South Gloucestershire Council

If a place is not offered at a parent’s/carer’s preferred choice of school there is the right of appeal to an independent body under the School Standards and Framework Act of 1998 – Section 94 and Schedule 24.

Process of appeal

Where the child has not been issued with a proposed or final Statement of Special Educational Needs and parents/carers do not wish to accept the place offered at another school, they have the right of appeal to an independent appeal panel. Appeals for community and controlled schools are arranged by South Gloucestershire Council Legal and Democratic Services. Appeals for academies, voluntary aided and foundation schools are the responsibility of the academy trust or governing body. The appeal must be in writing and include:

• the full name, address and date of birth of the child
• the name(s) of the preferred schools
• the reasons for the preference
• the grounds for the appeal

You may appeal for more than one school if you wish. If you do appeal for more than one school, each appeal must be made separately in writing.

Timetable for appeals

Admission appeal timetable 2018

Appeals for Community and Controlled Schools should be sent to:

South Gloucestershire Council
Department for Children, Adults and Health
Admissions and Transport
PO Box 1955
Bristol
BS37 0DE

Parents and carers who do not wish to make a formal appeal can alternatively ask for their child to continue to be considered for any available places at the preferred school. Where the child has been issued with a proposed or final Statement of Special Educational Needs and has not been offered a place at the preferred school the appeal against the local authority’s decision is to The First-Tier Tribunal -Special Educational Needs and Disability (SEND). Further details can be obtained by contacting: First Tier Tribunal (HESC) Special Educational Needs & Disability Mowden Hall Staindrop Road DL3 9BG Tel: 01325 992760

Further applications and appeals

When an appeal is dismissed there is no automatic right for a further appeal to be granted. Parents who have appealed unsuccessfully may reapply for a place at the same school in a later academic year and have a right of appeal if unsuccessful. If parents seek to reapply in the same academic year a further appeal will not be considered unless there are significant and material changes in the circumstances of the parent, child or school since the time of the original application. A significant and material change in circumstances would include:

• where a change of address has occurred which means the home address is significantly closer to the preferred school or is now in the Area of Prime Responsibility for the preferred school
• where a sibling link has been created at the preferred school which was not there at the time of the original appeal
• where new evidence is introduced and is supported by a letter from a doctor, psychologist, social worker or health visitor, which could not have been introduced at the time of the original appeal hearing

These notes are intended to act as examples of circumstances which may warrant a further appeal. Parents may submit a case for the authority to consider a further appeal if there are other reasons, which could not have been submitted at the time of the original application and appeal hearing, which they feel should be taken into account. All requests for a further appeal should be made in writing to:

South Gloucestershire Council
Department for Children, Adults and Health
Admissions and Transport Team
PO Box 1955
Bristol
BS37 0DE