Failed appeal, what to do next?
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MostHappyDad
- Posts: 14
- Joined: Sun May 30, 2010 1:32 am
Re: Failed appeal, what to do next?
Etienne
How do I post via the appeals box? Is this the same as a private message?
I have both letters but they are long & would take an age to type out. Could I fax them or scan them & email them to you?
Please PM me.
Thanks
How do I post via the appeals box? Is this the same as a private message?
I have both letters but they are long & would take an age to type out. Could I fax them or scan them & email them to you?
Please PM me.
Thanks
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hermanmunster
- Posts: 12902
- Joined: Fri Sep 15, 2006 9:51 am
- Location: The Seaside
Re: Failed appeal, what to do next?
Hi - the appeals box is via e-mail.
Re: Failed appeal, what to do next?
Dear verysaddad
Sorry but the attachments haven't come through properly. Could you try re-scanning and perhaps try a higher resolution?
Page 1 seems to be blank.
Pages 2 and 3 - there is some very small print, but, when zooming in, it becomes blocky and unreadable.
Sorry but the attachments haven't come through properly. Could you try re-scanning and perhaps try a higher resolution?
Page 1 seems to be blank.
Pages 2 and 3 - there is some very small print, but, when zooming in, it becomes blocky and unreadable.
Etienne
Re: Failed appeal, what to do next?
Thanks for re-sending the decision letters, verysaddad. I think you gave the main points relating to your case earlier in the thread, so I hope that in my response below I am not revealing more information than you would wish. (If I am, please let me know urgently, either here or via the Appeals Box.)
The Code of Practice states:
- I am left wondering whether or not they accept that your child is of grammar school standard.
They conclude by saying "However, with due regard to the capacity at the school it was felt that these were not sufficiently strong for them to make an exception in this case ......... the aggregate score in the PESE assessments was not strong enough compared with the other appellants."
- The first part of this statement suggests that your case was not strong enough to outweigh the prejudice to the school - but in the second part they refer to the aggregate score (still not indicating what view they take of it in the light of your evidence), and go on to make a comparison with other appellants' cases. I would have thought cases should first be considered on their own merits, and a comparison should only be made when the panel is contemplating allowing more appeals than it feels the school could cope with. According to the Code:
The second decision letter makes little if any mention of your extenuating circumstances and academic evidence, so again, I'm not clear whether or not they accept that your child is of grammar school standard. They also make a comparison with other appellants' cases, rather than considering your case on its own merits: "The Panel considered that others had a greater claim to a place based on pastoral or medical need and/or academic aptitude."
Decision letters must be clearly set out.
The Code of Practice states:
There are a number of options open to you. You could put these points in writing to the clerks and invite their response. You could also try to get further information by requesting a copy of the clerk's notes, stating that you are making this request under the Data Protection Act, and, if they do not wish to comply, could they please inform you exactly which section of the Act is being used as a basis for exemption.
Alternatively you could see what the ombudsman thinks.
If you decide to proceed with the ombudsman, there are two ways of
doing so. First of all, there is an online form here:
http://www.lgo.org.uk/forms/ShowForm.asp?fm_fid=62" onclick="window.open(this.href);return false;
Unfortunately you can't get past page 1 without filling it in, but the usual
format used to be approximately as follows:
Complaint form (the comments in blue are mine)
The second method is to ring the ombudsman's advice line and ask for
advice. Be warned, though, that unless your complaint is obviously
groundless, they tend to 'sign you up' on the spot and start taking
down all the details. It's best in this situation to be fully
prepared (although they will send a copy of what they've recorded for
you to check).
It's only fair to point out that people sometimes come across comments in the clerk's notes that can be distressing, and that going to the ombudsman can be a very lengthy and stressful process.
Hope this helps.
The Code of Practice states:
The first panel took into account the extenuating circumstances and academic evidence, but does not go so far as to say what view it took of them: "In reaching its decision the Panel considered very carefully your reasons for requesting a place at the school including the very stressful family circumstances ..... previous CAT's scores were good ...."3.37 In determining to uphold an appeal, the panel must be satisfied that there is evidence to demonstrate that the child is of grammar school ability and, where applicable, that the appellant’s arguments outweigh the admission authority’s case that admission of additional children would cause prejudice.
