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Etienne
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Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

I assume you don't know, LFH, what would have happened if too many children had been deemed qualified during this process? It would make sense if they then held a separate round of oversubscription appeals, as in Bucks.
Etienne
Looking for help
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Location: Berkshire

Post by Looking for help »

No Etienne, I don't know, but I find it very suspicious that there were 28 places available to take the intake up to PAN and 28 places were given out at appeal. I really hope the ombudsman thinks so too.
Rgds,
LFH
HJC66
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Joined: Sun May 10, 2009 10:27 pm
Location: Wirral

Post by HJC66 »

Dear Etienne
Your opinions and advice have been invaluable to us. All that remains for us to do now is to compile a list of the relevant parts of the code in which the LA did not follow the mandatory procedure with our appeal hearing. It would appear that this list could become quite lengthy. :roll:

Our complaint has only gone to the LA so far. We've yet to inform the Ombudsman. How long would you recommend waiting for a response before lodging our complaint with the Ombudsman :?:
Looking for help
Posts: 3767
Joined: Thu Dec 18, 2008 11:12 am
Location: Berkshire

Post by Looking for help »

Hi HJC66 - we have spoken to the ombudsman, and although they treat these cases as priority, they still take about 12 weeks until conclusion - so you need to make your complaint fairly quickly if you want resolution before September.
Rgds,
LFH
HJC66
Posts: 38
Joined: Sun May 10, 2009 10:27 pm
Location: Wirral

Post by HJC66 »

Thanks for the advice LFH. I hadn't realised it could take a further 12 weeks for them to investigate. Did you write to the Ombudsman or telephone? What has been your experience with them so far?
Looking for help
Posts: 3767
Joined: Thu Dec 18, 2008 11:12 am
Location: Berkshire

Post by Looking for help »

Well I am slightly confused by it all - we telephoned initially seeking advice, but they seemed very keen for us to make a complaint.
They haven't actually given us any advice, and so we went on just to make the complaint that there was maladministration in the running of our appeal. My husband spoke to them and told them what we think was wrong with the process, and they said they would be in touch.
That was last week, we haven't heard any more, but are waiting for them to come back to us. The most realistic outcome will be a further appeal in front of a different panel, and that is only if our complaint is upheld, which it probably won't be, given our luck, this year (roll on 2010 8) ).

Anyway we don't really hold out any hope for us, but if it makes the appeals process more transparent for people coming up then it's been worth it, I think.

It does sound from what I have been reading, that there was something amiss in the way your appeal was run, so I wish you good luck with the ombudsman


Rgds, LFH
HJC66
Posts: 38
Joined: Sun May 10, 2009 10:27 pm
Location: Wirral

Post by HJC66 »

LFH, did you make your complaint in writing or verbally over the telephone. Our complaint is slightly different as we are complaining that the LA did not follow the School Admissions Appeal Code. Ideally we would like to resolve this matter with the LA in the hope that it would not be such a long drawn out process. If they don't respond soon though we will have no choice but to go to the Ombudsman.

There are only 15 weeks left now until the beginning of the September 2009 school term :shock: I hope and pray that we can both resolve our problems in this timeframe. I guess the best we can hope for is a successful 2nd appeal. Like you I am doubtful that we will acheive a positive outcome as from what I've read on this forum, 2nd appeals are very rarely upheld.

We'll just have to keep fingers, toes and everything else crossed. Good luck
Looking for help
Posts: 3767
Joined: Thu Dec 18, 2008 11:12 am
Location: Berkshire

Post by Looking for help »

Hi - our contact has been over the telephone, nothing in writing.
You're right we'll have arthritis from the crossing of everything :lol:
Good luck
LFH
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Dear HJC66

You may have missed this post:
http://www.elevenplusexams.co.uk/forum/ ... sc&start=0
(scroll down to the post dated Tue Mar 10, 2009, 08:31 am, and then down to the heading "ombudsman".)

The length of time taken does vary, depending on the difficulty of the case. I've heard of ombudsman cases that were dealt with within weeks, and of others that dragged on for 5 or 6 months!

As far as the LA is concerned, 2 or 3 weeks would be reasonable in my view. There's nothing to stop you pursuing both avenues at the same time if you're getting worried.

Like LFH, I have the impression that the ombudsman usually wants to look into any complaint - unless it's obviously pointless!

I have no evidence at all that any subsequent re-hearings are usually unsuccessful.

As far as I can judge, complaints to the ombudsman are more likely to be unsuccessful, because it's not enough that the Code has been technically breached - the ombudsman also wants to be satisfied that any error was so serious as to cause an injustice.

Even if you don't get the outcome hoped for, it's healthy that appeal panels and admission authorities know that they may have to justify what they do. Sometimes even an unsuccessful complaint can lead to improvements being made for future appellants.
Etienne
HJC66
Posts: 38
Joined: Sun May 10, 2009 10:27 pm
Location: Wirral

Post by HJC66 »

Thanks Etienne for posting the link for information on the Ombudsman. I've had a good read through and will be basing my complaint to them on the following grounds: (Any comments or opinions would be most gratefully received before we go ahead and submit our complaint)

Maladministration causing injustice due to:
LA’s failure to follow correct procedures.
The appeals process was not properly conducted
LA’s failure to act independently and fairly.

Failure by LA to allow appellants to prepare for the appeal hearing

a)The names of Panel Members and the Clerk or the capacity in which they were serving were not provided to us prior to the hearing. (Should receive 3 days prior to hearing)
b)No additional information was asked of us.
c)No notification was given of witnesses

Failure by LA/Clerk to provide any evidence before the hearing

a)Did not receive a written statement summarising how places at the school were allocated or how the admission arrangements applied to our application. No relevant background information received whatsoever.
b)No written statement summarising the reasons for the decision or copy of the decision letter received. The LA did not notify us in writing of the schools net capacity figures and have provided no factual evidence to substantiate their claim of “prejudice to the provision of efficient education and the efficient use of resourcesâ€
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