
One of the most crucial factors for parents to think about is where their children go to school. One of the most important aspects of being a parent is making sure your child gets the most education possible. Sometimes, the school your child is expected to attend because of the “Catchment Area” in which you live might not be the best fit for them. In these situations, you might try to have your child admitted to a different school that you think would be a better fit for them for a variety of reasons. Making a Placing Request to the appropriate local Council does this, especially if you wish to appeal a decision to refuse. However, what would happen if this request was turned down?
Areas of Catchment & Request Placing
Each local authority in Scotland is separated into what are known as “Catchment Areas.” Therefore, the school in your Catchment Area is the one your child is expected to attend based only on your residence. Both elementary and secondary schools are affected by this.
Issues occur when, for a variety of reasons, the local school is not necessarily the one you want your child to attend, leading to a potential refusal of placing request. You must submit a Placing Request if you wish to take action and this relates to you. Even if you eventually decide that your child does not want to attend your local catchment school, it is imperative that you first enrol them. Your child is legally required to be enrolled to receive an education, and you may need to attend another school if your request is denied.
Some deadlines and specifications must be followed when submitting a placing request, particularly in cases of refusal. Selecting the school you want your child to attend is the first—and possibly most crucial—step. Following your decision, you must submit a request for that particular school. Depending on the Council region, this may differ, but generally speaking, all it takes to accomplish this is to go online and complete a form on the website of the appropriate Council.
Making this request at the appropriate moment is crucial. You can request it starting in November and must do so by March at the latest if you want your child to start the new school at the start of the next academic year. You should hear back by the end of April if you submit the request during this window.
The Council may take up to two months to deliberate on your request if you submit it after March or if you want to move your child’s school in the middle of the academic year. However, you might hear back before this time.
The Council will let you know if your request is approved, usually by sending you a formal letter. After that, your child will be allowed to go to the school of their choice. The Council will notify you in writing if your request is denied and provide an explanation. After that, you have the option of appealing this decision or resubmitting your request for a new school. It’s crucial to remember that you cannot request another school while your appeal is still pending if you decide to challenge a refusal decision.
Contesting the Decision on a Placing Request
After receiving the letter with the decision, you have 28 days to file an appeal if you decide to contest the decision to deny your placing request. The appeal regarding the request is sent to the appropriate Council. If you choose to contest the initial decision, you can fill out an Appeal form on the majority of Council websites, just like you would with the original application.
You will need to be aware of the following details and include them in your appeal:
- Your address and name
- The child’s name for whom the appeal is being filed
- Your preferred school’s name and address about the appeal
- The date that appears on the denial letter
- A justification for your desire to appeal the ruling.
Making an appeal that is both detailed and pertinent to your situation is crucial. It must be truthful, emphasise the important details, and show why your child’s best interests and specific requirements will be met by attending the selected school. These circumstances and the reason for your appeal will be of interest to the Appeal Committee.
After acknowledging your appeal request, the appeal committee may try to schedule an appeal hearing regarding the refusal. These hearings can be held in person, via video, or via teleconference. If both parties agree, the hearing may occasionally be conducted only by written submissions regarding the refusal of placing request. Any hearing date must be announced to you at least 14 days in advance. A hearing should normally be scheduled within 28 days of the committee receiving the appeal, but it could be postponed if there are additional appeals to the same school or because of outside circumstances. The 28-day period will begin on the date of the last appeal received in cases where the appeals are consolidated after a refusal.
Applying to the Sheriff Court in your area
You might have the right to file an appeal with the local sheriff court if your appeal hearing is not heard within two months. You have the right to appeal to the Sheriff Court if your appeal is denied during a hearing. As an alternative, you might also have the right to appeal to the Sheriff’s Court if a hearing is held and you do not hear back from the court within 14 days after the hearing’s completion. You would once again have 28 days from the date of the ruling to file this additional appeal if you decide to take the case to court.
A summary application is what you submit to your local sheriff’s court. This application must be submitted in a particular manner, and the process is frequently challenging. We highly advise that you get legal counsel now if you haven’t already done so during this phase of your refusal case.
Following the submission of a summary application to the court, the sheriff will first determine whether the Council’s denial of your initial request was justified by law. Your request could be denied for several reasons, some of which are listed below. The Sheriff will reverse the Council’s initial decision and enable your child to attend the school you applied to if it turns out that the stated reason is illegal.
The Sheriff may still decide to reverse the Council’s decision if they feel that, under the circumstances, your request should be granted, even if the rationale for rejecting the application is permitted by law. Your child would once more be allowed to attend the selected school if this happened.
Reasons why your appeal might not be accepted:
- The number of students in the school would be more than the council-agreed capacity.
- Another teacher would have to be hired by the authorities.
- It would be necessary to make changes to the school’s accommodations or spend a substantial amount of money.
- Later on in the school’s history, it would be necessary to start a new class or hire a different teacher.
- The child doesn’t have the extra support needs that call for special education or facilities that are often offered at special schools.It would be extremely harmful to the child’s educational continuity to grant the request.
- The school’s discipline and order may suffer if the request is granted.
- The child’s age, aptitude, and ability are not appropriate for the instruction typically offered at the school of your choice.
- The education authority would be unable to maintain designated spots for catchment students if the child were placed in this school.
- The school is exclusively for one sex.
Contact our Education Law Solicitors
For a Free* Consultation with our education lawyers based in Glasgow & Edinburgh, Scotland, call us today on 0808 169 7318 or complete our legal advice form for assistance with your appeal. online enquiry form and let us help you appeal the decision if you wish to appeal.
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