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Government rules mean that, subject to certain limited exceptions, infant classes may not contain more than thirty pupils with a single teacher (Section 1 of the 1998 School Standards Framework Act).
Therefore, admission authorities dealing with applications for infant school places may refuse to offer an infant place to a child where that admission would cause class size prejudice – i.e. would mean that the school would have to take qualifying measures (find additional accommodation and/or employ an additional teacher) to comply with the duty to limit infant class sizes to 30 pupils.
The grounds on which an appeal can be successfully made in cases where the refusal is due to infant class size are limited.
An Appeals Panel can only uphold an appeal in these circumstances where it is satisfied that (a) the decision to refuse admission was not one which a reasonable admission authority would have made in the circumstances of the case or (b) that the child would have been offered a place if the school’s admission arrangements had been properly implemented (Para 12, Schedule 24, 1998 School Standards and Framework Act).
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