//If a school is full then that's a pretty good reason. If an appeal is successful it means a place previously awarded to someone else has to be withdrawn. Generally "better" more popular schools will be oversubscribed and if they aren't the nearest school then it's difficult to make a case. I'm not sure the fact that it's a faith school would make any difference. //
Ichkeria, that is factually and legally incorrect. This is how it works:
The school sets a PAN (planned admission number) for each year. It admits children based on the Admission criteria, in accordance with the Schools Admission Code of Practice. Once the PAN is reached, it starts refusing. Legally it cannot do anything else. Thus if the PAN is 80 and they have 100 applications, it follows that 20 will be unsuccessful.
IF one of the unsuccessful parents decide to appeal the Independent Appeals Panel (IAP) can admit children above and beyond the PAN. This DOES NOT mean that a place awarded to another child will be withdrawn. It means the school will have to take a child over and above PAN. Thus if the PAN is 80 and the Panel admit 3, that year group will be 83. A good indicator of how schools cope is to look at the PAN and to see how many people above the PAN it regularly deals with.
As for the "school being full which is a pretty good reason", well its like this, in law "being full" is not enough. The school has to demonstrate prejudice, being full might be a pretty good reason, but that in itself is not enough. I once clerked a case where the LEA was saying "the school is full, blah blah blah", yet the headmaster gave evidence and said "yes the school is full, but we have fantastic measures in place to cope with over crowding and we can manage a few more in that year". All 18 (yes that's EIGHTEEN) appellants were admitted since the IAP could not find any prejudice at all.
Madmen, if you feel strongly, appeal - there are people who know how to contact me and I can tell you how to put an appeal together.
Jd - I am sorry for hijacking your thread.
I know most people know me as a chancery lawyer, but I have also spent 10 years as a clerk to the IAP so have indepth knowledge of Admission and Exclusion appeals.