PLACING REQUEST APPPEALS INFORMATION FOR PARENTS - COVID 19
Please note that due to the current situation with COVID-19 the Council has taken the decision to cancel all meetings and Committees. This year the Scottish Government has extended the timescales for appeals as explained later in this advice. Given that the timescales being suggested by Government for restrictions are stretching into June it is unlikely that the Appeal Committee will hear appeals in June this year, the month appeals are usually heard.
If you do choose to appeal after reading this advice Committee Services will inform you of the appeals process. Although you can appeal in writing, due to the current restrictions in place in relation to contact an appeal by email to firstname.lastname@example.org would help Committee Services to process appeals more efficiently. Please provide your name and address, the name of your child for whom the appeal is being made, the name and address of the school of your choice, the date of the letter of refusal from Education Services and a statement indicating why you wish to appeal against this decision. Where an e-mail address is provided acknowledgement will be by e-mail.
When the Council is not able to give your child a place in the school you want, you are provided with the reason for this by letter.
The 'reason' is one or more of those explained below and allowed by law. There is an extract from both the Education (Scotland) Act 1980 and Education (Additional Support for Learning) (Scotland) Act 2004 included at the end of this guidance. However, the following is a summary of the legal reasons of refusal.
The Council does not have to admit your child to the school of your choice if any of the following apply:-
Pupil numbers in the school would exceed the capacity agreed for the school by the council.
The authority would require to employ another teacher
The accommodation at the school would need to be altered or significant money spent
At a later stage in the school another class would have to be created or another teacher employed
The child does not have the additional support needs requiring education or special facilities normally provided at a special school
Likely to be detrimental to order and discipline in the school
Likely to be seriously detrimental to the education and wellbeing of pupils attending the school
The education normally provided at the specified school is not suited to the age, ability or aptitude of the child
Placing the child in this school would prevent the education authority from retaining reserved places for catchment children
The specified school is a single sex school (with meaning given to expression by the Section 26 of the Sex Discrimination Act 1975) and the child is not of the sex admitted or taken (under that section) to be admitted to the school