  • did not follow the rules properly and should have offered your child a place; or
  • made an unreasonable decision in the strict legal sense. This means that the decision was not logical. It is very unusual for an appeal panel to make this judgement.

For all other appeals where the school is full, the hearing is in two stages. The first stage is the factual stage, where the appeals panel decides whether:

  • the published admission arrangements were correctly applied;
  • the school is full; and
  • admitting your child would 'prejudice' (harm) the education of other children in the school, or overstretch the school's resources.

If the panel decides that it would do so, they move to the second or 'balancing' stage of the appeal. Here they must look at your child's situation and balance this against the difficulties the school would face if they had to take another child.

If you are appealing because your child was turned down for not meeting the selection criteria, the panel will look at your reasons for saying why you think your child should be given a place.

The panel should always give you their reasons for the decision in writing.

What if my child was refused a place at a nursery?
Many children go to nursery before going to a main primary school. If you have a three-year-old, you should be offered a part-time nursery place for them if you want it. You have no legal right to appeal against a particular nursery's decision if it says it won't take your child.

3. When must my child go to school?

4. May I teach my child at home?

5. What will my child be taught at school?

6. What should I be told about my child and their progress?

7. What do I have to pay for at school?

8. What can I do if my child is being bullied?

9. What rights does the school have to discipline my child?

10. What happens if my child can´t go to school?

11. What say do I have in how the school is run?

12. What if I am not happy about my child´s school or education?

13. How can I get the right education for my child if they have special needs?

14. Further Help

15. About this leaflet

This leaflet was published by the Gurkha Free Legal Advice (LSC). It was written in association with the Advisory Centre for Education.

Leaflet Version: July 2008

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