The aim is to give admission authorities as much flexibility as possible to manage appeals in a way that best suits local circumstances, and ensure families appealing an admission decision this year are supported and are not disadvantaged by the measures in place to protect public health.
The regulatory changes came into force on 24 April 2020 and will remain in force until 31 January 2021.
The changes mean:
Summary of changes - the new regulations:
Changes to appeal deadlines
The new regulations provide more flexibility for admission authorities to set new or revised deadlines for submitting an appeal. The amendments to deadlines will ensure that appellants will be given:
All deadlines for the hearing of appeals must be as soon as reasonably practicable.
Decision letters should be sent within 7 calendar days of the hearing, wherever possible.
Maintaining fairness in the appeals process
The new regulations relax current requirements but will maintain obligations around natural justice and procedural fairness. The DfE are not relaxing any of the clerking duties for admission appeals. Clerks carry out a key role in relation to appeal hearings and provide advice on admissions law as well as keeping an accurate record of proceedings.
Maladministration complaints
Parents can continue to lodge a complaint if they have evidence of maladministration. The DfE are not relaxing any of the requirements set out under Section 5 of the School Admissions Appeals Code which covers complaints about appeals.
Early suspension of changes
The regulations are subject to review, and the DfE can amend legislation to bring forward the date on which they end, if they are no longer required. Transitional provision means the new regulations will continue to apply to appeals that are already underway but which have not yet concluded on or before 31 January 2021
In year or immediate entry appeals:
Appeals resulting from in year admission applications will be heard within 30 school days of the appeal being lodged.
Appeals for September 2020 resulting from year of entry or transfer applications:
School |
Offer |
Appeals lodged by |
Appeals to be heard by |
Primary |
16 April 2020 |
18 May 2020 |
20 July 2020 (40 School days) |
NB: Appeals will not start being heard until after the relevant closing date has passed.
Appeals lodged after these dates will be heard within 40 school days of the appeal deadline or 30 school days of being lodged, whichever is the later date.
Appellants will be sent notification of their appeal hearing at least 10 clear school days in advance of the hearing. Appellants will be sent a copy of the school's case 7 clear working days in advance of the hearing.
Appellants must ensure that any further evidence not included with their initial appeal, is received by 5pm on the day preceding three clear working days prior to the appeal hearing date. Any additional evidence or information received after this date might not be considered at the appeal hearing.
In year or immediate entry appeals will be heard within 30 school days of the appeal being lodged.