Legal Q&A: School admissions

If a child has not been given any of the parent or carer's preferred school choices, what are the options?

The Child Law Advice Service recommends that parents:

• Wait for the letter giving the reason for refusal
• Accept the place the child has been given
• Check the child's place on the waiting list for their preferred schools and how often this will be reviewed
• Collect the information from the school about their admissions arrangements, the Published Admissions Number, Net Capacity Assessment, staff capacity, the number of pupils in each age group, information about the classroom sizes and communal areas
• Follow the instructions from the admissions authority about how to lodge an appeal

If a parent or carer accepts the school their child has been offered, can they still appeal the refusal of the first preference school?

Yes. It is advisable to accept the place the child has been offered and/or locate another school to ensure the child has a school place.

What is infant class size prejudice?

Infant classes (those where the majority of children will reach the age of 5, 6 or 7 during the school year) must not contain more than 30 pupils with a single school teacher. A child can be refused on the basis that they have already filled all 30 places. Additional children may be admitted under exceptional circumstances.

Can a place be refused if a school does not have a good Ofsted rating?

Generally, appeal panels will not accept this reason. A parent or carer must demonstrate why their child's needs outweigh the prejudice caused to the school by accepting another pupil.

How can it be proven that a child practises the religion of their chosen faith school?

Faith schools must have regard to any guidance from the body or person representing the religion or denomination when setting admissions arrangements. A parent or carer should consult this body or person to see how to demonstrate that a child belongs to a particular faith.

www.childlawadviceservice.org.uk