Do you need advice about an appeal against a refusal of a placing request?
Choosing a school for your child is one of the most important decisions that parents and carers make.
For parents who wish their children to be educated at schools other than their catchment school, they need to make something known as a ‘placing request’ to the education authority in which their chosen school is located. The deadlines for placing requests will vary depending on the timescales set by the local authority concerned and this information will be available online. Generally a placing request is made shortly after a child is registered for their catchment school, sometime between December and February many months before the new school year starts. Where primary aged children are concerned, it is important that you register the child for their catchment school before making the placing request.
Parents have the right to ask for their child to be educated in a school other than their catchment school. However, the reality is that the pressure on education authority resources is only increasing. Practically speaking, space can’t be found at the most popular state schools for every child that might wish to be educated there. Therefore the education authority has certain exemptions which allow the refusal of the placing request in certain circumstances. These exemptions are known as statutory grounds of refusal. It is the responsibility of the education authority to prove that that particular exemption exists.
Stages in the appeal process
Once a placing request is made, the local authority will consider the request and then will issue their decision to the parents. If the placing request is refused, the letter will confirm why the placing request has been refused. It is at that stage, assuming the request has been refused, that an appeal can be made. You would normally have 28 days to appeal that decision to the education appeal committee of your education authority.
The letter of appeal is called the “reference” to the appeal committee. The appeal committee must grant you an appeal unless there is a ground for refusal and it is appropriate in all the circumstances to refuse your appeal. It is up to the council to provide enough evidence to prove these points. You have the right to appear or be represented at the appeal committee hearing. The appeal can be decided on the paperwork alone, but we would recommend that you attend the hearing. Once the hearing is concluded, the decision may be delivered at the end of the hearing. Alternatively, the appeal committee hearing may require further time to consider matters and they will advise you of the outcome in writing thereafter.
A parent who has made an unsuccessful reference to the appeal committee may then appeal to the Sheriff Court. You must lodge an appeal within 28 days of the decision. At this stage, if not before, your case will benefit from clear, practical legal advice. Our education law solicitors are here to help you understand the process and how best to present your case. So please get in touch if you need advice.
Do you need advice about challenging decisions made by a college or university?
We understand that students who have invested their time, money, and ambition in their diploma, degree or doctorate may face challenges within their educational institution. At Gibson Kerr we have significant experience in advising students on their rights and remedies within education with a focus on complaints and appeals as prescribed by the specific institution’s regulations; discrimination and the requirement to make reasonable adjustments; and ultimately Judicial Review.
We also represent students at the other end of the spectrum who are threatened with temporary exclusions or expulsion and who are brought before the Student or Senate Disciplinary Committee, and their placement or exit award at the institution is at risk.
At Gibson Kerr we have seen an increase in the number of students who are seeking our advice and support in what is a time sensitive, complex, and often emotionally overwhelming area. We represent the students and not the institutions. We understand the significance that an adverse decision can have on your future, and we have the skills and expertise to guide you through.
Complaints and Appeals
The first step when encountering a difficulty with an educational institution is to make a complaint against the conduct complained of, or appeal the decision. We can help you identify the correct route and ensure that your complaint or appeal is robust. Each institution has its own policy and timeframes which should be adhered to.
Equality Act 2010
Students with disabilities are entitled to reasonable adjustments. If you believe that you have been unfairly discriminated against, there are remedies available to you under the Equality Act 2010. Complaints under the Equality Act 2010 are time sensitive and should be raised within a prescribed period.
Student or Senate Disciplinary Committees
Educational establishments have codes of conduct that all students must adhere to. If a student is found to be in breach of a code of conduct, the educational institution may decide to temporarily exclude or expel the student depending on the severity of the alleged misconduct. We have experience assisting students who are brought before the Student Disciplinary Committee and Senate Disciplinary Committee.
Judicial Review
Educational Institutions are public bodies and may be held to account by the supervisory jurisdiction of the Court of Session. A Petition to the Court of Session to Judicially Review a decision should be raised within 3 months from the date of the decision complained of.
Contact us if you need advice, we will consider your situation and advise you about how best we can assist you in these matters.
