In the proposed Scheme to co-ordinate Secondary admissions in Kent 2009/10, the Secretary of State has clarified that the 'head teacher assessment' comes within the definition of a non-statutory 'local review' and has reiterated that there will be no right of appeal against the outcome of a child's assessment, but parents may make an admission appeal if their child is refused admission to any school. This is in line with the law contained within the Appeals Code which came into place from 1st March this year.
"head teacher assessment" - a stage in the assessment process in which a child's primary school may if necessary submit additional evidence and a written statement to a head teacher panel to enable a final assessment of suitability to grammar school to be made."
We now have a level playing field between appeals to selective and non-selective schools.
Appeals panels must work on the basis that it must comply with the parent's preference unless:
(a)this is not compatible with its approved admission arrangements; or
(b)this would prejudice the provision of efficient education or use of resources.
It is a two-stage process, (a)the first of which is where the panel should decide whether the school's admission arrangements have been correctly applied. In the case of a grammar school where the passing of the 11+ is a requirement for entry, the appeal would presumably now be disallowed because of non-qualification;
(b) requires that the panel must then satisfy itself that prejudice exists.
If the panel agrees that the admissions arrangements have been correctly applied and that there would be prejudice, it moves to the next stage - the balancing stage
At this stage the panel must
consider whether the parents' grounds for their child to be admitted outweight any prejudice to the school. In other words, the grounds must be alllowable: Non-qualification is not an allowable ground.