Infant Class Size Legislation
The law states that there must not be more than 30 children per teacher in an infant class. Infant classes include year groups Reception, Year 1 and Year 2.
Schools and appeal panels are unable to admit an additional pupil where it would breach this limit other than in very limited exceptional circumstances.
How does Infant Class Size Legislation affect my appeal?
If the admission of an extra child would breach class size legislation it’s very difficult, even for an appeal panel, to allow an extra child to be admitted.
Appeal reasons such as children attending different schools, transport problems, working arrangements, difficulties getting your child to school on time or that you prefer the school due to its Ofsted rating are not grounds of appeal that the independent appeal panel can consider in infant classes.
Even if the panel considers the school as a whole could accommodate more pupils, they cannot legally make a decision to admit a child where it would breach the legislation in an individual infant class.
An appeal panel can only uphold an appeal if at least one of the following strict conditions applies:
- The decision was not one which a reasonable admission authority, properly aware of its responsibilities, would make in the circumstances of the case.
- The admission arrangements were not properly implemented, and the child would have been offered a place if they would have been.
Can I still appeal for an infant class?
Yes, the statutory right to appeal exists for all school year groups and you are entitled to submit an appeal, including for infant classes.
You should consider your reasons for appeal and if these would meet the very exceptional circumstances where an infant class appeal may be allowed.
Due to the limited exceptions, infant class appeals are rarely successful.