Year 8 Appeal

[Hellybeds]

Hi, I have just returned from the school that we are appealing to, to ask with regards classes, numbers for year groups etc, and you would think I had committed a crime!

I spoke directly to the Clerk and thanked her for taking the time to speak to me. When I asked her for the information, she quite curtly told me the the Presenting Officer will tell me everything on the day.

I said that I would prefer to know sooner to allow me to prepare my case and you could tell that she did not like it at all!!

She assured me that she would post the information out to me.

Maybe I am letting things get to me and am becoming paranoid, but I came away with a distinct feeling of unease.

[T12ACY]

Did she get you to stand in front of a white screen with a number card to identify you on the day of the hearing?

[Hellybeds]

Hehe, no thank god!

[Etienne]

she quite curtly told me the the Presenting Officer will tell me everything on the day.

A good clerk would have understood the Code:

1.22 In receiving requests for information from appellants, it is the role of the clerk to determine who is responsible for providing a response and handle it accordingly e.g. an appellant’s query about appeals procedure can be handled by the clerk, but a request for information about how places were allocated at a school would have to be responded to by the admission authority.

The answer in this instance would have to come from the admission authority (the school), and perhaps the clerk was a bit miffed at having to act as intermediary. However, the appropriate way of handling the request would have been to agree politely to pass it on!

She also seems to be missing the point that Admission authorities must give appellants appropriate guidance and information before the hearing to enable them to prepare their case for appeal ….. and must respond to any reasonable requests for information about the school or the admissions process that the appellant may think they need to help them with this preparation …..

Fortunately the clerk plays no part in the decision making at an appeal!

[Hellybeds]

Yes, I agree.

She was very strange indeed. I even went as far as saying that I am really sorry if I have asked the wrong person, should I in fact contact the Appeal Clerk and she just gave me this strange look.

Without wanting to sound critical, I am not entirely sure she really knew what I was talking about and in fact any of the procedure leading up to Appeal.

She asked me why I needed to know now, when I would be told on the day. That is when I pushed it a little further and stated that I was entitled to the information under the FOI.

Feel very uneasy, as there have been certain aspects in the past and in fact in this most recent process that has made us question the honesty of the school. (I am more than happy to elaborate via Inbox Etienne, let me know?)

The actual appeal is also being held at the school, and again, makes me wonder how 'Independent' the panel will in fact be!!

But then again, maybe it is me being paranoid!

[Etienne]

The actual appeal is also being held at the school

I see the new government looks like allowing this when the new Code comes into force next year (to save own-admission authority schools the cost of hiring separate premises).

Technically, it would be a breach of the Code at the moment.

[Hellybeds]

That's very interesting Etienne, when I found out it didn't 'sit' right with me.

What do you suggest we do?

[Hellybeds]

Do you think that as it is just us appealing, that they have chosen the school to save money?

How, if that is the case, can we be sure that the panel are in fact independent, and that the PO hasn't spoken or been alone with them at any time?

My thought would be to contact The Clerk to the Panel, but any correspondence needs to be addressed via the Governors Clerk to the school!

Very worried!!!!

[Etienne]

What do you suggest we do?

I don't think it's worth raising the matter in isolation - it's likely to be seen as a technicality rather than necessarily an injustice.

When I said that it's a breach of the Code, it would have been more accurate to say a 'possible breach'.

To ensure independence in the appeals process, a neutral venue other than the school concerned should be used for the appeal hearing wherever possible.

In effect, what this means is that, if challenged, they would need to come up with a reasonable justification.

Do you think that as it is just us appealing, that they have chosen the school to save money?

That would probably be their justification.

How, if that is the case, can we be sure that the panel are in fact independent,
and that the PO hasn't spoken or been alone with them at any time?

I suppose one can never be 100% sure of anything, irrespective of the venue. The system, to some extent, is based on trust. PO and panel must realise that it would be highly improper of them to talk privately.

However, it seems to me that the school does need to be extra vigilant if it is acting as the 'host'. There was a case several years ago involving a foundation school. Parents complained that they saw the Head Teacher (who was the PO) in the room with the members of the Appeal Panel before and/or after their hearings, when they - the parents - were not present (the inside of the room could be seen from outside the building through a large window).

According to the clerk, the Head Teacher "did not discuss the merits of the appeals with members of the Panel or with her. The usual practice was for the Clerk to arrive first and set the room out for the hearing and for the Head Teacher to arrive next with refreshments for the Panel members, which she set out with help from the Clerk. Fifteen minutes is programmed in for the Panel to 'convene, coffee and biscuits' before the first appeal hearing of an evening is due to start. The Head Teacher usually then left the room to sit outside and wait for the first parents to arrive."

When [the last parent's] appeal ended, the Head Teacher left the room with him, but she went back in again after being invited to do so by the Clerk, once the Panel had reached its decision. The Clerk says this was "in order for the Head to clear up the refreshments and for her to say thank you and good-bye to the Panel members".

All probably quite innocent - but most unwise!

[Hellybeds]

Many thanks once again Etienne.

My mantra will now be ' I must not be so cynical'

I will let you know in due course. x