Q:

13.01 Is a Child’s ALN a factor the Independent Appeal Panel will consider?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

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  • 01 Nov 2024
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    An ‘ordinary prejudice’ admissions appeal is split into two stages:

    • In the first stage, the Panel decides whether the school’s admissions procedures have been carried out correctly. 
    • In the second stage, the Panel will consider all of the circumstances that are particular to the child.

    The question the panel considers in the second stage of an ‘ordinary prejudice appeal’ is whether there would be more prejudice to the school in admitting the child or whether there would be more prejudice to the child in not admitting them to the school: School admission appeals code, November 2023, paragraph 5.18.

    One ground on which the Panel can allow an ‘ordinary prejudice appeal’ is ‘compelling medical and social reasons’. A child’s ALN is a potentially relevant factor the panel can consider in relation to this.

    However, the fact that a child has ALN is not in itself likely to be sufficient to lead to a successful appeal. 

    The test that the Panel has to consider when dealing with an ‘infant class size’ (Reception, Year 1 and Year 2) appeal is different.

    The Panel has to consider whether the admissions arrangements were properly implemented, whether the arrangements were lawful, and finally whether or not the decision was one which a reasonable admission authority would make in the circumstances of the case. In this final stage, the Panel may take into account a child’s ALN in a similar way as described above: School admission appeals code, November 2023, paragraph 5.15.

    Nodi No-nonsense Guide Wales

    Nodi No-nonsense Guide Wales
    Authors: Civitas Law education team