- I am left wondering whether or not they accept that your child is of grammar school standard.
They conclude by saying "However, with due regard to the capacity at the school it was felt that these were not sufficiently strong for them to make an exception in this case ......... the aggregate score in the PESE assessments was not strong enough compared with the other appellants."
- The first part of this statement suggests that your case was not strong enough to outweigh the prejudice to the school - but in the second part they refer to the aggregate score (still not indicating what view they take of it in the light of your evidence), and go on to make a comparison with other appellants' cases. I would have thought cases should first be considered on their own merits, and a comparison should only be made when the panel is contemplating allowing more appeals than it feels the school could cope with. According to the Code:
- I'm not at all clear what your panel were deciding at this point!3.11 b) i. If the panel decides that admission of additional children could result in prejudice, it must consider, for each individual case, whether the appellant’s grounds for admission to the school outweigh such prejudice. This involves no comparison between individual cases.
3.11.b) ii. If there are several cases which outweigh the prejudice to the school and merit admission, but the panel determines that the school could not cope with that number of successful appeals, the panel must then compare all cases and decide which of them to uphold.
The second decision letter makes little if any mention of your extenuating circumstances and academic evidence, so again, I'm not clear whether or not they accept that your child is of grammar school standard. They also make a comparison with other appellants' cases, rather than considering your case on its own merits: "The Panel considered that others had a greater claim to a place based on pastoral or medical need and/or academic aptitude."
Decision letters must be clearly set out.
The Code of Practice states:
I'm not yet sure whether there has been an injustice, but for the present I'm not entirely convinced that these letters fulfil the requirements of the Code.2.37 The panel must ensure that the letter is expressed clearly without the use of jargon, to enable parties to:
a) see what matters were taken into consideration;
b) understand what view the panel took on questions of fact or law which the panel had to resolve; and
c) know broadly on what basis the appeal panel reached its decision and, in the case of the unsuccessful party, enable them to understand why they did not succeed.
2.38 The panel chair must ensure that the letter:
.....
b) contains a summary of relevant factors that were raised by the appellant and considered by the panel .....
.......
d) gives clear and detailed reasons for the panel's decision, addressing the key questions that the panel considered.
There are a number of options open to you. You could put these points in writing to the clerks and invite their response. You could also try to get further information by requesting a copy of the clerk's notes, stating that you are making this request under the Data Protection Act, and, if they do not wish to comply, could they please inform you exactly which section of the Act is being used as a basis for exemption.
Alternatively you could see what the ombudsman thinks.
If you decide to proceed with the ombudsman, there are two ways of
doing so. First of all, there is an online form here:
http://www.lgo.org.uk/forms/ShowForm.asp?fm_fid=62" onclick="window.open(this.href);return false;
Unfortunately you can't get past page 1 without filling it in, but the usual
format used to be approximately as follows:
Complaint form (the comments in blue are mine)
1 Mr/Ms/Mrs/Miss or Other: (please insert)
First name:
Surname:
2 Your address:
Postcode:
email address:
3 Daytime contact phone number:
Note: Please put in the telephone number where we can contact you
between 9am and 5pm. Tell us if it is your home or work, or the number
of a neighbour or friend. If you do not have a daytime contact number,
please put down a number with an answerphone where we can leave a
message during the day. If you do not have any of these, please leave
this section blank.
4 Your special requirements: If anything makes it difficult for you to
use our service, for example if English is not your first language or
you have a disability, please use the space below to tell us how we
might help you.
5 Which council or authority are you complaining about?
Note: Please write the name of the organisation you want to complain
about. It may not be a council.
6 Have you complained to the council or authority?
Note: In most cases, before we can investigate a complaint, the
council must have a chance to answer it. If you have not complained to
the council, please do so. You can find out how to complain from the
council's offices or you can ask a councillor to help. If you are not
satisfied with the answer, or if the council does not give you an
answer within a reasonable time, you can complain to the Ombudsman for
your area. In some urgent cases, including education admission
appeals, we may be able to deal with your complaint straight away.
(The ombudsman will automatically accept complaints about school
admission appeals, so it's not necessary to complain to the school
first.)
