Appeals
When parents are unable to obtain a place for their child at the school they want, they can appeal against the decision to an appeal panel independent of the council and the school.
Appeals for primary and junior transfer decisions notified on 30 April 2012 should be lodged by 1 June 2012 or for decisions notified after that date within 20 school days of receiving notification that your application was unsuccessful. Appeals will normally be heard by 20 July 2012. For in-year admissions appeals will be held within 30 school days of the appeal being lodged.
You can get more information and make your appeal online at www.derbyshire.gov.uk/admissions (opens in a new window) or contact us by email at admissions@derbyshire.gov.uk or on 01629 537499.
For appeals in respect of places at schools not in Derbyshire, parents are advised to contact the council which maintains the school in the first instance. Find out about neighbouring councils (opens in a new window).
The decision reached by the independent panel will be binding on the council and the parents. A further application in respect of the same school will not be entertained in the same academic year unless significant and material changes in circumstances arise.
Infant (Key Stage 1 and Foundation) Appeals
By law, certain to subject limited exceptions, no infant class may contain more than 30 pupils. Infant classes are those in which the majority of pupils will reach the age of five, six or seven during the school year.
Admissions authorities can refuse to admit a child if to do so would require the school to take action such as employ an extra teacher or build an extra classroom to keep infant classes at 30 or less.
In such circumstances should parents choose to exercise their right to appeal, the Appeals Panel is only allowed to look at the following matters.
Firstly, whether the admissions authority applied its own rules which were published in the admission arrangements. If the admissions authority contravened its own rule, either deliberately or by mistake, then the parents' appeal can succeed, but only if their child would have gained admission had the rules been applied properly.
Secondly, whether the admissions authority acted unreasonably. The law defines "unreasonable" very carefully in these cases. For the decison to be "unreasonable" it must be completely illogical, or not based on the facts of the case.