Following her article on school admissions for a child who stammers, BSA Education Officer Cherry Hughes looks at how to appeal in England if an application is refused.

To succeed, a parent's appeal must prove that either (a) the school did not apply its admissions criteria correctly, or (b) the problems faced by the child in going to another school outweigh the trouble for the school in admitting the child. The procedures for the appeal are in the letter offering a school place and these must be followed.

Many appeals fail simply because forms are not filled in fully and returned in time, vital questions are incorrectly answered, or evidence is not provided. The outcome may be that a child is not offered a place.

If possible, an appeal should show that your child does indeed meet the school's admissions criteria. I stressed in my previous article on admissions that parents should ensure when applying that they have matched the admissions criteria, because these are used when there are more applicants than places. In an appeal, you now need to emphasise the needs of your child who stammers under the relevant admissions criteria, usually the social and medical criteria. If you have already provided information on this, you must review it and, if possible, add to it. My advice is always to be honest but put absolutely every piece of evidence you can think of into your appeal. However, avoid emotional pleas of any sort. Stress that your child has special educational needs that can only be catered for at your preferred school. You would need to prove this by providing evidence, which could include confirmation that s/he is receiving speech and language therapy. Some therapists may feel able to support your school preference and provide a letter for the panel. Also it is helpful if your child is placed on 'School Action' or 'School Action Plus' as that tangibly demonstrates that your child has needs that require additional support in the education setting. You may also know that the school has expertise in managing communication needs and this should be mentioned. The BSA can also provide information about stammering and the educational needs of a child who stammers; this has helped other parents.

Appeals are not adjudicated by the school or local education authority, but by independent 'lay' people, usually drawn from the local community. They will consider all parents' points, including those not part of the school's admissions criteria. If there are further 'special considerations' you will need to spell them out fully.

Attending the appeal hearing

You are strongly advised to come to the appeal hearing, as this is your opportunity to put your case to the panel. You may bring a friend, who could be a professional advocate if you choose. There are commercial services available that service school appeals at a cost. If you cannot attend, your appeal will be considered on the basis of whatever written information you have provided. There are set procedures which must be followed but the proceedings will be as friendly and informal as possible.

What happens on the day?

After introductions by the chair of the panel, the proceedings at the appeal hearing will follow the order set out below:

1. The case for the council is put by an officer from the local authority. This will explain why your child has not been given a place at your preferred school.

2. You (or your representative) and the panel can then ask questions.

3. You (or your representative) will be asked to put your case. You should explain your reasons for wanting your child to attend the school. The appeal hearing is confidential and you should include all information that is relevant to your case. You will not be able to add anything after the hearing. I have known of parents who have confessed at appeal meetings that they are ill or disabled, which means their child needs to go a school which is easily accessible by train or bus but not necessarily the closest school, and have succeeded with their appeal. The panel has the power to ignore a school's admissions criteria and can respond to new information presented to them.

4. The local authority representative and the panel then may ask questions.

5. Summing up by the local authority representative.

6. Summing up by you or your representative. This is the opportunity to highlight the main reasons for your appeal or to add anything you may have forgotten.

After your appeal, you and the LA representative will be asked to leave. The panel will then make their decision in private.

The panel's decision

The appeal panel will consider all the information that you and the LA representative have presented to the hearing. They will usually make their decision as to whether to allow or refuse your appeal on the same day as the hearing, or, if there is more than one appeal for the same school, on the day of the last hearing. The clerk will write to you to inform you of the panel's decision.

If you wish to discuss your child's admission, see Cherry's contact details.

Extended version of an article from the Winter 2008 issue of 'Speaking Out', page 13

See also: School admissions