7 If you know, please say when you complained to the council or authority. (n/a)
8 What do you think the council or authority did wrong?
(this is where you state in full the grounds for your complaint, taking up as much space as needed)
9 What remedy are you seeking?
(a re-hearing in front of a different panel and clerk)
The second method is to ring the ombudsman's advice line and ask for
advice. Be warned, though, that unless your complaint is obviously
groundless, they tend to 'sign you up' on the spot and start taking
down all the details. It's best in this situation to be fully
prepared (although they will send a copy of what they've recorded for
you to check).
It's only fair to point out that people sometimes come across comments in the clerk's notes that can be distressing, and that going to the ombudsman can be a very lengthy and stressful process.
Hope this helps.
Etienne
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MostHappyDad
- Posts: 14
- Joined: Sun May 30, 2010 1:32 am
Re: Failed appeal, what to do next?
Many thanks for the swift reply Etienne, I really appreciate it.
The point you make about my child not being grammar school material (in their opinion) worries me a little. For my wife & I with all the previous work, CAT's scores, assessments & just our own opinions of our DD, we feel that she is good enough (otherwise we would not be wasting everyone's time including our own & yours).
My argument from the beginning is pretty much this:
Can it be said categorically that the family circumstances had absolutely no affect (none whatsoever) on performance when she took the Maths exam? If so then the panel is right to refuse the appeal, but on the other hand if it is reasonable to accept that it did have some bearing (however small or great), then by going on past history of Maths performances (which were always very good) & also on the KS2 maths test she did in January 2010 (which was also very good) is it unfair and unjust to not let her take her place at grammar school where we feel she belongs?. Were it not for the 5 points below the minimum allowed in any one paper - she would have passed , she still had a good score of 392 out of a total of 420 (and as I have said before - this is 32 points above the 360 pass mark).
I think one point that left them uneasy was the fact that she scored 140 on the two English papers on the Tuesday and the next day scored badly in the Maths. I am not a child psychologist so my explanation went on deaf ears (in my humble opinion) but what I do know is that grief comes out at irregular times & I am still raw from the family events some 10 months later. I still find it hard to talk about it and try not to think about it which is probably not the best thing to do. What I am trying to say is that from my own experiences I know for sure that it still bothers me in my everyday life (& always will) so it must have a similar effect upon my child.
All cases are different & maybe in such circumstances it would be wiser for the appeal panel to consult a specialist (I mean they know in advance what the details of your case are so they have the opportunity to do so). I did include a letter from our family GP who stated that the stress & grief had played a part in her performance on the day but once again, this seemed to have been overlooked by both panels.
Am I right in saying that family deaths and illness are taken into account when marking university exams & if so then why not in this case with the eleven plus?
I totally agree with your points about comparing our case with more "deserving" ones.
This is a bit like rubbing it in your face how weak and poor your own case and circumstances are. It cannot be right- surely? They refuse your appeal but then do not go on to really explain why except to hide behind all the regular jargon about prejudice/PAN/aggregate scores etc. I can understand theirs is not an easy job but all the same, I'm sure they can do a little better than that.
As for space and prejudice issues, all appeals must surely be over the recommended intake figures and as someone has said before, what evidence do they have that one more child will unbalance and "prejudice" the other students?
I will request the clerks notes from both Panels and follow your advice regarding the Ombudsman. I will also send via the appeals box, the notes when I receive them (if that would help) Please let me know what you think about the points above as I greatly value you help and opinion.
Many thanks once again
The point you make about my child not being grammar school material (in their opinion) worries me a little. For my wife & I with all the previous work, CAT's scores, assessments & just our own opinions of our DD, we feel that she is good enough (otherwise we would not be wasting everyone's time including our own & yours).
My argument from the beginning is pretty much this:
Can it be said categorically that the family circumstances had absolutely no affect (none whatsoever) on performance when she took the Maths exam? If so then the panel is right to refuse the appeal, but on the other hand if it is reasonable to accept that it did have some bearing (however small or great), then by going on past history of Maths performances (which were always very good) & also on the KS2 maths test she did in January 2010 (which was also very good) is it unfair and unjust to not let her take her place at grammar school where we feel she belongs?. Were it not for the 5 points below the minimum allowed in any one paper - she would have passed , she still had a good score of 392 out of a total of 420 (and as I have said before - this is 32 points above the 360 pass mark).
