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PostPosted: Wed Mar 07, 2012 10:40 am 
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Joined: Wed Mar 07, 2012 10:18 am
Posts: 3
can I ask for some help in understanding the arguments you can use at an appeal?

the qu. concerns where you have won the "selection" part of the appeal, but are facing the next bit (where they are saying that even though you have won the selection part, the school is full).

I have looked at the appeal code and parents appear to need (quote) - "arguments (that) outweigh the admission auhtority's case that admission ... would cause prejudice."

I have 2 qus about this (sorry!):

- can you argue both ways - i.e. (1) that admitting yr child would not overload the school and (2) even if admitting yr child would put pressure on the school, you have v strong preference/reasons? In other words can both of these sorts of arguments be used to "outweigh" the school's arguments, or is it just about (1) or (2)?

- if both (1) and (2) are relevant, does the earlier part of the appeal code (paragraphs 3.9) apply to grammar school appeals? Paragraph 3.9 says that the panel must admit at least the number of children that can be allowed without "prejudice" resulting. If this applies to grammar school appeals, then this seems to make it worth it putting some effort into the "prejudice" part of the case - the appeal has got to fill these places, and then use parents' preferences to see if any more places can be made available on top of these - any views?

Don't want to bleat, but I know that govt says you don't need a lawyer for a school appeal. I can't afford a lawyer, but how do they expect us to understand this stuff? I'm doing my best to read the appeals code etc ... :? help wld be really appreciated

Mandy


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PostPosted: Wed Mar 07, 2012 5:36 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7064
Quote:
- can you argue both ways - i.e. (1) that admitting yr child would not overload the school and (2) even if admitting yr child would put pressure on the school, you have v strong preference/reasons? In other words can both of these sorts of arguments be used to "outweigh" the school's arguments, or is it just about (1) or (2)?
Yes, although with point 1 you would simply be challenging the school's case at what is known as 'stage 1'. At stage 2 (your own case) you must put forward reasons for wanting a place.

Quote:
- if both (1) and (2) are relevant, does the earlier part of the appeal code (paragraphs 3.9) apply to grammar school appeals?
Yes.

Quote:
Paragraph 3.9 says that the panel must admit at least the number of children that can be allowed without "prejudice" resulting. If this applies to grammar school appeals, then this seems to make it worth it putting some effort into the "prejudice" part of the case - the appeal has got to fill these places, and then use parents' preferences to see if any more places can be made available on top of these - any views?
I'm not sure I understand! In the first instance your case will be considered on its own merits, and if it outweighs the prejudice to the school, and assuming qualified status has been established, it will be allowed - provided that the panel is not minded to allow so many appeals that the school couldn't possibly cope! In that situation, it becomes necessary to compare all the individual cases, and to allow the strongest up to the point where the prejudice to the school becomes too great.

Quote:
Don't want to bleat, but I know that govt says you don't need a lawyer for a school appeal. I can't afford a lawyer, but how do they expect us to understand this stuff? I'm doing my best to read the appeals code etc ... :? help wld be really appreciated
Have you read our Q&As? I try to explain the two stages of an oversubscription appeal here:
http://www.elevenplusexams.co.uk/appeal ... -school#c1
http://www.elevenplusexams.co.uk/appeal ... -school#c2

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Etienne


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