Understanding school admissions and appeals

This page should act as an appropriate reference for schools advising parents in school admission and appeal matters.

This guide applies to maintained schools. This guide applies to academies unless the Secretary of State has stated otherwise, academies should check their funding agreement.

Before applying for a school place

What is the applicable law?

Teaching professionals should be aware that admissions are dictated by The School Admissions Code 2014. 

Where a parent wants to appeal a decision the applicable law is found in the School Standards and Framework Act 1998 and the School Admissions Appeal Code 2022. If your school is a primary and secondary school, Academy, Free school or University Technical Colleges then it must comply with the code; only the Secretary of State can vary this.

The application process

Applications are handled by individual Local Authorities; they can provide parents with a list of schools in the area.

There are three types of school applications:

i. Applications made as part of the normal admissions round.

ii. Late applications

iii. Applications made outside of the admissions after the start of the school term.

Applications made during the admissions round

Usually applications for secondary schools should be made by 31 October and applications for primary schools made by 31 January. Any application made after these specified dates but before the first day of the academic term which has not been considered before the offer date will be treated as a late application. 

For primary and secondary admissions local authorities co-ordinate admissions to all schools, no matter who the admissions authority of the school is. For applications in the normal admissions round, local authorities must provide a common application form (CAF) that enables parents to express their preference for a place at any state funded school. A parent can give a minimum of 3 preferences in rank order, allowing them to give reasons for their preferences. Parents may express a preference for any state funded school regardless of whether it is in the local authority area in which they live. Admission authorities must not give any guarantees that a preference will be met.

Under section 86 of the School Standards and Framework Act 1998, local authorities are under an obligation to comply with the wishes of a parent in expressing a preference for a particular school unless it would prejudice the provision of education or the efficient use of resources. Therefore, parents have a right to express a preference for the school they want their child to attend but do not have a right for their child to attend that particular school.

Published admission arrangements must make it clear that a separate application must be made for a transfer from nursery to primary school and from infant to junior school.

If a school is undersubscribed then any parent that applies must be offered a place unless the application was for a designated grammar school. When oversubscribed, the admission authority must rank applications in order against its published oversubscription criteria. See below for information on awarding places when a school is oversubscribed.

Applications made outside of the admissions round (In year applications)

Any application for a school place on or after the first day of the academic term will be considered as an in-year application. Any application for another age group will also be considered as an in-year application. 

Information relating to admissions

The admission authority for each school (whether it is the local authority or the Governing Body) is required to prepare an admission policy for that school. To comply with the Code, the policy must be written in plain English, and in any other commonly used community languages. It will usually be contained within a comprehensive booklet for parents produced by the local authority about the schools available in their area. It must include the following information:

• The published admission number (PAN) for every year group into which pupils can be admitted, including Year 12 when there is a sixth form. The admission number is the maximum number of pupils that the admission authority will admit to each year group. Each school has a published number to admit (PAN) for the whole school. This number will have been agreed with the local authority. The published number is divided evenly into each year group to arrive at the PAN for each year group.
• The expected number of pupils on roll at the school and the school’s age range.
• The oversubscription criteria to be applied, and the order in which these will apply, if the admission authority receives more applications than there are places in the school for any particular year group. These criteria may include: residence in the catchment area (or priority admission area of the school); the so-called sibling criteria (i.e. having a brother or sister in the school already); and/or attendance at a local primary school. There may also be a “tie-breaker”, which is a way of separating applications falling into any one category of the oversubscription criteria. If this exists it is usually geographical distance from the school. Faith schools may be different (see more details about this below).
• Information about any aptitude tests. Some specialist schools are allowed to select a percentage of pupils they admit by using an ability test. There are different rules for schools which are selective by nature, such as grammar schools.
• Information about whether a waiting list will be kept and if so for how long.
• Information about how any late applications will be handled.

It may also include information about previous applications, which criteria places were allocated under previously and the number of successful appeals last year. This should allow parents to assess the likelihood of them getting their children into their preferred schools.

A school itself is required to publish information which may help a parent in making a decision in relation to which school they prioritise this should include.

• admissions criteria
• The amount of pupil premium the school receives, how it is spent and the effect of it
• the curriculum 
• the behaviour policy, special educational needs and disability policy
• links to Ofsted reports
• performance data
• progress measures for key stage 2 and 4

N.B. No one within a school has the authority to guarantee that a parent’s preference will be met.