I think one point that left them uneasy was the fact that she scored 140 on the two English papers on the Tuesday and the next day scored badly in the Maths. I am not a child psychologist so my explanation went on deaf ears (in my humble opinion) but what I do know is that grief comes out at irregular times & I am still raw from the family events some 10 months later. I still find it hard to talk about it and try not to think about it which is probably not the best thing to do. What I am trying to say is that from my own experiences I know for sure that it still bothers me in my everyday life (& always will) so it must have a similar effect upon my child.
All cases are different & maybe in such circumstances it would be wiser for the appeal panel to consult a specialist (I mean they know in advance what the details of your case are so they have the opportunity to do so). I did include a letter from our family GP who stated that the stress & grief had played a part in her performance on the day but once again, this seemed to have been overlooked by both panels.
Am I right in saying that family deaths and illness are taken into account when marking university exams & if so then why not in this case with the eleven plus?
I totally agree with your points about comparing our case with more "deserving" ones.
This is a bit like rubbing it in your face how weak and poor your own case and circumstances are. It cannot be right- surely? They refuse your appeal but then do not go on to really explain why except to hide behind all the regular jargon about prejudice/PAN/aggregate scores etc. I can understand theirs is not an easy job but all the same, I'm sure they can do a little better than that.
As for space and prejudice issues, all appeals must surely be over the recommended intake figures and as someone has said before, what evidence do they have that one more child will unbalance and "prejudice" the other students?
I will request the clerks notes from both Panels and follow your advice regarding the Ombudsman. I will also send via the appeals box, the notes when I receive them (if that would help) Please let me know what you think about the points above as I greatly value you help and opinion.
Many thanks once again
Re: Failed appeal, what to do next?
Hi, verysaddad
Certain exams do qualify for extra marks as a result of family deaths and illness, which is a different way of doing things. It's a much blunter and more limited system than appeals, but I fully accept that it would probably have worked in a case such as yours.
I'm afraid an appeal panel is not allowed to make its own enquiries or to consult a specialist. Their role is to study the papers in advance (they get them about a week beforehand), to come in for the hearing, to consider the case and all the evidence presented to them, and to take a decision. The only advice open to them is legal advice about the conduct of the hearing.
I cannot begin to tell you how much I sympathise with everything you've been through, to which has been added all the stress and strain of two separate appeals. The case you took to appeal sounds a strong one to me, but I must add a warning that the ombudsman cannot - by law - consider the merits of your case or query the panel's judgement or change the system. The only issue the ombudsman can consider is whether the panel failed to follow the correct procedures, and whether this failing was so serious as to cause an injustice.
I'd be happy to look at the clerk's notes if you can get them, as they sometimes give clues as to whether everything has been done correctly. Authorities are entitled to charge up to £10 for making the notes available, and some will try to refuse requests for the notes. Provided that your request is in writing, and that you state it is being made under the Data Protection Act, they will probably have to give way in the end. Let me know if you have any problems with this, or if I can be of any other help.
Certain exams do qualify for extra marks as a result of family deaths and illness, which is a different way of doing things. It's a much blunter and more limited system than appeals, but I fully accept that it would probably have worked in a case such as yours.
I'm afraid an appeal panel is not allowed to make its own enquiries or to consult a specialist. Their role is to study the papers in advance (they get them about a week beforehand), to come in for the hearing, to consider the case and all the evidence presented to them, and to take a decision. The only advice open to them is legal advice about the conduct of the hearing.
I cannot begin to tell you how much I sympathise with everything you've been through, to which has been added all the stress and strain of two separate appeals. The case you took to appeal sounds a strong one to me, but I must add a warning that the ombudsman cannot - by law - consider the merits of your case or query the panel's judgement or change the system. The only issue the ombudsman can consider is whether the panel failed to follow the correct procedures, and whether this failing was so serious as to cause an injustice.
I'd be happy to look at the clerk's notes if you can get them, as they sometimes give clues as to whether everything has been done correctly. Authorities are entitled to charge up to £10 for making the notes available, and some will try to refuse requests for the notes. Provided that your request is in writing, and that you state it is being made under the Data Protection Act, they will probably have to give way in the end. Let me know if you have any problems with this, or if I can be of any other help.
Etienne
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hermanmunster
- Posts: 12902
- Joined: Fri Sep 15, 2006 9:51 am
- Location: The Seaside
Re: Failed appeal, what to do next?
