1. Admissions, Applications & Appeals
With grateful acknowledgement to
Rebecca Hilsenrath

2. 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

3. 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

4. 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

5. 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.

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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.

13. 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;

14. 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.

15. 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

16. 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

17. 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

18. 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

19. 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

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

21. 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

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

23. 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

24. 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

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

26. 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

27. 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

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

29. 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

30. 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

31. 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

32. 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’

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

34. 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

35. 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?

36. 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

37. 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?

38. 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

39. 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)

40. 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

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

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

43. 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.

44. Equality Act 2010 Schools s 84 ff ECHR guidance
guidance/information-for-advisers/codes-of-practice/

45. 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.

46. 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.

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

48. 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)

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