Admissions, Applications & Appeals With grateful acknowledgement to Rebecca Hilsenrath

Contents Applying to a Jewish primary or secondary school Admissions arrangements Mandatory training for panel Ingredients of a good appeal Procedures Roles Decision basis & Decision-making Role of PaJeS

What parents need to do -1 Each year applications must be made before 31st October for all Year 7 admissions and 15th January for Primary Reception admissions. Organise CRP visits for the year before applying Complete a Common Application Form (CAF) for the Local Authority where they live and not the authority of the school to which they are applying. Make sure parents make the maximum number of choices

What parents need to do -2 The Local Authority will allow uploads of the following types of documents: Proof of the Child's Home Address. This must not show any personal details about parents and families Proof of the Child’s Date of Birth. Only the short version of a birth certificate may be submitted Proof of the child being in care/previously in care Proof of Medical or Social Reason for Preference

What parents need to do -3 They also need to complete each school’s Supplementary Information Form (SIF) with reference to the unique ethos of the school. The SIF must be sent directly to the school and can usually be found on the schools’ websites Check if the school requires any other forms such as the Certificate of Religious Practice (CRP) and follow each school’s guidelines to fulfil these requirements.

What happens next Offer dates - Parents will receive an offer of a secondary school place on 1 March and a primary school place on 16 April, or the next working day if these dates fall on a weekend. If parents do not receive the school of their choice on these dates, there are often several rounds of offers, particularly for secondary schools

Panel member mandatory training (minimum) Admissions law Relevant roles Procedural fairness and natural justice Human Rights Act 1998 Equalities Act 2010 Further reading: School Admissions Code 2014 School Admissions Appeals Code 2012

Admissions arrangements: 1 General GB responsibility Policy must comply with the Admissions Code Requirement to consult 6 weeks from 1 October to 31 January Determine 28 February, publish 15 March Reference to School Adjudicator by 15 May Must consult every seven years if no changes Published Admissions Number Coordinated Admissions Scheme GB/AA/LA duty to establish appeal panels Compulsory school age plus sixth form

Admissions arrangements: 2 General principles of process SEN/EHCP statements outside process Current and previous looked after children No interviews! No payments for entry or fees charged

Admissions arrangements 3: Oversubscription criteria Fair, clear, not complex, comply with Code “Must” “Should” No empty places Can now favour children of staff if Employed for two or more years Employed for vacancy where skills shortage Can now favour siblings of former pupils

Admissions arrangements 4: Oversubscription criteria must not Refer to ranking under Coordinated Scheme Refer to parents’ financial, job or marital status Refer to previous school reports Prioritise graduates from non-named feeder or independent schools Prioritise in order of application Prioritise by ability Prioritise nursery for Reception (with exceptions) Others – see Code

Admissions arrangements 5 Miscellaneous provisions Infant class size regulations - more later! Nursery/Reception separate arrangements Relevant age group – summer born children Social or medical need Geographical proximity, but Admission Authorities must clearly set out how distance from home to the school will be measured. Parents who live outside the catchment area can still express a preference for the school.

Excepted Pupils 1 Children whose statements of special educational needs / EHCP specify that they should be educated at the school concerned, and who are admitted to the school outside a normal admission round; LACs admitted to the school outside a normal admission round; Children initially refused admission to a school, but subsequently offered a place outside a normal admission round by direction of an admission appeal panel Children of armed forces personnel who are admitted outside a normal admission round;

Excepted Pupils 2 Children whose twin or other siblings from multiple births are admitted as non-excepted pupils; Children who are registered pupils at special schools, but who receive part of their education at a mainstream school; Children with special educational needs who are normally educated in a special unit in a mainstream school, but who receive part of their lessons in the class.

Admissions arrangements 6 Faith-based criteria Only for designated schools Compliance with legislation Clear, objective and fair Consult with representative religious body (named in legislation or Funding Agreement for academies / free schools) Be aware of potential changes in legislation

A good appeal 1 Ingredients of a successful panel Correct policies in place Compliance with policies to the letter Compliance with deadlines – late appeals Confidence in panel by all parties Achieves desired outcome

A good appeal 2 Outcome for all parties Understood hearing Had opportunity to speak, submit evidence, ask questions Feel that they said everything they wanted to Feel they were treated courteously Feel the panel listened carefully Were clear as to decision and reason Satisfied that the hearing was fair

Procedure 1 Facilitating hearing Contracting out (e.g.local authority, US, others) Still responsibility of admission authority Indemnify for legal costs and expenses Funding from LA if delegated Reasonable costs and travel expenses Provide training

Procedure 2 Venue Can now be held at school Reasonably accessible by appellants Accessible by public transport Disabled access Ensure both sides have separate waiting areas

Procedure 3 GB responsibilities When refusing place Advise of right to appeal Advise of reason for refusing place Publish timetable by 28 February

Procedure 4 Timetable in school days At least 20 days from decision to lodge appeal 40 days max from deadline for lodging appeal till hearing Hearings for late applications: 40 days from deadline if possible or 30 days from lodging Hearings for in-year applications: 30 days of lodging notice of appeal Hearings for 6th form: 30 days of confirmation of exam results if relevant 10 days notice of hearing unless waived Reasonable deadlines and requests for submissions Decision notification within 5 days of hearing

Procedure 5 Notification of hearing - must Notify date Deadline for any further evidence Explain consequences for late evidence Ask if witnesses or representation

