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

Post by HJC66 »

The latest development with the LA is in relation to a letter I wrote expressing concerns regarding the IAB review.

This is what I wrote:

I have accessed Wirral Learning Grid, Wirral Admissions Forum and read minutes dated 26th February 2008. Below is an extract of these minutes:

“The guidance given in the New Code does stipulate that, where an Authority operates a process to review pupils whose assessment is not a true indication of the child’s potential, then the Appeals Panel cannot review the case again and their ability to grant such appeals is greatly constrainedâ€
HJC66
Posts: 38
Joined: Sun May 10, 2009 10:27 pm
Location: Wirral

Post by HJC66 »

A quick update. Seems we're not the only Wirral parents to complain to the Ombudsman. The lady I just spoke to from the Ombudsman has said that they have received many complaints about Wirral appeals procedure and is writing to them today to find out why they didn't follow procedure. She's going to suggest we receive another appeal hearing but is also going to "thoroughly investigate the seriousness of the complaints received". Apparently the authority has 2 weeks to reply, so I'm informed that we should have some closure on this within the next 4-5 weeks. I hope that by making this complaint, Wirral LA will clean up their act and future parental appeals follow the correct procedure and are less stressful for others
Grumpy!
Posts: 73
Joined: Fri May 02, 2008 2:45 pm
Location: Wirral

Post by Grumpy! »

Hi HJC66

Sorry I didn't spot your earlier post: the LGO had all the documents that I had last year - not amounting to much. They should be able to tie up the, very lengthy, criticisms they made last year. Complaints were made by 8 people that I am aware of and that was just Calday. The ref last year was 08 002 880.

I am horrified that Wirral still are putting parents through this - it does not seem to be a level playing field.

My thoughts and best wishes are with you and if you think of anything else I could possibly help with do get in touch - I do check in from time to time.
HJC66
Posts: 38
Joined: Sun May 10, 2009 10:27 pm
Location: Wirral

Post by HJC66 »

Hi Grumpy
Thank you so much for your best wishes. The Ombudsman investigator did not specify how many parents had raised complaints this year, but did say that they are taking the complaints very seriously. I got the impression that the Ombudsman are losing patience with the LA's failings and was assured a full and thorough investigation would take place :)
HJC66
Posts: 38
Joined: Sun May 10, 2009 10:27 pm
Location: Wirral

LGO suggest this is not enough evidence of maladministration

Post by HJC66 »

[quote="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€
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Dear HJC66

Very sorry to hear this.

I anticipated that some of the points would be technical breaches and not considered serious enough to lead to an injustice.

The main point, it seems to me, was:
The fact that the LA Representative did not leave the room and was left alone with the panel.
Is this being disputed?

If not, then I would have thought that there are grounds for a re-hearing, and I suggest you ask the Investigator if your case could be reviewed (by the Deputy Ombudsman, for example).
Etienne
HJC66
Posts: 38
Joined: Sun May 10, 2009 10:27 pm
Location: Wirral

Post by HJC66 »

Hi Etienne. Thanks for your reply. The Clerk, Chair and Panel are categorically denying that the LA rep was left alone in the room with the panel. I of course know this to be true but it's my word against theirs so it's up to the Ombudsman who they believe. I honestly feel that they don't believe me though!!! I remember clearly that LA rep was already seated when we entered the room for 2nd part of our appeal. She did not leave with us at the end either
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Hi HJC66

I assume we've got to the stage where the Investigator has written "If I do not hear from you within the next couple of weeks ......."?

I guess you've already thought of this, but is there any way you could make contact with anyone else who appealed at the same time?
Etienne
HJC66
Posts: 38
Joined: Sun May 10, 2009 10:27 pm
Location: Wirral

Post by HJC66 »

I haven't received anything in writing from LGO as yet. I spoke to the investigator today and she suggested that as it stands there is not enough evidence to prove maladministration. All seems to be hanging on proving LA rep was alone with panel. Unfortunately I don't know any of the other parents and have looked on Wirral forums to see if anyone else had encountered similar problems with their appeals this year, but to no avail
Snowdrops
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Joined: Wed Nov 21, 2007 5:20 pm

Post by Snowdrops »

Probably a crazy idea, but is there any possibility of putting an ad in the local paper asking for contact from anyone having undergone an appeal at *** school this year?
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