School Admission Appeal for a Kinship Child in England

When a School Place Is Refused

A kinship carer who applies for a school place and is refused will receive a letter from the admission authority explaining the reason — usually that the school is full and the child did not meet the oversubscription criteria. The letter must also explain the right to appeal to an independent appeal panel.

For children in kinship care, a refusal can feel more urgent than usual. The child has already been through upheaval and needs stability. Sitting at home without a school place compounds the disruption.

Two routes exist for challenging a refusal: the formal appeal process and the Fair Access Protocol. They are not mutually exclusive — a carer can pursue both at the same time.

The Fair Access Protocol

Every local authority in England must operate a Fair Access Protocol (FAP) for unplaced and vulnerable children and those having difficulty securing an in-year place. Formal kinship care is an express eligibility category; an informal kinship arrangement or family crisis alone does not guarantee eligibility. Ask the local authority whether the child meets a category in its protocol.

The FAP is faster than a formal appeal: once it is agreed that the child will be considered under the protocol, a school place must be allocated within 20 school days, while an in-year appeal must be heard within 30 school days. All schools must participate in the local protocol. A local authority can direct a maintained school for which it is not the admission authority only in specified circumstances; it cannot direct an academy itself, but can ask the Secretary of State to do so.

To ask for a FAP referral, contact the local authority admissions team, explain the child's circumstances, and ask which eligibility category applies. The carer may need to ask directly; the child can still make an ordinary in-year application and appeal a refusal.

Filing a Formal Appeal

The formal appeal process works on a set timeline:

1. The admission authority refuses the application and provides the reason in writing
2. The carer submits an appeal form, usually within 20 school days of the refusal (the exact deadline is in the refusal letter)
3. An independent appeal panel hears the case — the carer presents their argument, and the admission authority explains why the school cannot take more pupils
4. The panel decides whether the child should be admitted

The appeal panel weighs the prejudice to the child of not attending the school against the prejudice to the school of admitting another pupil. For a kinship child, the case typically rests on:

• The child has been displaced by a family crisis and needs stability
• This school is the nearest suitable school to the carer's home
• The child has siblings at the school
• Moving the child to a more distant school would cause further disruption
• The child has specific educational or emotional needs that this school is best placed to meet

Writing the Appeal Letter

The appeal letter should be factual and focused. It does not need legal language — the panel is composed of lay people, not lawyers.

Include:

• The child's name, age and current situation (that they are in kinship care and why — in general terms, not graphic detail)
• Why this school is the right school for the child (proximity, siblings, specific support, continuity of friendships if they attended before)
• The impact on the child of not having a place at this school
• Any supporting evidence: a letter from the child's previous school, a GP letter about the child's wellbeing, or a statement from a social worker if one is involved

Do not make threats, criticise the school, or suggest the admissions system is unfair — even if it feels that way. The panel responds to a clear, calm explanation of why this child needs this place.

School Transport for Kinship Children

If the child ends up at a school further from home than the nearest suitable option — which can happen when closer schools are full — the local authority may have a duty to provide free transport.

The statutory distance thresholds are:

• Under 8 years old: free transport if the nearest suitable school is more than 2 miles away
• Age 8 to 16: free transport if the nearest suitable school is more than 3 miles away

For low-income households that qualify for targeted free school meals or maximum Working Tax Credit, extended rights apply with lower distance thresholds and a wider choice of qualifying schools. Expanded free meals alone do not qualify.

If the local authority refuses transport, there is a two-stage review process: an officer review followed by an independent appeal panel. The grounds for appeal include that the local authority has not correctly assessed the child's walking route or has not applied the extended rights.

For the full school admissions and transport framework, the England kinship consent guide walks through every step from the initial application to appeals and transport.

See more England guides →