There are 2 distinct stages involved in a 2-stage appeal:
Parents do not have the right to a second appeal in respect of the same school for the same academic year unless, in exceptional circumstances, the admission authority (which may either be City of York Council or a local Academy Trust) has allowed them to make a second application because of a significant and material change in the circumstances of the parent, child or school but still refused admission.
Parents may apply for a place in the same school for a later academic year and would have a further right of appeal if that application is unsuccessful.
Stage 1: Factual stage
The admissions authority must prove that ‘prejudice’ would arise were an extra child to be admitted to the school.
Stage 2: Balancing stage
Parents present their information to the panel.
The panel must then exercise its discretion, balancing between the degree of ‘prejudice’ and the weight of parental reasons.