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PostPosted: Thu Jul 02, 2009 9:45 am 
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Joined: Fri Nov 23, 2007 12:59 pm
Posts: 70
Hi

Please can someone help me! I am in the horrible position of coming up against my headteacher at a transfer appeal next week. I have access to all the school data and I have been to see him this morning to check that all the data I have is in the public domain so that I am not jeopardising my job!

He has told me categorically that it is possible for the appeal panel to decide to admit some children at stage one. As I understand it, I thought it was an all or nothing situation please could someone clarify this for me please. It's so frustrating every time I think I have a handle on this something comes up!

Thanks

IT

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PostPosted: Thu Jul 02, 2009 12:02 pm 
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Dear IT

Up until 2007 there used to be an alternative decision possible at stage 1: "When hearing multiple appeals, if the panel decides that further children could be admitted without prejudice to the school, it must then determine how many could be admitted and allow appeals up to that number."

In effect this meant a third option was possible: the school case had only partly been made, and some children could automatically be admitted without prejudice. However, it would still have been necessary to proceed to stage 2 to determine which cases automatically to uphold. (It did not stop the panel upholding other cases if they decided the prejudice to the school was outweighed.)

This provision was withdrawn in 2007.

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PostPosted: Thu Jul 02, 2009 12:07 pm 
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Thanks Etienne,

So I had understood it correctly basically you can only win at stage one if the panel admit everybody. If this provision has been removed am I right in assuming that any points we make effectively at stage one may soften the panel up to admit children at stage two depending on the circumstances?

Do I go back and tell him that he is wrong!

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IT

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PostPosted: Thu Jul 02, 2009 12:31 pm 
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Hi, IT

Yes, for you to win at stage 1, the panel would have to decide that the school had not made its case and that it could cope with the admission of all the appellants. [The only other possibility would be that a flaw in the admission arrangements comes to light at stage 1, and it is clear that one or more children should have been offered a place if the correct procedures had been followed - but this won't apply to late transfers where there were no vacancies to start with.]

It seems to me that, in reality, the degree of prejudice could vary from mild to extreme, so even if prejudice is established at stage 1, you may still succeed in denting the school case, and this can be taken into account at the balancing stage.

If your headteacher reads the latest Appeals Code, he'll find no mention of "fixing a number" at stage 1 of multiple appeals! I leave it to you whether or not to bring him up to date. :)

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