Not surprised no one has rushed to reply!
I'm afraid there are no easy answers .........
I'm confused over the point that states if you review and fail and then go to appeal, your appeal is around whether the review was administrated fairly. My question is how would I know?
You wouldn't know until the appeal.
At appeal the admission authority should explain how their review process met each of the three tests in your particular case. They ought
to have evidence that the process as applied to you was (1) fair, (2) consistent & (3) objective. Their case can be questioned and challenged by panel members and appellant.
The onus is on the admission authority to prove its case, it should not be on you to disprove it. In my view it's a high threshold, and it should be quite difficult in practice to prove that a review really was 'fair, consistent & objective' in any particular case.
Having said that, I'm aware that appeal panels in Medway have previously reached different conclusions.
The same thing has happened in Bucks which introduced reviews last year, and different panels are reported to have arrived at different decisions.
You might be interested in this: http://www.elevenplusexams.co.uk/appeal ... laneous#e9
(Skip the bit about headteacher recommendations, and scroll down to 'Review or Appeal?' There are some differences between Bucks and Medway, but many of the issues will be the same.)
Our reasons are that academic ability was held back last year due to severe disruptions in the classroom in staff and pupil behaviour. Progress to the required levels is already well underway in his new class which has support and continuity that was lacking last year.
For either a review or an appeal I would expect really strong academic evidence. In your particular case this means ideally (a) evidence of very high achievement prior to year 5, and (b) evidence of rapid and remarkable progress this year.
It's only one consideration, but with regard to (b), do you need more time for the academic evidence to materialise? If so, then purely from that point of view, a review might come too early for you.
Hope this helps a little - but I'm afraid whatever you do is a bit of a gamble.
It's a pity they don't do as in Kent where they have a form of review, but don't then attempt to restrict the right to a full and unfettered hearing in front of an independent appeal panel.