Difficult re these letters, I am afraid as GPs we do write an awful lot of them - I did 2 last week in a very very small practice (not for 11 plus this time ). As there are so many I am really not sure how much notice is taken either at University or elsewhere.verysaddad wrote:
I did include a letter from our family GP who stated that the stress & grief had played a part in performance on the day but once again, this seemed to have been overlooked by both panels.
Am I right in saying that family deaths and illness are taken into account when marking university exams & if so then why not in this case with the eleven plus?
- TBH I am not sure what the best way of demonstrating the effect of stress / grief / illness actually is - obviously some people end up with prolonged counselling and that can give a clear picture, but generally for a GP it is only possible to report what other people tell you about how the individual has been affected.
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MostHappyDad
- Posts: 14
- Joined: Sun May 30, 2010 1:32 am
Re: Failed appeal, what to do next?
Hi Etienne
Thanks for the reply.
As I have said before, I will not give up just yet but I just wanted to get a couple of things straight,
What am I to gain by going back to the Clerks of either appeals to question/complain about their reply letters? Do they have the power to offer another appeal or is this just to really find out what was going on in the appeal?
As time is short, am I not better off using your advice from the post above about how to contact & fill in the Ombudsman's form or should I wait for the Clerk's notes so that I can let you know their contents before I contact the Ombudsman?
I really do not want to get this wrong because this is my last chance but on the other hand, I need to move quickly here as time is running out.
I need you helpful advice again please.....
One other thing to mention is that now that I have had a chance to review again my appeals, I seem to be coming to the conclusion that (and I may be wrong here but here goes...) the Panel had made it's decision long before I walked into the room. Having had a good look back into everything I supplied, the evidence supporting my DD was very strong & the feeling I have now is that they did not give too much notice to it. In both appeals I had the panel members agreeing & nodding their heads an awful lot but from the refusal letters it would appear they were only going through the motions. I could go into much more detail here but I would like to keep some of the info private at this stage.
Hermamunster
Thanks for the reply
I know exactly what you mean about GPs letters but in my case, I had to explain all my DD's evidence in great detail before my GP would write it but she went on to say that it was a genuine, worthy case and she did not write these sorts of letters unless she was totally convinced
Thanks again
All the best
Thanks for the reply.
As I have said before, I will not give up just yet but I just wanted to get a couple of things straight,
What am I to gain by going back to the Clerks of either appeals to question/complain about their reply letters? Do they have the power to offer another appeal or is this just to really find out what was going on in the appeal?
As time is short, am I not better off using your advice from the post above about how to contact & fill in the Ombudsman's form or should I wait for the Clerk's notes so that I can let you know their contents before I contact the Ombudsman?
I really do not want to get this wrong because this is my last chance but on the other hand, I need to move quickly here as time is running out.
I need you helpful advice again please.....
One other thing to mention is that now that I have had a chance to review again my appeals, I seem to be coming to the conclusion that (and I may be wrong here but here goes...) the Panel had made it's decision long before I walked into the room. Having had a good look back into everything I supplied, the evidence supporting my DD was very strong & the feeling I have now is that they did not give too much notice to it. In both appeals I had the panel members agreeing & nodding their heads an awful lot but from the refusal letters it would appear they were only going through the motions. I could go into much more detail here but I would like to keep some of the info private at this stage.
Hermamunster
Thanks for the reply
I know exactly what you mean about GPs letters but in my case, I had to explain all my DD's evidence in great detail before my GP would write it but she went on to say that it was a genuine, worthy case and she did not write these sorts of letters unless she was totally convinced
Thanks again
All the best
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Looking for help
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- Location: Berkshire
Re: Failed appeal, what to do next?
Dear versaddad,
I am so sorry about your story and can't really offer much to help. I too felt our panel had made the decision long before we entered the room based on probably the score achieved and probably less to do with the evidence given in mitigation. I would suggest that you request the clerk's notes because you may find that there is absolutely nothing in them at all, in which case it is the start of something you can use to try to point to procedural error. We got sort of part of the way with the ombudsman, who eventually after many months decided that while there were errors in our panel's approach to the appeal , they were not so great as to cause injustice. If the clerk's notes do not refer to any evidence and they try to stall you in getting access to them as they did with us, this is again something you can relate to the ombudsman. If there were say 20 places available at appeal, and they gave them out in kind of score order, again this suggests that the panel were not listening to the evidence, and again this may be something the ombudsman might look at. I have to say that if a case deserved a positive outcome, it is definitely yours, and it is worrying if a panel do not look at the evidence presented to them, you do wonder if the LEA or whoever is in charge of the school is merely paying lipservice to the appeals process.
