The appeal process
Returning the Appeal Form
If your application is refused you will automatically be offered the opportunity to make an appeal. You must notify the school in writing within 14 days of the date of the letter of refusal of your intention to appeal and a form will be sent to you. After this date it may not be possible to accept your appeal request. Appeal forms should be returned to Waddesdon School and NOT to the Local Authority. They will then be forwarded to the Clerk to the Appeals panel.
Children with a Statement of Special Educational Needs
The appeal procedures for a child with a Statement of Special Educational Needs differ. This is because the appeal is to a Special Educational Needs Tribunal. Further advice about this is available from the Local Authority.
When will the Appeal be heard?
You will receive an acknowledgement advising that your appeal form has been received within a few days. You will normally be given 14 days’ notice of the time, date and place for the actual appeal hearing.
If the case is urgent, for example if the school term is about to start, it may be possible to offer you a hearing at shorter notice. In this case please make a note on the appeal form if you do not need 14 days’ notice of the appeal date.
The Appeal Panel
The appeal will be heard by a three-member Appeal Panel. The Panel will be convened by Oxford Diocese who will be responsible for administering the Appeal process. Members of the Appeal Panel are those who have some knowledge of education but who have no association with Waddesdon School and are therefore totally independent. The Panel will also include a lay member.
The Venue
Appeal Panel hearings will either be held at the school or at Diocesan Church House in North Hinksey, Oxford. The majority of appeals for admission to Year 7 will probably be held during May.
The Clerk
The Appeal Panel will have a Clerk whose job it is to make sure that all the relevant facts are established and that the appeal hearing is fair. The Clerk is employed by Oxford Diocese and provides independent advice on procedure and evidence and takes brief notes of the hearing. These notes belong to the Appeal Panel and remain confidential. Neither parents nor Governors are allowed to see or have a copy of them.
After the hearing, the Clerk will write to tell you about the Appeal Panel’s decision. S/he is not part of the Appeal Panel and does not take any part in discussion of the case with members of the Panel who are responsible for the decision.
Information which will be sent to Parents
Copies of the Appeal form you have submitted, together with any supporting evidence will be sent to the Appeal Panel members prior to the hearing, together with a copy of your original application form and any documentation or correspondence between you and the school. A set of these documents will also be copied to you.
At least 7 days in advance of the hearing you will also be sent details of the Governors’ case for refusing admission to the school. If you wish to submit any additional evidence you will be asked to liaise directly with the Clerk to the Appeal Panel.
The Hearing
This will take place in two stages.
Stage One
During the first stage the Governors’ representative(s) will present evidence to show that the year group is full and that the admission of further children will prejudice the provision of efficient education in terms of staff, buildings or resources.
The Appeal Panel members may ask the Governors’ representative(s) questions about their case and so may parents.
At the end of this stage the Governors’ representative(s) and the parents withdraw whilst the Appeal Panel decide whether or not the case has been made that the year group is full.
If the case has not been sufficiently made in the view of the Appeal Panel, the admission will automatically be granted. If the Appeal Panel agrees that the Governors have made their case that the year group is full, the hearing moves to the second stage.
Stage Two
At this stage the Governors’ representative(s) will be asked to give any additional information about why your particular child has been refused a place. Questions can be asked by Appeal Panel members or by parents.
Parents then have the opportunity to put their case as to why, notwithstanding that the year group is full, the decision of the Governors should be overturned and a place be granted for their child.
The Panel members and the Governors’ representatives may ask questions of the parent.
The Chairman of the Panel will then give the Governors’ representative(s) and the parents the opportunity to sum up their case before both are asked to leave.
Every effort will be made to ensure that the hearing is as informal as possible within the structure that has been set down. The important thing will be to ensure that parents receive a full and fair hearing and have every opportunity to make all the points they wish to.
At the conclusion of the hearing, the Clerk to the Appeal Panel will remain with the Panel to record their decision.
Multiple Appeals
When there are a number of appeals to be heard, the Governors’ representative will make their case on the first day and every parent will have the opportunity to be present for this stage (Stage 1) of the hearing. All Stage 2 hearings will be held in private and the information parents share will remain confidential.
Attending the Hearing
Parents should attend the hearing if at all possible. This will enable full information to be provided to the Panel and also give them the opportunity to ask questions or to seek further clarification.
Parents may choose to bring along a friend for support or a representative to present their case. Legal representation is not considered necessary as the hearing is not a court of law and is intended to enable parents to put their case in an informal way.
It is not recommended that parents bring children to the hearing. As the child’s representative, parents will be expected to explain the wishes of themselves and their child.
If parents are unable to attend the hearing on the given date they should advise the Clerk to the Appeals Panel and it may be possible to fix a further date. If parents choose not to attend, the case can be heard in their absence and will be determined on the basis of the written information that has been provided.
The Decision
The Appeal Panel will consider each case on its merits. It is not bound by the admission criteria and can take other factors into account.
The Clerk will usually write to parents within 7 days of the hearing to advise them of the Panel’s decision and the reasons for it. This may be delayed if there are a number of appeals for the same year group which are being held over several days.
The decision of the Appeal Panel is binding on the Governors.
What next?
There is no appeal against the decision of the Independent Appeal Panel. The decision is final and there is no provision for a re-hearing.
The only circumstances under which a second appeal could be heard would be if there was a material change of circumstances which could not have been foreseen at the time of the initial appeal. An example of this might be where the family unexpectedly found themselves in the position of moving into the catchment area of the school.
If a parent whose appeal has been heard believes that the Panel has acted improperly or unreasonably in handling a case, the parent may make a complaint for investigation by the Commissioner for Local Administration (the Local Ombudsman) or the case may be subject to judicial review. The Secretary of State for Education and Employment has no power to consider complaints against the decision of an Independent Appeal Panel.
The Waiting List after Appeal
The waiting list is not affected by whether or not parents have submitted an appeal. Governors will continue to offer any place which becomes available to the pupil considered to have first right to the next available place on the waiting list in accordance with their published admission criteria.
MAKING YOUR APPLICATION
