out of catchment appeal

[Etienne]

Hi, jimjum

Just a quick response during the lunch break.

Panels will usually be satisfied that some sort of prejudice is going to arise, and on the whole it's rare for admission authorities to lose at stage one.

It's not possible to query the panel's judgement - but the panel must observe all the correct procedures.

I would make the following points with regard to procedure:

• 1. The decision on stage one is a single decision that applies equally to all the cases being heard. (You gain nothing individually from challenging the school's case more effectively than other appellants!)
  2. The decision is based on all the evidence, both written and oral. The admission authority shouldn't really be introducing evidence that wasn't in their written statement, but of course they may be forced to do so when responding to questions.
  3. It is right and proper that the panel should question the admission authority, but if there is no group hearing, they must ask the same questions at each individual hearing to help ensure that everyone gets the same information. (It's the parents' questions that are unpredictable!)
  4. If significant new information about the school's case comes to light during the individual hearings (usually in response to parental questions), then all the other appellants ought to have access to that same information, even though there will be a logistical problem in relation to the hearings that have already taken place. According to the Code: If material new evidence comes to light during the questioning of the presenting officer, the clerk must ensure that the panel considers what bearing that evidence may have on all appeals.
  5. If you were unable to get significant information from the school with no good reason, it might be grounds for a complaint.

Hope that helps. I shall be around this evening if anything is not clear.

[jimjum]

Unfortunately our appeal was rejected. We are very disappointed that during the appeal the panel hadn't questioned us on our daughters academic ability or why the school would benefit our DD over the allocated state school. Also the schools written case was based primarily on classroom sizes but on questioning the head at the appeal we were told that there would be an additional form class as they had admitted 20 extra pupils this year after consultation with L.A.
The only questions that were raised by the panel were to confirm my daughters score in the academic test and what the lowest out of catchment score and in catchment score were. We were also question on distance from school and mode of transport and why we had chosen D.A.O as one of our school choices when its specialism was humanities! The school that we were appealing for had a specialism for maths and science.
We had an impressive year 5 school report, strong letters of support from head and form tutor with predicted SATs grades as level 6 for Maths and high level 5 for all other subject. Mention also of our DD being on G&T register, and her strengths in maths and science. Also people with lower scores than my daughter who were in catchment had been offered a place from the waiting list.
We were aware that the chances of winning the appeal were going to be low but I think what is the most frustrating is that the panel didn't seem to take any interest in my DDs academic achievements or our reasons for why she would benefit by going to the school!
The schools case was also based heavily on classroom sizes and obviously avoided informing parents that there would be an extra form group. Even when emailing school admissions they kept saying number of form groups hadn't yet been decided! It was only on the day of the appeal after we posed the question to the head that he admitted to the addition of an extra form. This was very frustrating especially when a parent had put a note on this forum back in March to say school admissions had told him that the number of forms would be increased form 6 to 7.
The school also made a mention in its case that they had higher than average special needs children and Ofsted Report contradicted this statement in Sept 2011 by saying the school had lower than average special needs children.
The school had also submitted an email that they had sent to us with my daughters waiting list position, if the panel isn't suppose to take that my DD position into account why was it submitted?.
It just doesn't seem right that the school can get away with inaccuracies in its case without any consequences.
I am still glad we appealed but certainly don't feel that appeal was fair to both parties.

[capers123]

Unfortunately our appeal was rejected.

Really sorry to hear that.

We are very disappointed that during the appeal the panel hadn't questioned us on our daughters academic ability or why the school would benefit our DD over the allocated state school.

Panels are not mind readers. If a parent wants a matter raised, it is far better for them to raise it rather than hope the panel (or even admissions authority) might raise it.

We had an impressive year 5 school report, strong letters of support from head and form tutor with predicted SATs grades as level 6 for Maths and high level 5 for all other subject. Mention also of our DD being on G&T register, and her strengths in maths and science. Also people with lower scores than my daughter who were in catchment had been offered a place from the waiting list.

I suspect that those who won the appeals have equally as strong academic cases, but stronger mitigating circs (assuming that some did win their appeals).

We were aware that the chances of winning the appeal were going to be low but I think what is the most frustrating is that the panel didn't seem to take any interest in my DDs academic achievements

How do you know that? We don't always ask questions about information that's in the appeals documents from the parents - but I always, always look at it and take an interest during both my reading of the docs at home before the appeal, and in our discussions after the appeal. A good set of academic stats, especially if evidenced (being on headed paper from the primary school) doesn't need questioning!

The schools case was also based heavily on classroom sizes and obviously avoided informing parents that there would be an extra form group. Even when emailing school admissions they kept saying number of form groups hadn't yet been decided! It was only on the day of the appeal after we posed the question to the head that he admitted to the addition of an extra form. This was very frustrating especially when a parent had put a note on this forum back in March to say school admissions had told him that the number of forms would be increased form 6 to 7.

