unsuccessful appeal

Consult our experts on 11 Plus appeals or any other type of school appeal

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Sally-Anne
Posts: 9235
Joined: Wed Jan 11, 2006 8:10 pm
Location: Buckinghamshire

Post by Sally-Anne »

Hi Mum1

Thanks for posting that - very helpful.

I don't know about today being the most miserable day of the year - there are 30 other days in January to compete with it! So, once you've bought the lottery ticket, have a look at this website:

http://www.groundhog.org/

February 2nd, or "Groundhog Day" is just around the corner. I loved the film (nothing to do with Bill Murray, of course), but Feb 2nd also happens to be a birthday in our family, so we've always been rather keen on it. You can then place your bet on what Punxsutawney Phil will have to say - it's cheaper than the lottery, and a 50/50 chance!

Maybe we should throw a "virtual" Groundhog Day party on the Forum to cheer up all the failed January Appealers?!

(Wow, ForumAdmin, is this off thread or what?)

Sally-Anne
mum1
Posts: 14
Joined: Sun Jan 21, 2007 4:46 pm

Post by mum1 »

Our papers have arrived this morning and as we had feared the reasons given by the panel show that they were not au fait with the evidence presented. Three comments they give to explain their decision are incorrect and contrary to facts stated by us in the appeal and what was in the written evidence.
When we came out the appeal and were discussing how it had gone we had both felt that the appeal panel had got some facts wrong but neither of us had felt suffieciently confident in the appeal to challenge them strongly as we had both felt that if we contradicted them it would come across as 'pushy' and not be in our favour. Also the interjections by the LA rep had disrupted our flow to some of their questions.
I am really confused over whether their failure to pick up the facts correctly are maladministration or would it count as new evidence?
Also when I spoke to my son's head she was not happy that they had taken the lack of her ranking him as such strong evidence against a successful appeal. He was new to the school and that was why he wasn't on the ranking and when i asked her she said that she was not allowed to submit an amendment. She would now write in support of us, so do we go for new evidence and ask for a re-appeal?

Can we go for maladministation and new evidence?
Help?!
mum1
Posts: 14
Joined: Sun Jan 21, 2007 4:46 pm

Post by mum1 »

Our papers have arrived this morning and as we had feared the reasons given by the panel show that they were not au fait with the evidence presented. Three comments they give to explain their decision are incorrect and contrary to facts stated by us in the appeal and what was in the written evidence.
When we came out the appeal and were discussing how it had gone we had both felt that the appeal panel had got some facts wrong but neither of us had felt suffieciently confident in the appeal to challenge them strongly as we had both felt that if we contradicted them it would come across as 'pushy' and not be in our favour. Also the interjections by the LA rep had disrupted our flow to some of their questions.
I am really confused over whether their failure to pick up the facts correctly are maladministration or would it count as new evidence?
Also when I spoke to my son's head she was not happy that they had taken the lack of her ranking him as such strong evidence against a successful appeal. He was new to the school and that was why he wasn't on the ranking and when i asked her she said that she was not allowed to submit an amendment. She would now write in support of us, so do we go for new evidence and ask for a re-appeal?

Can we go for maladministation and new evidence?
Help?!
Guest55

Post by Guest55 »

I wonder if its worth ringing Admissions [and then writing] to explain your concerns re errors.

Bucks own guidance re ranking is confusing - see another thread - and whether this would count as 'new evidence'.

It is worrying that evidence can be misunderstood ... or overlooked.
mum1
Posts: 14
Joined: Sun Jan 21, 2007 4:46 pm

Post by mum1 »

Etienne, I would say that the panels errors are serious as three facts they state in the reasons for their decision are incorrect from the evidence we submitted. Also our son's head did not realise that she could write r.e. the ranking. She is a new head. She would write to support us now.
Help!
mum1
Posts: 14
Joined: Sun Jan 21, 2007 4:46 pm

Post by mum1 »

I would prefer a re-appeal. Do we have to get our skates on if we ask for this?
mum1
Posts: 14
Joined: Sun Jan 21, 2007 4:46 pm

Post by mum1 »

I would prefer a re-appeal. Do we have to get our skates on if we ask for this?
Guest55

Post by Guest55 »

I doubt it will be quick whatever you do - a firiend got a re-Appeal and it took three months to arrange. This means you will miss first allocation - then if you are hoping for a very popular school you will probably have to appeal to get in!

But - do go for it - my friend's re-Appeal was succesful and they got the school they wanted - but never an apology for the months of distress ...
mum1
Posts: 14
Joined: Sun Jan 21, 2007 4:46 pm

Post by mum1 »

thank you. do you know where i can go for advice over which route to take either re-appeal on new evidence or maladministration?
can we do both?
feel knackered at the very thought of it all...reaching for the tranquilisers now!
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

mum1 wrote:Three comments they give to explain their decision are incorrect and contrary to facts stated by us in the appeal and what was in the written evidence.
Dear mum1

If the 3 facts really were significant facts, then you might have a justifiable complaint. I cannot really give an opinion without knowing exactly what the facts were (and I appreciate you may not wish to state them publicly).

I see no reason why you cannot make a complaint and submit "significant new evidence that was not available at the time of the appeal" simultaneously.

You have a year in which to complain to the ombudsman (not that I would suggest leaving it that long :D )

This link might be of interest:
http://www.lgo.org.uk/pdf/howcompcouncil.pdf

I would not recommend contacting Admissions for advice about appeals!
mum1 wrote:Also the interjections by the LA rep had disrupted our flow to some of their questions.
The order of business makes clear who should be speaking and when. If the notes show that the LEA rep. was making unreasonable interruptions, this could be grounds for a complaint.

To begin with, I would suggest that you follow the advice in the final section of the Q&As. Put your complaints in writing and send them to the Appeals Office, Legal & Democratic Services, Old County Offices, Aylesbury. If I remember correctly, you should get an acknowledgement within a week, and an full response within a month at the very latest.

You could try raising the issue of the headteacher ranking in your letter to see what response you get (but I suspect that significant new evidence would ultimately be a matter for Admissions).

Regards
Etienne
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