Particular cases

i. Children in care/Looked after Children

Admissions Authorities must give highest priority to looked after children and previously looked after children. After prioritising looked after and previously looked after children all other applicants must then be considered according to the oversubscription criteria.

Admission authorities for faith schools must give first priority to looked after children and previously looked after children of the faith before other children of the faith. Where they give any element of priority to children not of their faith, they must give priority in their over subscription criteria to looked after children and previously looked after children not of the faith above other children not of the faith.

ii. Children with Statements of Special Education Needs (SEN) and Educational Healthcare Plans (EHCP)

All governing bodies are required by section 324 of the Education Act 1996 to admit to the school a child with a statement of special education needs that names the school. Under section 37 of the Children and Families Act 2014 the school named in an Education, Health and Care Plan must admit the child. This is not an oversubscription criterion. Schools must admit such children regardless of whether they have places available. Admission authorities must not imply in their published admission arrangements that they have discretion over the admission of children with statements of special educational needs or an EHCP.

Children with Statements of SEN/EHCPs are not admitted through the admissions arrangements and are placed in schools through the statement/EHCP process.

iii. Children with SEN without a statement or EHCP

It is not lawful for an admission authority to refuse admission to a child who has SEN, but has no Statement or EHCP, on the grounds of the child’s challenging behaviour (except in very limited circumstances), or because it believes the child requires a statutory assessment or requires additional support. Any such refusal to admit can be challenged at an independent admission appeal panel. If the appeal is unsuccessful, an application for judicial review of the panel’s decision or a complaint to the Local Government Ombudsman may be appropriate.

In line with the Equality Act 2010, children with disabilities are not to be treated less favourably than others in the admission process. A school should make reasonable adjustments to prevent discrimination. Any complaint of discrimination in admission arrangements should be made to the independent admission appeal panel and not the First-Tier Tribunal. For more information see our information page on Understanding your school’s Equality duties.

iv. Children who have been permanently excluded twice

Where a child has been permanently excluded from two or more schools, a parent can still express a preference for a school place, but the requirement to comply with that preference is removed for a period of two years from the date on which the latest exclusion took place (section 87 of School Standards and Framework Act 1998). This does not apply to:

• children with statements of special educational needs;
• children who were below compulsory school age when excluded;
• children who were reinstated following a permanent exclusion;
• children who would have been reinstated following a permanent exclusion had it been practicable to do so.

A permanent exclusion is regarded as taking effect from the first school day that the headteacher has told the child not to attend school. The admission authority for the school or Academy may refuse to admit a child who has been excluded twice, or in the case of a community or voluntary controlled school, the governing body may appeal against the decision of the local authority as the admission authority to admit the child.

Local authorities are still responsible for providing suitable full-time education for these children from the 6^th day of exclusion and may need to use their powers of direction or provide a place in a Pupil Referral Unit or other alternative provision setting. For more details on this see our information page on Providing education for children out of school.

v. Children who qualify for pupil premium or service premium

Under section 7 of the Childcare Act 2006 disadvantaged children who receive state funded education may be eligible for early years pupil premium.

Under section 14 of the Education Act 2002 disadvantaged children may be eligible for pupil premium and children of Armed Services personnel may be eligible for service premium. 

An admission authority may give priority in its oversubscription criteria to children who are eligible for early years pupil premium, pupil premium and service premium if:

• they are in a nursery class attached to a school or
• they attend a nursery established and run by the school and is named in the admissions arrangements.

vi. Children with specific social or medical needs

Admissions arrangements can contain oversubscription criteria for children who require a place at the school on the basis of a social or medical need. If admission authorities decide to use social and medical need as an oversubscription criterion, they must set out in their arrangements how they will define this need and give clear details about what supporting evidence will be required (e.g. a letter from a doctor or social worker) and then make consistent decisions based on the evidence provided. Parents must provide this evidence for their application to be considered under this criterion. Evidence must be tailored to the school in question and why the child needs to attend this school. The admissions authority will consider this evidence and decide whether the child should be classed as falling within this criterion.

