If you apply for a place in a state-funded school and a place has been refused, you have the right to appeal against the decision of the admission authority for the school. Bishop Wordsworth’s Academy Trust is the admission authority.

Right of Appeal

If an application is made for a place at a state-funded school and a place is refused, a right of appeal is provided against the decision of the admission authority.
The admission authority for Bishop Wordsworth’s School is Bishop Wordsworth’s Academy Trust.

Appeals must follow a refusal of a place by the Local Authority. Where the qualifying standard has not been achieved, an application for a place must still be submitted in order for an appeal to be made.

The right of appeal is provided under Section 94 of the School Standards and Framework Act 1998. These arrangements apply to admissions appeals for Years 7–11.

The Appeal Panel

Appeals are heard by an independent panel. The panel is independent of the School, the Academy Trust and the Local Authority. 

The panel consists of three trained members. A Clerk is appointed to provide administrative, legal and procedural advice.

Hearings are conducted in accordance with the School Admissions Appeals Code (Department for Education, 2022). Proceedings are conducted as informally as possible, and an opportunity is provided for each appellant to present their case and ask questions.

The names of panel members are provided in advance of the hearing. Where a conflict of interest is identified – including a pre-existing knowledge of, or relationship to, a member of the panel, it must be declared to the Clerk and alternative arrangements will be made.

The Appeal Process

All appeals are determined using a two-stage decision-making process.

Where multiple appeals are received, Stage 1 may be conducted as a group hearing. Stage 2 hearings are conducted individually. Where fewer appeals are received, both stages may be heard consecutively for each case.

Stage 1 typically considers whether:

• the admission arrangements are lawful;
• the arrangements have been correctly applied; and
• the admission of additional pupils would prejudice efficient education or the efficient use of resources.

Before the Hearing

Notification of the date, time and format of the hearing will be provided by the Clerk. Where necessary, Stage 1 and Stage 2 hearings may be scheduled on separate days.

A written statement from the School outlining the reasons for refusal will be provided in advance. A copy of the appellant’s submission will also be shared. All documentation to be considered by the panel will be circulated prior to the hearing.

Additional evidence must be submitted by the stated deadline (typically five days before the hearing). Evidence received after this deadline will not normally be considered.

Information relating to test outcomes will be made available to the panel.

Attendance at the Hearing

Attendance is not required. Appeals may be determined on the basis of written submissions alone.

Where Stage 1 is not attended, Stage 2 may still be attended. Matters relating to Stage 1 cannot be revisited at Stage 2.

Stage 1 Hearing

The School’s case will be presented by a presenting officer. It will be demonstrated that:

• the admission arrangements comply with the law and have been correctly applied; and
• the admission of additional pupils would prejudice efficient education or the efficient use of resources.

Questions may be asked by the panel and by appellants.

The panel will then determine whether the case for refusal has been established. Appeals may be upheld at this stage only where it is found that:

• the admission arrangements were unlawful and a place would otherwise have been offered;
• the arrangements were not correctly applied and a place would otherwise have been offered; or
• no prejudice would arise from the admission of an additional pupil.

Stage 2 Hearing

Stage 2 hearings are conducted individually and typically last up to 40 minutes.

Appellants are invited to present their case. It must be demonstrated that the prejudice to the child from not being admitted outweighs the prejudice to the School from admitting an additional pupil.

Questions may be asked by the panel and by the presenting officer in order to clarify evidence.

Types of Appeal

Two broad types of appeal may be considered:

Oversubscription (Resources) Appeal
Where the qualifying standard has been met, it must be demonstrated that:

• the admission arrangements were not correctly applied; or
• the individual circumstances outweigh the prejudice to the School.

Selection Appeal
Where the qualifying standard has not been met, evidence must be provided to demonstrate:

• that the required academic standard is met; and
• that there are valid mitigating circumstances explaining the test outcome.

Evidence

Evidence should be relevant, objective and, where possible, independently corroborated.

Greater weight is typically given to evidence provided by appropriate professionals. Evidence relating to exceptional circumstances is expected to be proportionate and clearly evidenced.

All evidence should be submitted by the stated deadline.

Panel Decision-Making

Decisions are made in accordance with the School Admissions Appeals Code.

Where no local review process is in place, the panel must be satisfied that:

• the required academic standard has been demonstrated (where relevant); and
• the appellant’s case outweighs the prejudice to the School.

Where multiple appeals are upheld, cases may be compared only where necessary to determine which appeals succeed.

Deliberations are conducted in private. Only panel members determine the outcome. The Clerk records proceedings and advises on legal matters.

Outcome of the Appeal

The decision, including reasons, will normally be communicated in writing within five school days of the final hearing.

The decision of the panel is binding on both the School and the appellant.

Further Challenge

There is no further right of appeal.

If there is concern that the appeal has not been conducted in accordance with the Appeals Code, a complaint may be made to the Education and Skills Funding Agency (ESFA). The ESFA cannot overturn decisions but may direct that a new hearing is arranged where procedural fault is identified.

 

Further information and advice

The Appeals Code allows for the Clerk to give you independent generic advice regarding the appeal process.  If this web page is not clear please email:

Independent Clerk to the Appeals Panel
Email: admissions.appeals@bishopwordsworths.org.uk