Welcome, mjb77. You're in the right place - we try and help with all school admission appeals here.
When I pointed out the mistake and referred to 2.7 of the appeal code the LA said that these rules did not apply as the mistake had been made by them and not the school which was the admission authority.
Para. 2.7 refers to an error made in applying the admission arrangements. What is clear is that it's the school (as the admission authority) that has to deal with the resulting problem. The issue for them is "Would a place have been offered if the mistake had not been made?" I'm afraid it's far from easy to get a place under the 'exceptional medical/social needs' criterion (a) because the need has to be exceptional, and (b) because the school you want has to be more or less the only school that can cope with the problem.
I had kept a stamped dated copy
Well done! If only everyone was as careful!
The school have been anything but forthcoming with providing the information I have asked for to help prepare our case (the appeal date is on June 30th) and in a recent email advised me that they didn't have to provide any information and it was up to us to find supporting data independantly.
As far as I can see, the school do have to respond to questions about how they handled the application, but supporting data (if that means your child's medical needs) is certainly a matter for you.
this is the first we have seen of the report. Also it hasn't been included in the schools case which I would imagine it should have been?
Yes, I would have thought so.
Finally we feel the information presented to the panel was not accurate and therefore we consider their decision to be flawed.
This is something you can explain to the appeal panel.
The appeal panel will look at two issues:
(1) whether there was an error in the handling of the application, and your child would have got a place had the error not been made. (There seems to be no problem with the first part (establishing that an error was made), but the second part (that your child would have been offered a place) won't be easy for the reasons I gave above - (a) the need has to be exceptional, and (b) the school has to be more or less the only school that can cope with the problem.)
(2) whether your child's need for a place at the school outweighs any prejudice to the school if they have to exceed their admission number. (This is actually an easier test than the 'exceptional medical/social criterion'.) Don't worry about 'prejudice' (the school's case) - just focus on why a place at the school would mean so much to you and your daughter.