There are two distinct stages involved in a two stage appeal:
- First: a factual stage – The admissions authority must prove that ‘prejudice’ would arise were an extra child to be admitted to the school.
- Second: a 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.
Parents are only entitled to one appeal for a school once each year. A re-appeal would only be considered if new evidence became available which could not have been made available at the original appeal hearing.