HC Deb 05 December 2001 vol 376 cc427-8W
Mr. Edward Davey

To ask the Secretary of State for Education and Skills if an appeal panel hearing an appeal against a primary school's decision not to admit a child to their school is entitled to alter that school's approved admissions criteria; and if she will make a statement. [20502]

Mr. Timms

No—an appeal panel cannot alter a school's general admission arrangements, including admissions criteria. Their role is to decide in individual cases whether the school should admit a child, having regard to the case presented by both the admission authority and the parents. The panel decides first whether one of the statutory grounds for refusing admission applies. But even if the panel decides that it was proper to refuse to admit the child, they proceed (except in the case of infant classes, to which special rules apply) to a second, discretionary stage of consideration. At this stage, they balance the effect on the school of admitting another child against the parents' reasons for wanting the child to be admitted.

Mr. Edward Davey

To ask the Secretary of State for Education and Skills if she will list the grounds on which an appeal panel hearing an appeal against a primary school's decision not to admit a child to their school can overrule the school's decision, if the school has followed its approved admissions criteria; and if she will make a statement. [20503]

Mr. Timms

There are no grounds on which an appeal panel can overrule a primary school's decision not to admit a child to an infant class size because that would take the class size above 30, if the school has followed its published admission arrangements. The panel can uphold that infant class appeal only if the decision was not one which a reasonable admission authority would make in the circumstances of the case or the child would have been offered a place if the admission arrangements had been properly implemented.

For appeals other than for infant class size, the panel must weigh up the cases of the school and the parents. The effect on the school of admitting another child is balanced against the parents' reasons for wanting the child to be admitted. If the panel decides that the parents' case is the stronger, the school must admit the child.

Mr. Edward Davey

To ask the Secretary of State for Education and Skills how many appeals against decisions not to admit a pupil by primary schools in England and Wales were(a) heard and (b) granted by appeal panels in (i) 1998–99, (ii) 1999–2000 and (iii) 2000–01. [20504]

Mr. Timms

The figures for primary schools in England are:

  • Appeals heard for 1998–99: 21,219
  • Appeals decided in parents' favour: 9,341
  • Appeals heard for 1999–2000:
  • 18,712 Appeals decided in parents' favour: 7,290.

Figures for 2000–01 will not be available until summer 2002.

The National Assembly for Wales does not keep statistics on appeals lodged by parents against non-admission of their children to maintained schools.