Please note that schools do not have to have such a priority/criterion within their oversubscription criteria. If they don’t then applications will only be considered in line with their criteria and no special consideration will be given for children with such needs.

Admissions to particular schools

i. Faith schools

Faith schools are schools designated by the Department of Education as having a religious character. The Admissions Authorities of these schools are allowed to give preference in the admission policy to members of a particular faith or denomination, provided that this does not conflict in any way with other legislation, such as legislation on race discrimination. When drawing up admission arrangements, admissions authorities for faith schools must have regard to any guidance from the body or person representing the religion/religious denomination.

The faith school must also consult with the body or person representing the religion/religious denomination when determining how an applicant can demonstrate that they practice that faith.

ii. Selective Schools

Only designated Grammar schools are permitted to select their entire intake on the basis of high academic ability. Grammar schools do not have to fill all of their places if applicants have not reached the required standard. If the entire intake is based on high academic ability the school does not have to give priority to looked after or previously looked after children. If the admission arrangements are not based solely on the highest scores then the admission authority must give priority to all looked after or previously looked after children who meet the ability test standards. 

Partially selective schools can select some of their intake by ability. These schools must publish the entry requirements and selection process. If there are not enough applicants who have satisfied the published entry requirements then they must offer places to other children.

Some schools can select pupils by aptitude but must not allow for more than 10 per cent of the total admissions intake to be allocated on the basis of such aptitude. A school can only select by aptitude in the following areas:

• physical education or sport(s)
• performing arts
• visual arts
• modern foreign language(s)
• design and technology and IT (for schools 2007/08 onwards)

iii. Maintained Boarding schools

Maintained boarding schools can have separate admissions number for:

• day places – where pupils attend on a daily basis (including pupils who attend after school activities)
• boarding places – where pupils have overnight board and lodging at the school.

The school can interview applicants for boarding places but can only do so to establish whether a child poses a serious health and safety risk to other boarders or whether they will be able to cope with and benefit from boarding. This process must be clearly set out in the admissions arrangements.

Boarding schools must giver priority in their oversubscription criteria as below:

1. looked after children and previously looked after children
2. children of members of the UK Armed Forces who qualify for financial help with boarding fees from the Ministry of Defence
3. children with a “boarding need”

iv. Independent schools and further education

The admission procedures of independent schools colleges or other further education establishments fall outside the two Codes of Practice. However, these institutions must take account of the Equality Act 2010, the Human Rights Act 1998 and the rules of natural justice when drafting and implementing their admission policy and procedure.

If an independent school or college discriminates against a potential student on the grounds of disability, a complaint could be made by the parent or guardian to the Special Educational Needs and Disability Tribunal. Before making such a complaint, the potential student should exhaust any appeals procedure set out in the school or college’s own admissions policy and, preferably, make a formal complaint using the school or college complaints policy.

If there is a possible breach of rights under the Human Rights Act 1998 or non-compliance with the rules of natural justice, the parent or pupil should seek legal advice as to the possibility of a judicial review in the High Court.

Additional considerations

Teaching professionals may wish to be informed of subjects that are commonly raised by parents in relation to the school admissions.

i. Is the decision made at random?

Local authority admission authorities cannot use random allocation as their main oversubscription criterion.

Random allocation can be used to as a lower oversubscription criterion but it must be clear how this will operate and the process must be supervised by an independent person. Each and every time that a child is offered a place on a waiting list the fresh round of random allocation should be used. 

ii. What if a child has siblings at the school already?

Admissions authorities can set siblings at the school as an oversubscription criterion. They must make it clear how this will be defined (e.g. whether it will include half-siblings and step-siblings, foster siblings, adopted siblings, other children living permanently at the same address and siblings who formerly attended the school).

It is also possible for an admissions authority to give priority to applicants who have a sibling at another state funded school with which they have close links.

iii. Distance from the school and catchment area priority

The distance from the school is a common oversubscription criterion. The admissions arrangement must clearly define how this will be measured, how the home address will be determined and what happens if a child shares their time during the school week at another address.