As I said, we did go to the ombudsman and did not get the answer we were hoping for, but you lose absolutely nothing by attempting to rectify the wrong. It may happen for you that you get another appeal, it may not, but at least then you have definitely done everything you can for your child.
Good luck
LFH
I am so sorry about your story and can't really offer much to help. I too felt our panel had made the decision long before we entered the room based on probably the score achieved and probably less to do with the evidence given in mitigation. I would suggest that you request the clerk's notes because you may find that there is absolutely nothing in them at all, in which case it is the start of something you can use to try to point to procedural error. We got sort of part of the way with the ombudsman, who eventually after many months decided that while there were errors in our panel's approach to the appeal , they were not so great as to cause injustice. If the clerk's notes do not refer to any evidence and they try to stall you in getting access to them as they did with us, this is again something you can relate to the ombudsman. If there were say 20 places available at appeal, and they gave them out in kind of score order, again this suggests that the panel were not listening to the evidence, and again this may be something the ombudsman might look at. I have to say that if a case deserved a positive outcome, it is definitely yours, and it is worrying if a panel do not look at the evidence presented to them, you do wonder if the LEA or whoever is in charge of the school is merely paying lipservice to the appeals process.
As I said, we did go to the ombudsman and did not get the answer we were hoping for, but you lose absolutely nothing by attempting to rectify the wrong. It may happen for you that you get another appeal, it may not, but at least then you have definitely done everything you can for your child.
Good luck
LFH
Re: Failed appeal, what to do next?
They do have the power to offer a re-hearing if they find that something (sufficiently serious) has been done incorrectly, but it's more likely that you will just find out more information about what went on.verysaddad wrote: What am I to gain by going back to the Clerks of either appeals to question/complain about their reply letters? Do they have the power to offer another appeal or is this just to really find out what was going on in the appeal?
At a very rough guess it could take 1-3 weeks for for them to respond to your concerns. Possibly the same amount of time to get the clerk's notes (assuming they don't try to resist).
The ombudsman might forward to you a copy of the clerk's notes anyway.
The ombudsman process is much slower. We could be talking about possibly several months.As time is short, am I not better off using your advice from the post above about how to contact & fill in the Ombudsman's form or should I wait for the Clerk's notes so that I can let you know their contents before I contact the Ombudsman?
There's no easy answer. The problem at the moment is that the decision letter doesn't appear to me to be satisfactory, but - from a purely legal point of view - on the information so far available it's difficult to work out whether there may have been what the ombudsman would regard as an injustice.
On balance I think I would suggest you go ahead with the ombudsman.
• Best not to complain simultaneously to the clerks, as this could cause confusion.
• The ombudsman will contact the relevant admission authorities.
• You could still request the clerk's notes, or you could wait and see if the ombudsman will provide them.
If you're going to do this online, you'll need to complete two separate forms.
I'd advise you strongly for the moment to focus on the issues I've identified. (If they accept your complaint, it doesn't stop you raising other matters while the investigation is in process).
These are the points I would raise:
First appeal
The Code of Practice states:
- The panel appear to have taken into account the extenuating circumstances and academic evidence, but the decision letter does not go so far as to say what view it took of them: "In reaching its decision the Panel considered very carefully your reasons for requesting a place at the school including the very stressful family circumstances ..... previous CAT's scores were good ...."- I am left wondering whether or not they accept that my child is of grammar school standard.3.37 In determining to uphold an appeal, the panel must be satisfied that there is evidence to demonstrate that the child is of grammar school ability and, where applicable, that the appellant’s arguments outweigh the admission authority’s case that admission of additional children would cause prejudice.
They conclude by saying "However, with due regard to the capacity at the school it was felt that these were not sufficiently strong for them to make an exception in this case ......... the aggregate score in the PESE assessments was not strong enough compared with the other appellants."