Sounds like that needs exploring - if the school had the numbers fixed well in advance but were not telling the truth...

The school had also submitted an email that they had sent to us with my daughters waiting list position, if the panel isn't suppose to take that my DD position into account why was it submitted?.

Luckily the appeals I hear are NOT made aware of waiting list positions (assuming that the schools are oversubscribed for there to be one).

It just doesn't seem right that the school can get away with inaccuracies in its case without any consequences.

I agree. If I found, as a panel member, that a school was playing around, then I'd probably report it myself to the Ombudsman or Secretary for State.

[Etienne]

Very sorry to hear your news, jimjum. You put a lot of thought into your appeal, and couldn't have done more.

It's frustrating when few questions are asked, but it's very difficult to prove a negative (i.e. that the panel didn't take all your evidence into account).

You could try sending a Freedom of Information request to the school or admission authority, asking them to put in writing the exact date when the decision was taken to add an extra form.

Assuming this isn't an academy, you could ring the ombudsman's advice line and ask what they think about the inclusion of your position on the waiting list.
See D3(b):
http://www.elevenplusexams.co.uk/appeals/ombudsman#d3" onclick="window.open(this.href);return false;

[jimjum]

Unfortunately the school is an academy so I guess there is no point in complaining as probably won't get us anywhere. Together with the schools case, the school sent through 5 pages of emails either form us or by the school. Each page had a mention of my daughters position on the waiting list. I had rang the L.A about this before our appeal and they responded by saying the panel will not take my daughters position on waiting list intoaccount. Unfortunately we will never know whether the panel did disregard the attached emails or not. Also I am wondering if the school would have been able to get away with having inaccurate info in its case had it not been an academy?

[Etienne]

If it's of any interest, there is a new link on the DfE website to the EFA procedure for dealing with complaints about Academy appeals:

http://www.education.gov.uk/aboutdfe/co ... -academies" onclick="window.open(this.href);return false;

[jimjum]

Etienne,

Thank you for the link, we decided to submit a complaint against the school. We gave 2 reasons for the complaint, the first being the 5 pages of emails with my DD position on the waiting list, which the school submitted to both us and the appeal panel.
The second complaint was the fact that the school kept telling us that they hadn't decided on the number of form groups and only revealed this information on the day of the appeal, after being asked the question.
We have submitted a link from this forum of a parent whose son is already at the school. In March earlier this year the parent wrote on this forum that he had contacted the school admissions and was reassured that the number of students per form will definitely not increase as the number of forms will be increases in Sept from 6 to 7.
Yet when we requested the same info from admissions to help with our appeal, admissions repeatedly told us they hadn't decided yet.
I do not know if the education authority will take the parents statement from this forum into account or not but I hope it will raise enough doubt for them to at least investigate further.
I don't think this will change my DD situation but I hope that the school will be held accountable for its action, so that another parent does not have to go through the same unnecessary stress especially when the appeals process is already stressful enough!!

[Etienne]

Well done, jimjum. The EFA is untested, but you've nothing to lose, and - even if your complaint isn't upheld - the school might be more careful in future.

[jimjum]

Hi Etienne,

We put in a complaint about our appeal and the case has been assigned to someone who has asked us for further information.
I just wanted to find out what happens if we are given another date to re-appeal?
Do we have to submit exactly the same info or can we update it? My daughter's Sats results may come through soon so we could use actual grades rather than predicted grades.
Also given that the school is an academy and I do think the appeal panel was heavily biased towards the school, are we almost wasting our time re-appealing, I think the outcome will be the same?
The schools case was so flawed and yet the panel didn't seem to even seem concerned about that. For example the school claim that some of their classrooms are over cramped and yet they have agreed with L.A to admit 20 extra pupils, and the form groups are increasing from 6 to 7. Also the school is currently building a 2 story maths block.
The school also mentioned that they have above average special needs children when in their Sept 2011 report it is stated that the school has below average special needs children.
The above are just 2 points that we picked up from the schools case. If the panel will take the schools information as accurate and pick flaws in our statements without giving much consideration to our daughters academic abilities, I am at a loss to find a way to prove that the school is not putting across all the facts!
This may all be premature and we may find that we don't get the chance to re-appeal but I just wanted a bit more info in case we do.

[Etienne]

Hi.

Do we have to submit exactly the same info or can we update it? My daughter's Sats results may come through soon so we could use actual grades rather than predicted grades.

It's something you would need to discuss with the clerk, if your complaint were to be successful - but a re-hearing is meant to be a completely fresh appeal, so I see no reason why you couldn't introduce new evidence (nor have I heard of a re-hearing where this wasn't permitted).

Also given that the school is an academy and I do think the appeal panel was heavily biased towards the school, are we almost wasting our time re-appealing, I think the outcome will be the same?

That I can't say!

It would have to be a different panel and clerk, which the school may not be able to provide, in which case they might possibly have to hire a panel and clerk from the LA.