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Secondary education

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Appeal Decision Binding on Pupil?

5 replies

Victoriadj · 03/04/2025 22:07

Can anyone advise, if we are successful at secondary school appeal, is it binding that we MUST accept that place and lose the school currently allocated?
Thank you

OP posts:
PopcornPoppingInAPan · 03/04/2025 23:43

The answer may vary depending on your LA so I would definitely contact your LA and get a response from them in writing.

SuperSue77 · 04/04/2025 07:40

I know someone who appealed for a local school in 2019 and was successful but her DC wanted to go where all his mates were going, so they didn’t take the place, and he went to the school he was allocated, but as previous poster says, you need to check what your LEA does as some have different policies on this type of thing.

Victoriadj · 04/04/2025 11:00

I took your advice and they confirmed that there is no obligation.
Thanks.

OP posts:
TeenToTwenties · 04/04/2025 20:06

Why would you spend time appealing if you aren't going to take up the place? Sounds a waste of time (and thus money) for everyone.

MarchingFrogs · 07/04/2025 10:36

No, you don't have to accept the place - from the parents' point of view, the 'binding' bit is that you can't just say, I don't like the panel's decision, they must try again - you only get the one chance to appeal for each academic year, unless you have had a major change of circumstance. (This doesn't affect your right to raise a complaint of the process leading to an unsuccessful appeal was incorrect).

It certainly should not mean that your existing place is taken away, and will not affect your place on the waiting list of any other school' that you ranked higher.

Not taking up a place gained through a successful appeal doesn't mean that the panel go back to someone else and tell them that their unsuccessful one outcome has been overturned, though. What it does mean is that the school is one pupil less far away from going under PAN again, if others turn their places down.

As for Why appeal if you wouldn't take the place?

  • there is the legal right to appeal any place applied for and refused
  • assuming that a parent has ranked schools on their CAF in their true order of preference, it is possible to have been turned down for several schools for which they have a genuine preference over the one allocated
  • appeals tend to take place during the same 'window' and you don't have any influence over when within that window they are held, but as the deadline for appealing and guaranteeing that your appeal will be held along with the main batch will have passed, you can't risk waiting for the outcome of one appeal before lodging one for another school
  • however, it is possible, even if e.g. your pref 3 school's appeals are held on a Monday, Tuesday, Wednesday and your pref 1 school's appeals are held on Thursday and Friday, that you will have had a positive response re pref 1 before an also positive response re pref 3, so you now don't want the pref 3 place.

Or, you may have heard such awful things about a school in the presenting officer's case and subsequent questioning, that by the time the outcome letter arrives, on mature reflection, you decide to stick with what you've got.

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