A school’s catchment area must be measured in a reasonable and clearly defined way. Parents who live outside of catchment can still apply to that school.

iv. What if the child attended a school’s feeder school

Admissions authorities can give priority to children from feeder schools as long as it is transparent and reasonable.

v. Children who’s parent are employed at the school

Admission authorities may give priority in their oversubscription criteria to children of staff where the member of staff has been employed at the school for two or more years at the time at which the application for admission to the school is made; and/or the member of staff is recruited to fill a vacant post for which there is a demonstrable skill shortage.

vi. children of Crown servants

Families of Crown servants returning from overseas to the UK can apply for schools before they move back. Admissions authorities must allocate a place before they arrive as long as the application contains an official letter confirming the address. If a school is oversubscribed, school places must be allocated lawfully in line with the admissions criteria.

In September 2015 the Department for Education released an explanatory note, Admission of children of crown servants, further explaining this.

Section ii. The admissions process

Once an application has been made the admissions authority is responsible for deciding whether a child should be admitted or not.

With the exception of designated grammar schools, all maintained schools, including faith schools, that have enough places available must offer a place to every child who has applied for one, without condition or the use of any oversubscription criteria.

Admission authorities must not refuse to admit a child solely because:

• they have applied later than other applicants;
• they are not of the faith of the school in the case of a faith school;
• they followed a different curriculum at their previous school;
• information has not been received from their previous school; or
• they have missed entrance tests for selective places.

However, problems arise when the school is “oversubscribed” which means they have more applications than places available. In these circumstances the admissions authority will award places in line with their admissions arrangements.

The admissions arrangements of all maintained schools and Academies have to comply with the School Admissions Code 2014. If you have concerns about the content of a school’s admissions arrangements then you will need to check this against the School Admissions Code.

Once the admissions process has been completed, the Local Authority must write to parents and offer one place per child.

• for secondary school applications, all offers must be made on 1 March or the next working day, and
• for primary school applications, all offers must be made on 16 April or the next working day.

When a local authority or an admission authority informs a parent of a decision to refuse their child a place at a school for which they have applied, it must include:

• the reason why admission was refused;
• information about the right to appeal;
• the deadline for lodging an appeal and the contact details for making an appeal.

Parents must be informed that, if they wish to appeal, they have to set out their grounds for appeal in writing.

Appealing a decision

Section 94 of the School Standards and Framework Act 1998 requires the admissions authority of a school to make arrangements to allow parents to appeal against the decision to refuse entry to a school following an application.

Any parent who has not been awarded a place for their child at their first preference school will be given a right of appeal to an Independent Appeal Panel. If this is the case, the letter must inform parents of their right to make admission appeal including details of how to make an appeal. Parents can appeal against the refusal to admit their child to a school even if they have already accepted another school and can appeal against the decision not to admit their child to more than one school.

Revoking an offer

Once an offer of admission has been made, it can only be withdrawn in very limited circumstances. The admission authority may require a parent to accept the offer of a place at the school within a specified period giving them notice that if they do not do so the offer will be withdrawn. This is to ensure that places are not “tied up” by parents who have no intention of using them at the expense of others on a waiting list or making an appeal.

When accepting an offer of a place, it is wise for a parent to send the acceptance by recorded delivery and to keep a dated copy. It is not unknown for acceptance forms to go astray.

When an offer of admission has been made on the basis of information which turns out to be fraudulent, or deliberately misleading, it may be lawful for the offer to be withdrawn. In deciding whether to withdraw an offer in these circumstances, the admission authority must take account of the length of time the child has been at the school, and must re-consider the original application on the changed facts.

Infant class size Exceptions

Infant classes (those where the majority of children will reach the age of 5, 6 or 7 during the school year) must not contain more than 30 pupils with a single school teacher. Additional children may be admitted under limited exceptional circumstances. These circumstances have been extended by the 2012 Code.

The excepted children are:

• children admitted outside the normal admissions round with statements of special educational needs specifying a school
• looked after children and previously looked after children admitted outside the normal admissions round
• children admitted, after initial allocation of places, because of a procedural error made by the admission authority or local authority in the original application process
• children admitted after an independent appeals panel upholds an appeal
• children who move into the area outside the normal admissions round for whom there is no other available school within reasonable distance
• children of UK service personnel admitted outside the normal admissions round
• children whose twin or sibling from a multiple birth is admitted otherwise than as an excepted pupil
• children with special educational needs who are normally taught in a special educational needs unit attached to the school, or registered at a special school, who attend some infant classes within the mainstream school.