Potential Bexley Appeal - advice requested!

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Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Potential Bexley Appeal - advice requested!

Post by Etienne »

I was hoping that I could do one appeal, for non-qualification, asap. We know that the school we want is (as good as) guaranteed if we have a 'selective' decision. What I am not keen to do is make DC wait months before getting a decision on school. Also, if I have to appeal after March 1st, then effectively I will have to appeal for non-qualification and oversubscription, as I know the school we want will be at PAN.
I know Buckinghamshire arrange appeals against non-qualification before 1st March, but am sorry to say most authorities do not, with the downside you describe.
Etienne
Jaded parent
Posts: 8
Joined: Fri Oct 15, 2010 12:54 am

Re: Potential Bexley Appeal - advice requested!

Post by Jaded parent »

Thanks again Etienne!

I shall add a question regarding the possibility of an appeal before March 1st to my every growing list for Bexley.... this surely would have the advantage to the LEA of one appeal from me instead of potentially three?
The thought of this process fills me with horror, but DC deserves it, so what choice is there?

Thanks to everyone for all the advice given.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: Potential Bexley Appeal - advice requested!

Post by Etienne »

this surely would have the advantage to the LEA of one appeal from me instead of potentially three?
There may be legal issues here, such as what constitutes a statutory appeal within the meaning of Section 94 of the School Standards and Framework Act 1998. I suspect most authorities take the view that the right of appeal exists only against refusal to admit to a particular school, in which case you would only be entitled to appeal for a place at individual schools.

There is an alternative view that, since Section 94 gives the right of appeal against any decision (note the words "any decision") as to the school at which education is to be provided, and since non-qualification in the 11+ amounts to a decision not to offer a place at any grammar school listed on the CAF, it follows that there is a right of appeal against the decision not to deem a child qualified.

It all depends how a LA interprets the legislation .....
Etienne
Jaded parent
Posts: 8
Joined: Fri Oct 15, 2010 12:54 am

Re: Potential Bexley Appeal - advice requested!

Post by Jaded parent »

Wow!
I can see I'm going to be kept busy on this for a while. Thank you very much Etienne - although it's a steep learning curve, your insight is absolutely invaluable.

Does anyone have any knowledge of Bexley LEA's interpretation/stance on this point of law? Perhaps I should also post something on the Bexley/Bromley board, as I suppose that is where the locals hang out!

Head spinning, and it's not even 72hrs since we had the result..... :shock:
dani*
Posts: 298
Joined: Thu Apr 03, 2008 1:40 pm

Re: Potential Bexley Appeal - advice requested!

Post by dani* »

The admission brochure clearly states that '' Parents of pupils not deemed selective may express a preference for a place at a selective school and may then use their stat. right of appeal against a decision not to offer a place at that school.

Based on the above it seems unlikely that the council will hear an appeal before the places are offered on 1 March. Although it would make sense to hear appeals before this date. No doubt there will be a lot of children who have only just missed the passmark.

I have heard of a case where Parents managed to get the council to check the marking of the paper, however the request was made via the HT.

When we attended an initial meeting at our Primary school about the secondary transfer we were told that in case of problems with admission forms etc we could call the Children's Information Service Bexley. (Our HT is about as helpful as a chocolate teapot.) Perhaps they are able to provide you with information or point you in the right direction.

Good luck!
Tracy
Posts: 1123
Joined: Tue Oct 16, 2007 10:28 am
Location: Bexley

Re: Potential Bexley Appeal - advice requested!

Post by Tracy »

The council will not hear appeals before you have been denied a place at the schools, and if you name 3 grammars on your caf, you have to appeal 3 times.
We all know that winning a non-qualification appeal in Bexley is very rare but the closer you are to the pass mark, the better chance you stand. This not always the case though.
However, unless your child is currently working to at least 5b in Eng and Maths you will have very little chance. The previous 6 years at school counts for nothing.
Sorry to be pessimistic, please go for it if you think you have a case, but the reality in Bexley is that the appeals panels will not agree with the parents.
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