- The first part of this statement suggests that my case was not strong enough to outweigh the prejudice to the school - but in the second part they refer to the aggregate score (still not indicating what view they take of it in the light of my evidence), and go on to make a comparison with other appellants' cases. I would have thought cases should first be considered on their own merits, and a comparison should only be made when the panel is contemplating allowing more appeals than it feels the school could cope with. According to the Code:
- I'm not at all clear what the panel were deciding at this point!3.11 b) i. If the panel decides that admission of additional children could result in prejudice, it must consider, for each individual case, whether the appellant’s grounds for admission to the school outweigh such prejudice. This involves no comparison between individual cases.
3.11.b) ii. If there are several cases which outweigh the prejudice to the school and merit admission, but the panel determines that the school could not cope with that number of successful appeals, the panel must then compare all cases and decide which of them to uphold.
Decision letters are required to be clear.
The Code of Practice states:
- On the information available to me I am not persuaded that my case received proper consideration, and I should be grateful if the above points could be investigated. I hope that the clerk's notes may shed further light on the proceedings, and there may be other points that I would like to raise.2.37 The panel must ensure that the letter is expressed clearly without the use of jargon, to enable parties to:
a) see what matters were taken into consideration;
b) understand what view the panel took on questions of fact or law which the panel had to resolve; and
c) know broadly on what basis the appeal panel reached its decision and, in the case of the unsuccessful party, enable them to understand why they did not succeed.
2.38 The panel chair must ensure that the letter:
.....
b) contains a summary of relevant factors that were raised by the appellant and considered by the panel .....
.......
d) gives clear and detailed reasons for the panel's decision, addressing the key questions that the panel considered.
Second appeal
The Code of Practice states:
- The decision letter makes little if any mention of extenuating circumstances and academic evidence, which were an absolutely key part of my case, so I'm not clear whether or not they accept that my child is of grammar school standard. They also make a comparison with other appellants' cases, rather than considering my case on its own merits: "The Panel considered that others had a greater claim to a place based on pastoral or medical need and/or academic aptitude." Looking at the Code of Practice, I would have thought cases should first be considered on their own merits, and a comparison should only be made when the panel is contemplating allowing more appeals than it feels the school could cope with.3.37 In determining to uphold an appeal, the panel must be satisfied that there is evidence to demonstrate that the child is of grammar school ability and, where applicable, that the appellant’s arguments outweigh the admission authority’s case that admission of additional children would cause prejudice.
Decision letters are required to be clear.
The Code of Practice states:
- On the limited information available to me I am not persuaded that my case received proper consideration, and I should be grateful if the above points could be investigated. I hope that the clerk's notes may shed further light on the proceedings, and there may be other points that I would like to raise.2.37 The panel must ensure that the letter is expressed clearly without the use of jargon, to enable parties to:
a) see what matters were taken into consideration;
b) understand what view the panel took on questions of fact or law which the panel had to resolve; and
c) know broadly on what basis the appeal panel reached its decision and, in the case of the unsuccessful party, enable them to understand why they did not succeed.
2.38 The panel chair must ensure that the letter:
.....
b) contains a summary of relevant factors that were raised by the appellant and considered by the panel .....
.......
d) gives clear and detailed reasons for the panel's decision, addressing the key questions that the panel considered.
There's little doubt that some panels are much tougher than others, but I've never known a panel to make up its mind before the hearing. Indeed, if they are doing multiple appeals for the same year group, they cannot by law take any decisions until they've finished hearing them all - in case they have to compare cases.One other thing to mention is that now that I have had a chance to review again my appeals, I seem to be coming to the conclusion that (and I may be wrong here but here goes...) the Panel had made it's decision long before I walked into the room.
It's quite possible that they did accept what you said. It's not entirely clear, but, as I said earlier, it could be that in the end they were minded to allow more appeals than they felt the school could cope with. If this was the situation, they would have been obliged to put cases in order of merit, and allow the strongest ones through up to the point at which they decided the prejudice to the school had become too great.Having had a good look back into everything I supplied, the evidence supporting my DD was very strong & the feeling I have now is that they did not give too much notice to it. In both appeals I had the panel members agreeing & nodding their heads an awful lot but from the refusal letters it would appear they were only going through the motions.
Etienne
