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PostPosted: Tue Jun 29, 2010 1:50 pm 
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Location: Kent
Is there an actual set format of what the LA will produce as evidence to support their own case? I only have a front sheet, which incorrectly states the school is full, and the specific school defending statement. This is what I call a regular school, not foundation but can't remember what it is referred to as.....

Having had an appeal with the same LA I am surprised that there is nothing to support their own case other than the school statement regarding over subscription (which this isn't!)

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PostPosted: Tue Jun 29, 2010 2:01 pm 
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I`m assuming its the same LA as ours was and ours didn`t say much at all. Standard statement was read out about prejudice to the school and the school`s PAN and that was pretty much it.....lots of `cannot comments" when the panel and I asked questions.

Have you got a date?


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PostPosted: Tue Jun 29, 2010 2:15 pm 
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Yes but not for a couple of weeks.

Was just surprised at the lack of LA defence in the paper submission. They haven't included the drafts of KT results or allocation of school for example, and no Head Teacher Assessement Referral document this time?!!!

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PostPosted: Tue Jun 29, 2010 2:34 pm 
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Do you think the HT assessment document isn`t there as this is an appeal arranged later? I would submit a copy, and a copy of anything you think relevant from the previous appeal.

In ours, there was a short statement from the LEA, one from the school saying the same, a copy of the HT appeal, the supporting letter from the HT and our letter. The paperwork was pretty much the same for all three appeals we submitted.

Has it come from Maidstone or from the school?


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PostPosted: Tue Jun 29, 2010 2:45 pm 
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From the LA. Have PM'd you x

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PostPosted: Tue Jun 29, 2010 3:05 pm 
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Have PM`d you back :)


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PostPosted: Tue Jun 29, 2010 4:41 pm 
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The format might vary for own-admission authority schools, but one would have thought it would tend to be the same for LA schools in the same area.

The actual requirements are set out in the Code:
Quote:
The admission authority must supply ........ :
a) a written statement summarising how places at the school were allocated (without disclosing personal details of applicants which would enable identification of individuals) and how the admission arrangements for the school apply to the appellants’ application, accompanied by any relevant background information and documents on which they placed substantial reliance (such as the appellants’ application form or references from religious ministers). Where distance criteria have been used to allocate places, admission authorities must demonstrate how this was applied to the appellants’ application compared to those offered a place;

b) a written statement summarising the reasons for the decision (and attaching a copy of the decision letter), explaining how admission of an additional child would cause prejudice to the provision of efficient education or use of resources, making it clear whether or not the admission authority is defending its decision on the basis of infant class size legislation. The admission authority must include a summary of the school’s net capacity and could also include a map/plan of the school if this would be helpful. Admission authorities’ statements referring to accommodation, class sizes, capacity etc, must be supported by factual information, as panel members cannot undergo ‘tours’ of schools to make their own assessments, as it could call into question their independence and lead to allegations of lobbying;

c) the relevant extract of the area’s coordinated admissions scheme where this is relevant to the appeal (e.g. a parent or child appealing for a place at a school they ranked lower on their common application form than the one offered under the scheme) and, in the case of a voluntary aided or foundation school or an Academy, a statement from the local authority explaining how the scheme was applied;

d) details of how the locally agreed Fair Access Protocol operates, where relevant .......; and

e) copies of any information or documents that will be supplied to the panel at the hearing, including any documents that have been submitted by appellants.


Quote:
The appeal panel must ensure that the papers that have been issued to the parties are complete and comprehensive; it is for the panel only to consider what material may be relevant and what weight to give it.


Quote:
[The panel must consider the following issues .....] Whether or not there would be prejudice caused by the additional admission of the child. Where this is the case, the admission authority must be able to demonstrate this over and above the fact that the published admission number has already been reached. The panel must consider a number of factors in reaching a decision as to whether or not there would be prejudice. This may include considering, in light of current school organisation and structure, what effect an additional admission would have on later year groups (i.e. 'future prejudice') or, if the application was for a year group other than the normal year of entry, whether any changes have been made to the school’s physical accommodation or organisation since an admission number was originally set for that year group. The panel can decide what weight to give the arguments presented.

Quote:
The admission authority concerned may submit, as part of its evidence to the panel, that the child in question has been allocated a place at an alternative school. This may be of particular relevance where the question of distance between home and school is being discussed. Equally, it is open to the appellant to state any reasons why an alternative school would be less suitable. With coordinated admissions schemes, this may be appropriate where an appellant is appealing against refusal of admission to one preferred school, but has either been offered a place at another preferred school or, if none of their preferences could be met, has been allocated a place at an alternative school. However, how an appellant has ranked their preferences on the common application form (e.g. if they are appealing for a lower ranked preference school than the one they have been offered) need not be a factor in the panel’s consideration unless this is directly relevant to the grounds for appeal.

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PostPosted: Tue Jun 29, 2010 4:50 pm 
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Now I am in a quandry.... They have not included all the items the code states they must. What do I do? Ask the LA if this will follow or leave it to the panel to request this? In particular this is not provided:

The admission authority must supply ........ :
a) a written statement summarising how places at the school were allocated (without disclosing personal details of applicants which would enable identification of individuals) and how the admission arrangements for the school apply to the appellants’ application, accompanied by any relevant background information and documents on which they placed substantial reliance (such as the appellants’ application form or references from religious ministers). Where distance criteria have been used to allocate places, admission authorities must demonstrate how this was applied to the appellants’ application compared to those offered a place;


In my last appeal this was included but I assumed it was because that was for oversubscription. The LA have claimed this school is full but it is not. Furthermore there is no proof DS even sat the KT and was refused on the basis he failed, or evidence of the HT Assessment Referral.

I don't want to go like a bull in a china shop, like I usually do, but am concerned the hearing could get adjourned because the full information has not been provided and we are already not going to get our result until the end of the summer term as it is :?

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PostPosted: Tue Jun 29, 2010 5:59 pm 
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Hi, T12ACY

I wonder if these are all late appeals - it might explain why they've not explained how places were allocated. I would have thought they should still have done so, though. Perhaps they're waiting to see if any more places are allocated (I note the hearing is still some weeks away).

I wouldn't suggest putting anything in writing at the moment as it looks so formal, but is there a phone number for the administrator or clerk? An informal query might shed some light on what they're doing.

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PostPosted: Tue Jun 29, 2010 6:10 pm 
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Thanks Etienne, this is a late application which may explain why it is so different?

The LA have not even confirmed the KT scores...... Shall leave it until early next week and ring them to check if there is any further paperwork to come. Can only assume this is 'normal' and have now been thrown as thought I knew what to expect. :roll:

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