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I need to make an infant class size appeal. What do I need to do?

I need to make an infant class size appeal. What do I need to do?

According to the law, an infant class in the UK must not exceed 30 children (this applies to classes that include reception, year 1 and year 2 children). There are a number of circumstances in which additional pupils may be included and classed as ‘exceptions’. In these cases, the class size may exceed 30. The Government has made a list of the specific circumstances in which a child might be categorised as an exception. This list includes:                

  • children who are admitted outside the usual admissions round who have statements of special educational needs (now called Education, Health and Care Plans) that specify a particular school
  • looked after children and also previously looked after children who are admitted outside the usual admissions round
  • children who are admitted after the initial allocation of places, as a result of a procedural error on behalf of the admissions authority or Local Authority during the original application process
  • children who are admitted following an appeal by an Independent Appeal Panel being upheld
  • children who move into a specific area outside the normal admissions round and for whom no other school is available within reasonable distance
  • the children of UK services personnel who are admitted outside the normal admissions round
  • children whose twin (or also sibling from a multiple birth) is already admitted (although not as an excepted pupil)
  • children who have special educational needs and who are usually taught in a special educational needs unit

When a parent wishes to appeal for a place for their child in an infant class, the task of the panel is to review the decision that has already been made. The remit of the panel does not stretch to arguing that the personal circumstances of a parent means their child should be awarded a place, if this would increase the number of children to more than 30. For this reason, infant class size appeals differ to other admissions appeals and can be difficult to succeed.

Are infant class size appeals ever upheld?

They are, but not very frequently. Often, if an admissions authority has made an error in applying their criteria which has resulted in a parent being wrongly denied a place for their child, then the panel will have no choice but to uphold the appeal. Such mistakes can involve the following:

  • not taking a sibling who is already at the school into account
  • making a mistake in measuring the distance between home to school
  • not taking into account that the child is an 'excepted' pupil (see above)
  • mistakenly allocating a class place to a child who is out-of-catchment

The other way the appeal can be upheld is if mandatory provisions in the School Admissions Code have not been met and/or whether or not the original refusal of a place can be considered ‘perverse’ in the circumstances. This is a high test in law to overcome.

It can be a complex area of education law and we would highly recommend that if you wish to appeal, you seek legal representation. At Match Solicitors, we have considerable experience in guiding parents through the appeal process, so don't hesitate to call us today and speak to one of our dedicated education lawyers about the specifics of your case.

 

 



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Miss E Field, London

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