Appeal question. Any experts out there?

[putitout]

If a child has been refused admission to a school on behaviour grounds under clause 3.10 of the admissions code, but the year group is 1 under PAN at the time of appeal with no waiting list (so there is definitely space) are they likely to automatically win the appeal at stage 1, or could the school argue that the behaviour issues outweigh the fact that there is a space?

So this is an in-year admission refused on the grounds of challenging behaviour?
Whether or not there is a space is, in itself, itrelevant I think. You’d be best off looking at actual paras 3:10 to 3:13 of the Admissions Code and seeing whether any of it applies in your case.

If a school has refused admission on behavioural grounds then code implies the case should be referred to the fair admissions protocol.If your child is (formerly) looked after or has an EHC Plan naming the school, the behaviour ground cannot be invoked in any case.

@AnyOtherBrightIdeas 3.10 does apply. It's an in-year application. It has been referred to the FAP, but there is nevertheless a right to appeal.

Assuming the structure of the appeal is the same as usual, part 1 considers whether admitting another child would prejudice efficient education and, if that can't be demonstrated, then the appeal is granted without needing to go to stage 2.

If there is clearly a space, then, in principle, admitting a random other child wouldn't prejudice efficient education, but I'm wondering if the school can argue that admitting a child with challenging behaviour would prejudice efficient education even if there is a space.

Schools are only required to admit up to PAN in the normal year of entry. Assuming clause 3.10 has been invoked correctly, the child is not going into the normal year of entry. The school can therefore argue that admitting this pupil will prejudice the school even though there is a place available. The answer to your question is that the parents may win at stage 1, but it is not guaranteed. It depends on how good an argument the school can make around this child's behaviour. Most appeal panels take the view that schools should admit up to PAN in all years unless the school has very good arguments for not admitting.