This is an example of how an appeal hearing might be conducted where the panel hears the appeal in 2 separate stages. If the admission authority refused your child a place under infant class size rules there is a separate procedure and decision making process for this. Stage 1: admission authority’s case for refusing admission The presenting officer will explain why the admission authority does not believe it can admit any more children. Along with the panel, this will also be your opportunity to ask questions and challenge the presenting officer about why the school cannot admit more children. If there are a number of appeals for places at the same school, for the same year group, then the presenting officer will usually present the admission authority’s case (either in person or remotely) to all the parents together. Once the presenting officer has presented the admission authority’s case and the panel has enough information from them and where a break is being taken, you and the presenting officer will leave the hearing so that the panel can make a decision on whether to uphold your appeal at this stage or proceed to stage 2. The panel should uphold your appeal at this stage if it finds that either:
the school’s admission arrangements were unlawful and your child would have been offered a place if they were lawful
the school’s admission arrangements were not applied properly in your child’s case and your child would have been offered a place if they were properly applied
or
admitting another child at the school would not prejudice the provision of efficient education or the efficient use of resources.
If the panel does not uphold your appeal at this stage, it will proceed to stage 2. Stage 2: parents’ case for appeal If the appeal proceeds to stage 2, this is when you’ll present your case to the panel. If there are a large number of appeals being held together you might not present on the same day as the school’s presenting officer. The clerk will notify you of the exact timings of your appeal. You’ll present your case individually. Only the panel and the presenting officer will be present (either in person, or by video conference or telephone depending on the format of the appeal). You’ll need to explain why you believe the school should admit your child. The panel and the presenting officer may ask you questions about your case. The panel may not be able to consider any new information or evidence you present if you’ve not already submitted it in writing. After you’ve presented your case and the panel believes it has enough information to make a decision, the hearing will end. The panel will then discuss and make a decision to either uphold or dismiss your appeal in private. They will weigh up your case for wanting your child to attend the school against the school’s arguments for not being able to admit another child. The panel will uphold your appeal if it finds that the negative impact on your child of not attending your preferred school outweighs the case put forward by the school as to why it cannot admit any more pupils. You’ll receive notice of the outcome of your appeal in writing.