Infant class size appeals (reception and year 1 and 2)

What is an infant class?

The School Standards and Framework Act 1998 limit the number of children in a single reception, year 1 and year 2 class to a maximum of 30 pupils per school teacher (Classroom Assistants, dedicated support workers etc are not classed as school teachers) – this is known as infant class size limit.

The laws which govern infant class size are the School Standards and Framework Act 1998.

Can infant classes have more or less than 30 pupils?

Some schools organise pupils in mixed-year classes and can admit more than 30 children into their reception year. For example, some schools might admit 45 children into reception. These are split into one class with 22 pupils and one with 23 pupils. As these two classes move into year 1, they are mixed with year 2 pupils. This creates 3 mixed-year classes, each with 30 children. 

Infant class size limit also considers how admission numbers affect future academic years. Therefore, the limit still applies if the admission authority can show that by admitting an additional pupil into reception, the infant class size limit would be breached in future years. 

Please contact the admission authority to find out if your appeal falls under the infant class size regulations.

Can I submit an infant class size appeal?

In order to appeal for a school, you need to

• have applied for a place at the school and
• have been refused a place by the admissions authority

What factors does the Panel have to consider to allow an appeal?

To allow an appeal the Panel must make the following four decisions:

1. whether the admission of an additional child/additional children would breach the infant class size limit;
2. whether the admission arrangements (including the area’s co-ordinated admission arrangements) complied with the mandatory requirements of the School Admissions Code and Part 3 of the School Standards and Framework Act 1998;
3. whether the admission arrangements were correctly and impartially applied in the case(s) in question. The admission arrangements set out the way in which applications should be processed and also includes the process of applying the oversubscription criteria.
4. whether the decision to refuse admission was ‘reasonable’ under the circumstances of the case.

Please bear this in mind when considering an appeal for reception and years 1 or 2 where there are 30 pupils in the class. Parents often find it frustrating when they realise the limited powers of the panel.

What is a reasonable decision? 

The word ‘reasonable’ is used in its legal sense. In order to find a decision ‘unreasonable’, it would have to be so extremely irrational that it completely goes against common sense or moral standards. 

 It is unlikely the Panel will consider the following unreasonable: 

• having to transport siblings to different schools at the same time; 
• having to walk your child to school along busy roads, despite being offered a place at an alternative school within the statutory walking distance from your home address; 
• attending a different school to the friends your child made at nursery; and 
• due to your work commitments your preferred school is closer to other family members’ homes (e.g. grandparents) and you are relying upon them to transport your child to and from school. 

However, the Panel may consider the following circumstances as being reasonable and uphold the appeal: 

• you submitted your application form and baptism certificate by the deadline to the correct admission authority.  You have not been offered a place at your preferred school as you believe the admission authority did not have regard to the baptism certificate as it was in another language. 
• Soon after the closing date for applications you notified the admission authority that you had not submitted your application on time because of the bereavement of a close family member, to which you submitted the appropriate evidence (e.g. death certificate).  You have not been offered a place at your preferred school and you are of the opinion the admission authority did not have regard to your exceptional circumstances. 

Your appeal could be allowed if: 

• you can demonstrate that the above have not been complied with, and  
• the Panel are satisfied you have sufficiently demonstrated non-compliance with the above. 

If multiple children would have been offered a place under the four points listed above, but if admitting all of them would affect the school’s ability to teach use its resources effectively, then the Panel must compare each child’s case. 

Infant class size appeal process

School case

The presenting officer will present the case of the admitting authority, explaining why a place could not be offered for your child at your preferred school.

You and the panel may question the presenting officer on what has been said.

The panel will, separately from any other party except the clerk, consider whether

• the admission arrangements comply with the School Admissions Code the School Standards and Framework Act 1998,
• whether arrangements were correctly and impartially applied and
• whether additional children would ‘prejudice the provision of efficient education or the efficient use of resources.’

If the panel decides that the arrangements did not comply or were not correctly applied in your case, or that the year group is not full, the hearing will not go on any longer.

If yours is the only appeal for the school, your child will be admitted and the hearing will conclude at this stage.

Where there are multiple appeals for the same school and some but not all of the applicants could be admitted, the hearing would move the next stage to consider which children should be admitted.

About your personal circumstances

You will be invited to present your case independently of any other parents who are appealing and explain why you are appealing against the admitting authority’s decision.

You should mention all the reasons why you feel the school you are appealing for is the best option for your child, and what extenuating factors justify your child getting a place even though the panel has agreed that there was a good reason for turning you down. 

You should include all relevant information and where possible provide supporting written evidence with your written application.  Remember everything you say is confidential and it is important that the panel fully understands your reasons for appealing!

The panel and presenting officer may question you about what you have said.

All parents will be interviewed individually before any final decisions on admission are made.

Submit an appeal

If you are considering an appeal for reception, year 1 or year 2, please contact either Governance Support or the school directly for further information about the law relating to infant class sizes. 

Submit an infant size class appeal.