How is the decision made after an appeal against an allocated school place?
Stage One: Factual
The Panel must decide whether the admission authority has made a case showing that there are good reasons for the child to be refused a place in school. In other words the Panel must be satisfied that to admit the child would prejudice the provision of efficient education or efficient use of resources.
If the school already has a prejudiced situation, the Panel has to be satisfied that to admit one more child would increase that prejudice.
If the admission authority has not made its case then the appeal will be automatically upheld, the child will be admitted to the school and there will be no need to go onto the second stage.
If however, the admission authority has made its case, the hearing then needs to go to Stage Two for the Panel to reach a decision as to whether the case presented by the parent outweighs the Local Authority’s case.
Stage Two: A Balancing Exercise The Panel must use its discretion to balance the extent of prejudice for the school against parental preference and the effect on the child.