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Secondary School National Offer Day: The Appeal Process

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Secondary School National Offer Day: The Appeal Process

3 March 2025 is a big day for children who will move to secondary school in September. 3 March 2025 is National offer day for primary school Year 6 children, who will find out their secondary school place.

The anticipation of waiting to hear if your child has been given a place at their school of preference can be an anxious time.  It could become complex if a parent wishes to appeal a decision refusing to offer their child a place, at their preferred choice of secondary school. The School Admissions Code governs the admissions process. The purpose is to ensure that school places are allocated in an open and fair way, in line with the Code.

What is the Secondary School Admissions Appeal Process? 

Every secondary school must have published admission arrangements setting out how children will be given a secondary school place and what will happen in the event there are more applications than places that the secondary school has to offer.

There are different Admission Authorities (“AAs”) for maintained schools and academies. The relevant AA will depend on the type of school that your child attends. The main responsibilities of the AAs are:

  • to determine the admission arrangements;
  • make admission decisions, and;
  • make arrangements to enable appeals against admission decisions.

Parents must have applied to their Local Authority expressing a preference of at least three schools by 31 October 2024, for their child’s secondary school place. This can include a school outside the Local Authority.

If a secondary school has the space, then it must offer a school place to any parent that has applied. Where there are more applications made than school places available the AAs must rank applications in line with the school’s published oversubscription criteria. The list of applications is then sent back to the Local Authority and the offers are communicated to parents on 3 March 2025, National Offer Day.

What are the most frequent reasons for Secondary School Admission Appeals? 

Parents may appeal for several reasons, including:

  • Oversubscription Issues – The preferred school received more applications than available places.
  • Medical or Social Needs – A child has specific needs that can only be met by the chosen school.
  • Errors in the Admission Process – A mistake in the admissions process led to an unfair rejection.
  • Distance from the secondary school – There may be a dispute about the calculation of distance.
  • Sibling Placement – A sibling already attends the school, and attending a different school would cause logistical difficulties.

 

It is important to note that looked after children must be given top priority when a school is oversubscribed, and a school named in a child’s Education, Health and Care Plan (EHCP) must offer that child a place.

Should your child’s admission to a secondary school be refused, you must be informed of this decision. You must also be provided with the following information:

  • the reasons for the decision;
  • that there is a right of appeal;
  • the deadline to lodge an appeal;
  • the contact details for making an appeal; and;
  • the process for hearing such appeals.

How do I appeal decision to refuse Secondary School Admission? 

Parents have the right to appeal against the decision to refuse their child’s admission to a school. The Admissions Appeals process is governed by the Schools Admission Appeals Code.

The AAs must arrange for an independent appeal panel to hear appeals and set a timetable for organising and hearing appeals, this timetable must be published by 28 February 2025. This timetable should include a deadline for submitting appeals, allowing appellants at least 20 school days from the date of notification that their application was unsuccessful to prepare and submit their written appeal.

What is the Secondary School Admissions Appeal Hearing timetable? 

When setting the timetable, the AAs must:

  • include a deadline of at least 20 school days to lodge a written appeal (from the date of the decision to refuse the secondary school place);
  • ensure that parents are given at least 10 school days’ notice of their appeal hearing;
  • give reasonable deadlines to parents to submit any additional evidence, for AAs to submit their evidence and for the clerk to send the appeal papers to the panel and parties, and;
  • ensure that decision letters are circulated within 5 school days of the appeal hearing.

The appeals panel will then decide whether to uphold or dismiss the appeal. Should the appeal be upheld then the secondary school is required to admit the child.

What should I put in a Secondary School Admission Appeal?  

Appeals can become complex depending on the facts of each individual case as there may be legal challenges that can be argued, as well as the factual matrix.

The appeals panel must firstly consider whether the admission arrangements were lawful and whether they were applied correctly; and, secondly, balance the prejudice to the child in not being allowed the place at the preferred school against the prejudice to the school in permitting another child to be admitted

For some grammar school applicants, where the child has failed the entrance test, an appeal panel may be asked to consider whether, firstly, there is evidence that the child is considered to be of grammar school ability and, secondly, whether the prejudice argument is determined in the child’s favour.

It can also assist to have a legal representative guide you through the process and advise you on whether the process is being carried out lawfully.

At IBB Law, our expert school appeal solicitors can assist with all elements of the secondary school appeal process. This includes, but not limited to:

Consult our expert Education law solicitors

We offer an online initial consultation for a fixed fee to discuss your child’s secondary school admission appeal process and provide clear, practical advice on your options.

To find out more about how our secondary school admission appeal solicitors can help, please contact Kinjal or Rachael, our education law legal administrators, on 01895 207 961, or by email at educationteam@ibblaw.co.uk. They can arrange a fixed fee consultation and send you a link to our online booking suite, where you can choose a day and time most convenient for your meeting with the specialist education solicitor.

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