Parents can mount challenge if child misses out on first choice

What do you do if your child didn’t get their first choice primary school? MICHAEL IMPERATO, partner of Watkins & Gunn Solicitors and an education law specialist, explains how to challenge your local authority

UNFORTUNATELY, popular schools will always be oversubscribed meaning that sadly many parents will be disappointed. However, there is a right of appeal.

It is important that parents act quickly, paying attention to the strict timetable for the appeal. A great deal of care must then go in to preparing a written submission.

Local authorities tend to discourage parents from being represented at the appeal hearing to avoid the feeling of formality. However, the importance of the process means that expert legal representation can make a huge difference in the outcome of the appeal.

Understanding the admissions criteria is crucial and should be easily available. Parents might be surprised at the criteria as it can vary from local authority to local authority. For example, some give those with older siblings in the school high priority, some do not. Try not to assume you are in a “feeder” nursery or school and that it will give you priority.

Appealing for a child to attend an infant class is often an uphill battle as there are limits to the number of children in an infant class (30). To be successful in securing a place, a parent will most likely have to identify a fundamental flaw in the admission process.

For older children transferring to secondary school, the process is slightly different. If a local authority is saying that, for example, only 100 children can be admitted to year seven, you will need to research how many pupils have been accepted over the last three or four years. It’s often the case that the numbers will be higher, and these figures can be used to challenge a decision.

Parents should be aware that a school representative will be at the hearing and will likely identify overcrowding as the problem. Prior to the hearing, take a look at recent inspection reports for the school. If the inspectors do not state issues with overcrowding, the comment should be disregarded.

The decision will be made fairly quickly, and parents will normally find out in writing if their appeal has been successful within a few days. The decision letter needs to be considered very carefully as it is possible to challenge the case further.

Much of a child’s life is spent in education, making it one of the most fundamental influences on a child and their future. Therefore, parents should try every avenue to ensure the school chosen is best for their child.

■ Michael Imperato is a leading expert in Administrative and Public Law. He has acted for individuals and campaign groups in a number of high profile judicial review cases against national and local government in Wales over the last few years.