Corporate report

Academies admissions appeals review: 2021

Published 29 March 2022

Applies to England

This page sets out key data from the Education & Skills Funding Agency’s (ESFA) review of complaints about academy Independent Appeal Panels (IAPs) in 2021. It also suggests what steps academies and clerks can take to ensure future appeals are compliant with the school admission appeals code.

1. Overview

In April 2020, The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020 and temporary guidance were introduced giving admission authorities, local authorities and admission appeal panels more flexibility when dealing with appeals during the COVID-19 outbreak.

The main changes were that appeal hearings could be heard by telephone or video conference or appeals could be decided on the basis of written submissions only. There were some amendments to the statutory timescales, however no changes were made to the overall clerking responsibilities. Ensuring an appeal is clerked appropriately and in accordance with the School Admissions Appeals Code remains important and reassuring for appellants.

The temporary regulations and accompanying guidance have been extended to 30 September 2022 by the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) (No. 2) Regulations 2021

ESFA received 301 complaints about maladministration by IAPs between 1 April and 31 December 2021, a reduction of 73 complaints from the previous year. Of these, 106 complaints were in scope and considered further.

We found that overall, the vast majority of IAPs we considered had adhered to the new temporary regulations as well as with the School Admissions Appeals Code. We have included in the findings below some common mistakes in complying with the temporary regulations as well as with the School Admissions Appeals Code.

2. Key findings

Although each case is treated individually, our key findings have shown that IAPs make a number of common mistakes. We would like to draw your attention to these and provide you with some advice on what IAPs can do to avoid making these mistakes in the future.

The most common reasons for complaints were about:

• the format for holding the appeal in light of the temporary guidance
• the decision letter being unclear on the reason for the decision
• the impartiality of the panel
• whether the admission arrangements had been applied properly.

Although we did not identify significant issues with IAPs adhering to the temporary guidance, we would like to provide the following reminders based on the complaints that we investigated in relation to it:

• IAPs must be able to evidence that the appropriate consideration was taken regarding the format of holding the appeal, in line with the temporary guidance.
• For appeals based on written submissions, clerks should ensure that comprehensive notes are taken when the panel meet by telephone or video conference to reach a decision.
• Clear guidance should be given to parents relating to the process for appeals conducted based on written submissions.
• The panel must seek to clarify points made by the appellant if needed and take the necessary steps to ensure that both parties are able to fully present their case by way of written submissions.

Of the complaints that we upheld we identified the following general key issues:

• Decision letters that included inaccurate or irrelevant information and did not give clear reasons for the panel’s decision.
• Clerk’s notes that failed to clearly evidence that the panel had given due consideration to all the appellant’s reasons for expressing a preference for the school, including what that school can offer the child that the allocated or other schools cannot.
• Administrative errors such as failure to share all written evidence prior to the hearing and failure to meet the timescales set out in the statutory or temporary guidance.
• Impartiality concerns including panel members that were not independent, members of the panel providing information on behalf of the academy, lack of understanding of admissions law, and clerks’ failure to provide appellants with relevant information.

3. Preparation for 2022 round of admission appeals

You will be in the process of finalising arrangements for this year’s round of appeals for September admission. Arrangements must comply with the requirements set out in the School Admission Appeals Code, to which you are bound by the terms of your funding agreement.

IAPs perform a judicial function and must be transparent, accessible, independent, and impartial, and operate according to principles of natural justice.

IAP complaints can take several weeks, sometimes months, to resolve, leaving a child and their parents uncertain about their future. To ensure appellants receive a fair hearing and do not need to make a maladministration complaint, we ask you to ensure that the appointed clerk and panel members:

• must be fully trained in admissions law
• must provide clear written information to appellants in good time before the appeal hearing, as set out in section 2 of the School Admission Appeals Code
• must fully explain the process at the start of each hearing so that appellants and panel members are clear on what to expect
• should treat appellants and all involved in the panel hearing fairly and consistently but consider that appellants may have less experience of the appeal process than representatives of the admission authority
• should properly understand and address each case on its individual merits
• must take full and legible records of proceedings
• provide ‘plain English’ decision letters, making clear why the appeal has not succeeded, giving clear reasons for the decision and contain a summary of relevant factors that were raised by the parties and considered by the panel. A high proportion of the complaints we investigate are in relation to unclear decision letters not referencing key points of the appellant’s case.
• make clear to appellants the basis by which complaints can be made to ESFA following an appeal and that they can only be based on maladministration rather than the panel’s decision.

As the admission authority you are responsible for ensuring records of proceedings and any other evidence requested from the clerk is made available to ESFA, including during the summer holiday period.

The online IAP complaint form and fact sheet provide information for those who wish to understand the process following an appeal hearing.

3.1 Parent Factsheet

Please ensure a link to the academy independent appeal panel complaint fact sheet is included in the clerk’s decision letter following an appeal.