Procedure 6 Notification of hearing - extra Advise on any relevant grounds to argue – eg infant class size Advise of right to be accompanied Advise that legal representation unnecessary but allowed Ask to agree electronic notification If no alternative practical, hold paper hearing

Procedure 7 Hearing – order Case for school Questioning by parents and panel Case for parents Questioning by school and panel Summing up by school Summing up by parents Panel never to be with only one party If only one party, clerk to remain present

Procedure 8 Natural justice No vested interests or earlier involvement Opportunity to state case without unreasonable interruption Written material seen by all parties

Roles 1: Who is a clerk? Appointed by GB Not a governor of the school Not necessarily lawyer Preferably experienced in clerking, conducting inquiries or disciplinary hearings Must have training Not a member of the panel

Roles 2: Clerk’s role Convenes panel Sets out procedure Invites and circulates written statements Provides guidance and support Explains law, statutory guidance and procedure Takes minutes Ensure panel stays within law Ensure clarity about reasons for decision Communicates decision to parties Gives papers to admission authority afterwards

Roles 3: Who is chair? Lay member of panel Elected by panel Must have had training

Roles 4: Chair’s role Welcome, introductions, set tone of hearing – informal but structured and within law according to clerk’s advice Chairs proceedings Chairs panel discussions Responsible for timing Responsible for focusing discussion on evidence Regular summaries Ensure decision based on evidence alone Ensure equality of opportunity, especially if appellant absent Casting vote

Roles 5: Who are the panel? At least 3 members At least one lay member (includes governors of other schools) At least one person with experience in education (includes parents of pupils) No one employed by local authority, GB or any connection to school Must have appropriate training

Roles 6: Role of panel Inform clerk asap of any personal connection Be familiar with general principles Set time aside to read papers beforehand Don’t prejudge Question or ask for further information where appropriate Consider parents’ point of view Accept chair’s authority and consider clerk’s advice Consider language and body language at all times Decide on balance of probabilities Evidence in particular case only Clear about reasons and back up with evidence

Decision basis 1 2 stage process Are arrangements compliant with mandatory requirements of Code? and Were they correctly and impartially applied? UPHOLD if answer to either of these is ‘no’ and, if not, child would have been offered a place. Would the admission of additional children prejudice the provision of efficient education and the efficient use of resources? UPHOLD if answer is ‘NO’

Decision basis 2 Balancing stage Prejudice to the school vs case of appellant

Decision basis 3 Infant class size appeals 30 per teacher up to KS1 Limited exceptions, eg SEN statement admitted outside round Children in care admitted outside round Siblings/twins of children already admitted to that year

Decision basis 4 Infant class size cont’d Is decision to refuse admission one no reasonable authority would make? OR Would the child have been offered a place if the admissions arrangements were lawful and had been properly implemented?

Decision basis 5 Multiple appeals Same panel throughout No decision on individual cases until all considered Compare cases only where more than one appellant’s case found to outweigh prejudice to school but panel finds school cannot take number of extra children

Decision making 1: Considering the evidence What is the relevant evidence? Is the behaviour of witnesses evidence? Is there cause and effect? Would it have made a difference? What weight do you attach to evidence? Do you need clarification? What can/should you take into account? Is it relevant to this particular case?

Decision making 2: Summing up Balance of probabilities Balance of competing policies Clear reasons for decision Summary of relevant facts Back up reasons with evidence Signed by clerk or chair Uphold or dismiss – no conditions

Record keeping by clerk Points raised Attendance Voting Reasons for decision Kept by admissions authority for 2 years Exempt from FOIA and DPA (Data Protection Act)

Equalities and Human Rights Legislation Sex Discrimination Act 1975 Race Relations Act 1976 and 2000 Human Rights Act 1998 Disability Discrimination Acts 1995 and 2005 Equality Act 2010

Equality Act 2012 Protected characteristics. age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation.

Equality Act 2012 Protected conduct Discrimination Duty to make adjustments Harassment Victimisation (in relation to protected acts)

Equality Act 2010 s 149 Public sector equality duty on public authority in exercise of functions – due regard to need to: (a) eliminate discrimination, harassment, victimisation and any other prohibited conduct; . (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; . (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

Equality Act 2010 Schools s 84 ff ECHR guidance http://www.equalityhumanrights.com/advice-and- guidance/information-for-advisers/codes-of-practice/

Equality Act 2010 s 85 The responsible body of a school to which this section applies must not discriminate against a person— (a)in the arrangements it makes for deciding who is offered admission as a pupil; (b)as to the terms on which it offers to admit the person as a pupil; (c)by not admitting the person as a pupil.

Schools with religious character Exempt from the requirement not to discriminate on grounds of religion or belief in relation to admissions. May have admissions criteria which give preference to members of your own religion. Maintained school with religious character must still comply with Admissions Code and therefore criteria only used if oversubscribed. No discrimination on any other prohibited grounds, such as sex, race or sexual orientation.

Human Rights Act 1998 Right of access to education No right to specific school But consider reasons for application to particular school

School Standards and Framework Act 1998 Parental preference, except where to do so would prejudice the provision of efficient education or the efficient use of resources. Obligation to provide appeal (except for twice excluded pupils)

Role of PaJeS FindaJewishschool.co.uk Database of panel members Database of clerks