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PostPosted: Sun Mar 06, 2011 10:31 pm 
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I have just been reading Section C: Appeals For An Oversubscribed Schools, I have a couple of questions:

Please can someone clarify the stages of appeal for an oversubscribed school. First stage, second stage? Do we have to go to two appeals?

C6. Can a school that has gone over its admission number admit another child (without the child’s parents submitting an appeal)? - How can this be possible!!! If parents haven't sumitted an appeal, how is this possible? Has the parent contacted the school via phone or letter?


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PostPosted: Sun Mar 06, 2011 11:53 pm 
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Quote:
Please can someone clarify the stages of appeal for an oversubscribed school. First stage, second stage?
This is all part of the same appeal - first the authority's case, then the parents' case.

Quote:
Do we have to go to two appeals?
No, although sometimes stage 1 is done as a group hearing, and all the parents attend together to hear the authority's case. Otherwise, there's a single hearing, and both stages are dealt with at the same time.

Quote:
C6. Can a school that has gone over its admission number admit another child (without the child’s parents submitting an appeal)? - How can this be possible!!! If parents haven't sumitted an appeal, how is this possible? Has the parent contacted the school via phone or letter?
Note that the answer is "in limited circumstances"! These are special cases for which provision has been made in the Admissions Code. For example, after the allocations have been done, and the school is full, a child might get a 'statement of special needs' naming the school. That child must be admitted, even though it means the admission number will be exceeded. It's a legal requirement!

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PostPosted: Mon Mar 07, 2011 12:08 am 
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Apart from a child with a Statement, other situations where a school may have gone over its admission number are:

A child has been given a place under the Fair Access Protocol after allocations
An error was made in allocations which has only come to light afterwards and has necessitated giving a place to someone who was wrongly deprived of one.
Exceptionally, a Local Authority has agreed with a school to allocate places over and above the usual number – this tends only to happen when a LA could not accommodate the number of children in a particular area within a reasonable distance.

If you see in your paperwork that the school is over its admission number there should be an explanation of why this is so. If not you should ask.


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PostPosted: Sun May 29, 2011 10:15 pm 
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If unsuccessful at an unqualified appeal, and later more information comes to light (but not SEN), is it possible to have another appeal or approach the school with this new information?

Who would make the decision, admissions or school head?


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PostPosted: Sun May 29, 2011 10:44 pm 
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If there is significant new information, that was not - and could not have been - available at the time of the hearing, then a fresh appeal might be granted.

It would be a decision for the admission authority.

http://www.elevenplusexams.co.uk/appeals/general#a25

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PostPosted: Sun May 29, 2011 11:06 pm 
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Yes this information is new and will help in the appeal.

When you say admission, are you referring to the admissions clerk of the school, or the LEA?

This is a foundation school!


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PostPosted: Sun May 29, 2011 11:22 pm 
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slough mum wrote:
Yes this information is new and will help in the appeal.
It will also need to be significant in the opinion of the admission authority, and information that could not possibly have been available at the original hearing.

Quote:
When you say admission, are you referring to the admissions clerk of the school, or the LEA?
This is a foundation school!
If it's a foundation school, then the school governors are the admission authority.

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PostPosted: Mon May 30, 2011 5:46 pm 
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Etienne,

Would the admissions authority (governing body) make a decision based on the info I provide, or would it have to go to a fresh panel.

Would you recommend that I write directly to the governing body?


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PostPosted: Mon May 30, 2011 6:02 pm 
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Hi Slough mum

I'm sure Etienne will be here when she can but I imagine even if the GB consider it sufficiently significant that it would not be able to award the place without following the stated process...it would open a hornets nest if they did...

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PostPosted: Mon May 30, 2011 7:24 pm 
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slough mum wrote:
Etienne,
Would the admissions authority (governing body) make a decision based on the info I provide, or would it have to go to a fresh panel.
As Mad? suggests, there's no way the governors will offer you a place just on the basis of new information.
Note what I wrote before:
Quote:
If there is significant new information, that was not - and could not have been - available at the time of the hearing, then a fresh appeal might be granted.


Quote:
Would you recommend that I write directly to the governing body?
Yes, you can write to them, enclosing the new evidence, and asking them to consider allowing a re-hearing.

Be warned that it is rare for a re-hearing to be offered, because it is not often that an admission authority is entirely satisfied that the information is new, significant, and could not have been made available at the previous hearing.

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