In England, if a state-funded school is not oversubscribed for the relevant intake, it must offer a place to every applicant, except at designated grammar schools. You still need to apply through your local council, and a vacancy in one year group does not guarantee a place in another.
What does “more places than pupils” mean?
For admissions, the key comparison is the number of applications against the places available in the relevant year group or intake. A school is undersubscribed when it has fewer applicants than places available. The Department for Education’s School admissions code 2021, paragraph 1.6 says: “If the school is not oversubscribed, all applicants must be offered a place (with the exception of designated grammar schools – see paragraph 2.8 of this Code).”
This is not a promise that a school has unlimited capacity or must admit a child into any year group at any time. A place available in reception, for example, does not show that there is a vacancy in year 4.
How to apply for a place
- Apply through your local council. For the normal admissions round, submit the application to the council where you live, even if one of your preferred schools is in another council area. Use the current instructions and deadlines on your council’s admissions pages. GOV.UK explains the process at Apply for a school place.
- List schools in preference order. You may name multiple schools. Listing only one does not increase the likelihood of getting that school, so consider including other acceptable options.
- Submit an application even if the school appears to have spaces. Places are not assigned automatically. Attending a linked nursery or feeder school also does not remove the need to apply.
- For an in-year move, check the specific year group. Contact your council about its in-year process and which schools currently have places. Availability can differ between year groups and change over time.
Who decides whether your child gets a place?
The admission authority makes decisions according to the school’s published admission arrangements. The authority depends on the school type:
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- Community and voluntary controlled schools: the local council is the admission authority.
- Foundation and voluntary aided schools: the governing body is the admission authority.
- Academies: the academy trust is the admission authority.
If there are more applications than places, the authority applies its published priority criteria in order. The Code gives highest priority, subject to its rules, to looked-after and previously looked-after children; the local arrangements set the remaining criteria and tie-breaker. Being local does not, by itself, guarantee priority: check the criteria for the school and intake you are applying to.
A child whose Education, Health and Care Plan names a school must be admitted under the Code. Designated grammar schools are a separate exception to the ordinary rule for schools that are not oversubscribed; selective entry requirements may apply.
What if none of your preferred schools offers a place?
Your council must arrange another school place if you are not offered any of your preferences. GOV.UK says this is usually the nearest school with places available. Ask the council what place it has arranged and what alternatives remain available.
What to do if the school refuses your application
A refusal may mean the relevant year group is full, or that the school was oversubscribed and applicants with higher priority were offered places. The decision letter should explain why the application was refused. If the reason is unclear, ask the admission authority for more detail.
Ask to join the waiting list
You can ask to join a school’s waiting list, including after accepting a different offer. Admission authorities must keep a waiting list open for at least the first term of each school year. Read the council’s or school’s instructions for how to request a place and how the list is ranked. Further guidance is available from GOV.UK.
Consider an appeal
You have a right to appeal a refusal, subject to the separate process for a child whose EHC plan names the school. In an appeal, use the published admission arrangements to explain any error in how the criteria were applied, and set out why the school meets your child’s individual needs. The GOV.UK school admissions appeal guidance advises considering an offered alternative place so your child has a place while an appeal is pending; accepting it does not prevent you from appealing.
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Infant class appeals have particular legal limits. The general limit is 30 pupils per teacher in reception, year 1 and year 2, subject to exceptions. Check the appeal guidance for how those limits affect an individual case.
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This explanation covers state-funded school admissions in England. Admissions systems in Scotland, Wales and Northern Ireland differ, so use the guidance for the relevant nation. The House of Commons Library notes that most parents nationally receive a first-preference offer while outcomes vary considerably by area; that broad picture does not establish whether a particular local school has a vacancy. Check the current arrangements and places with your council and the admission authority.
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