Panel Meeting: Letter changes the grounds for appeal
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Midget Man
- Posts: 950
- Joined: Mon Nov 16, 2009 8:28 pm
- Location: Bucks
Appeals are a judicial process, where we, the panel, have to judge between two sides, using a process of Natural Justice. However, most panels will try & keep the process as amicable and informal as possible within the boundaries set out by the code of practice. Some panels & clerks are better at that than others!PJ wrote:The whole process felt quasi judicial - I am used to making presentations, however, my hands were shaking all the way through the presentaton!
Being passive or aggressive should make no difference to the outcome of an appeal. We look at the facts presented to us, not the attitudes. Human nature, of course, can not help but influence us, just on a sub-concious level, so aggression is unlikely to actually help a case, whichever side it comes from!
Capers
Thanks for all the comments.
My wife was almost in tears during part of the appeal - and I felt myself welling up. It's really wierd - I haven't ever done that before - just the way in which this decision is so important to DS and the nature of our mittigating circumstances are so painful atm.
On the whole, however, we were calm and collected - tried to be reasonable and friendly. The panel seemed reasonable people and listened to our appeal. We had more time than we were allocated and the process was managed in a clear and professional manner.
But ....what I found really frustrating was that the panel didn't question the HM (I think he had only one question) and that the HM brought all sorts of emotional arguments in without question...agghhhh. They also asked us questions which I couldn't see the relevance of.
If it was a judical process I would have expected the panel to apply equal rigour to both parties - in this case I felt the HM was given a lot of leaway.
I just went out with the feeling that we gave it our best shot - put some clear arguments together and that the School's case was very weak, HOWEVER, I also felt the panel wouldn't judge in our favour.
I know that its dangerous to prejudge the result, but, when we went to the car after the meeting we talked about what if we don't win. We discussed the possibility of the ombudsman - but my DW thinks that if we go for that my other DS who is already in the school will be singled out.
Anyway we will hear by early next week - either way.
My wife was almost in tears during part of the appeal - and I felt myself welling up. It's really wierd - I haven't ever done that before - just the way in which this decision is so important to DS and the nature of our mittigating circumstances are so painful atm.
On the whole, however, we were calm and collected - tried to be reasonable and friendly. The panel seemed reasonable people and listened to our appeal. We had more time than we were allocated and the process was managed in a clear and professional manner.
But ....what I found really frustrating was that the panel didn't question the HM (I think he had only one question) and that the HM brought all sorts of emotional arguments in without question...agghhhh. They also asked us questions which I couldn't see the relevance of.
If it was a judical process I would have expected the panel to apply equal rigour to both parties - in this case I felt the HM was given a lot of leaway.
I just went out with the feeling that we gave it our best shot - put some clear arguments together and that the School's case was very weak, HOWEVER, I also felt the panel wouldn't judge in our favour.
I know that its dangerous to prejudge the result, but, when we went to the car after the meeting we talked about what if we don't win. We discussed the possibility of the ombudsman - but my DW thinks that if we go for that my other DS who is already in the school will be singled out.
Anyway we will hear by early next week - either way.
PJ - Well done for getting through what is a very daunting process!
I, like you, felt that the fairness wasn't equal. When the LA were asked how the school had managed with 6 over PAN in recent years the woman said 'it is just a disaster' and her answer was accepted. I on the other hand was asked to explain how I could tell my DS had been affected by some very upsetting news, and have had to evidence every claim I have made. Would be great if I had got away with saying it was a disaster and got away with it!!!
During another hearing (us parents do talk!!!) the LA were asked if there was any evidence the students were prejudiced in their education and how the school had managed, to which the LA said they were able to cope..... Same school, same LA representative!
I feel better now
Good luck, the waiting is excruciating!!!
I, like you, felt that the fairness wasn't equal. When the LA were asked how the school had managed with 6 over PAN in recent years the woman said 'it is just a disaster' and her answer was accepted. I on the other hand was asked to explain how I could tell my DS had been affected by some very upsetting news, and have had to evidence every claim I have made. Would be great if I had got away with saying it was a disaster and got away with it!!!
During another hearing (us parents do talk!!!) the LA were asked if there was any evidence the students were prejudiced in their education and how the school had managed, to which the LA said they were able to cope..... Same school, same LA representative!
I feel better now
Good luck, the waiting is excruciating!!!
Normal reaction - sometimes happens. We're not looking at the parents reactions, honest!PJ wrote:My wife was almost in tears during part of the appeal - and I felt myself welling up. It's really wierd -
No, children are not singled out - neither siblings, nor children who get in by appeal - in fact, I'd be surprised if teachers even know who had appealled.I know that its dangerous to prejudge the result, but, when we went to the car after the meeting we talked about what if we don't win. We discussed the possibility of the ombudsman - but my DW thinks that if we go for that my other DS who is already in the school will be singled out.
Good luck
Capers
What Next?
Our appeal has been dismissed.
What next?
Any advice would be welcome.
What next?
Any advice would be welcome.
T12ACY - thank you for your kind thoughts.
At the moment I am just so shocked that they upheld the School's case for prejudice.
The School didn't introduce any evidence - just assertions which were disproved in the panel meeting. How can a panel confirm the school's position when they don't provide any evidence and actually confirm that they have taken extra chidren over PAN without any prejudice to their education.
I feel that I have taken part in a charade - where the outcome was prejudged before I went into the meeting. It just seems a parody of natural justice.
At the moment I am just so shocked that they upheld the School's case for prejudice.
The School didn't introduce any evidence - just assertions which were disproved in the panel meeting. How can a panel confirm the school's position when they don't provide any evidence and actually confirm that they have taken extra chidren over PAN without any prejudice to their education.
I feel that I have taken part in a charade - where the outcome was prejudged before I went into the meeting. It just seems a parody of natural justice.
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panicattack!
- Posts: 194
- Joined: Wed Jun 24, 2009 11:30 pm
Oh pj I am so sorry to read your latest message. What a very distressing and depressing time you have had. I cannot offer any advice apart from to maybe go to the Ombudsman but as I am sure you realise that will be another very stressful and emotional time again. Good luck with whatever you do, it seems as if there really has been a bit mess up here! Lol XX
