How to appeal a secondary school place

Every parent who applies for a state school place and is refused has the right to appeal to an independent panel. This applies to all state-funded schools including academies, free schools, faith schools and grammar schools.

The refusal letter you receive after National Offer Day will explain how to appeal, who to contact and the deadline for submitting your appeal. Read this letter carefully — the deadline and process vary by school and admission authority.

Most secondary school appeals are heard under the Infant Class Size prejudice rules or the balance-of-prejudice test, depending on the school and the reason for refusal.

For most secondary schools, the panel weighs the prejudice — or harm — that admitting another child would cause the school against the prejudice your child would suffer by not attending. If your case outweighs the school's case, the appeal succeeds.

Infant Class Size appeals apply to Reception, Year 1 and Year 2 only and are harder to win. For secondary schools you will almost always be using the balance-of-prejudice test.

• The admission rules were not applied correctly to your child's application.
• The school's case that it cannot admit another child is not strong enough to outweigh your child's need.
• There are specific medical, educational or social reasons your child needs that particular school.

A successful appeal is specific. Explain exactly why your child needs this school — not just why it is a good school. Panels hear many appeals and generic reasons carry little weight.

Focus on what makes your child's circumstances different and why the impact on your child of not attending outweighs the school's difficulty in admitting an extra pupil.

“

The panel cannot award a place simply because you prefer the school. Your case must show specific harm to your child from not attending.

• Medical needs: a letter from a GP or specialist explaining why the specific school is needed for your child's health or treatment.
• Educational needs: evidence of specialist provision, support or programmes available at that school but not at the offered school.
• Social or family reasons: specific evidence of why proximity, sibling connections or community ties are critical for your child.
• Errors in the admissions process: identify the specific error, reference the admissions policy and show what outcome the correct application of the rules would have produced.

Submit your written grounds of appeal by the deadline in the refusal letter. You must be given at least 20 school days from the date of the refusal to submit your appeal.

Include all your supporting evidence with your written submission. You can still send additional evidence after submission, but it must be received by the school or panel at least three school days before the hearing.

Keep copies of everything you send and note the date of submission. If you submit by post, use recorded delivery.

The appeal panel is independent of the school and the council. It usually consists of three people: a mix of people with educational experience and lay members with no connection to the school.

The hearing has two stages. First, the admission authority explains why the school is full and cannot admit another child. Second, you present your case. The panel asks questions of both sides before making its decision.

You can attend in person, bring a friend or representative, or submit your case in writing if you cannot attend. The panel decides by majority. Their decision is binding — if they uphold your appeal the school must offer a place.

You will usually receive the panel's written decision within five school days of the hearing. If your appeal is upheld, the school must offer your child a place.

If your appeal is unsuccessful, you cannot appeal again for the same school in the same academic year unless there has been a significant and material change in your circumstances. You can remain on the school's waiting list and continue to pursue other options.

Even if an appeal fails, remaining on the waiting list is worthwhile. Secondary school waiting lists can move significantly between March and September as families move, accept alternative offers or change plans.