Silliest questions asked at appeal competition

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

Post by Etienne »

Incidentally, when asking for a copy of the clerk's notes, it's important to state that the request is being made "under the Data Protection Act".

It's true that the notes do not have to be a verbatim record. This can be tiresome, although sometimes the gaps can be to the advantage of the appellant! For example, if the notes do not show that a possible disability was considered under the DDA, or that a piece of evidence which the appellant put forward as important was properly considered, or that there were clear reasons justifying the panel's decision, then a complaint is quite likely to succeed, even if the reality is that the panel dealt with these matters correctly.

With regard to the school mentioned above, it's quite possible that the panel member in question makes a habit of asking the same irrelevant questions, so I would not expect the chairman and clerk to attempt to disguise the fact ....... I hope not, anyway!
Etienne
Alex
Posts: 1097
Joined: Thu Nov 02, 2006 10:10 pm
Location: Lincolnshire

Post by Alex »

Thank you, Etienne, for explaining about obtaining clerk's notes.

Do you think the ombudsman would consider the questions asked in these appeal to be unacceptable? I think that if I were an appellant I would see them as questioning my parenting. The knife question is also one which might be seen as being of significance in Lincolnshire because you may recall that it was in one of our schools that a pupil stabbed another to death not very many years ago.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Alex

I can't be sure what view the ombudsman would take of the questions mentioned, but my feeling is that he would find them unacceptable, in which case the attention of the authority would be drawn to the criticism, and the authority would be under a duty to warn panel members.

I do not see that these questions have any relevance in a qualification appeal (where the issues are academic evidence and extenuating circumstances) or in an oversubscription appeal (where the authority gives reasons for refusal, parents give reasons for needing a place, and the panel's task is to balance the prejudice - the panel should be questioning parents about their case, not "interviewing" them to determine their suitability).

Whether the ombudsman would consider irrelevant questions to be a significant fault leading to an injustice is much less certain. It would be interesting to see in the clerk's notes exactly what reasons this particular panel member gave for his decision. If they reveal that he was in fact assessing "suitability", then I suggest that this could indeed be a significant fault.

Regards
Etienne
Louise
Posts: 36
Joined: Mon Jan 22, 2007 2:22 pm
Location: Lincolnshire

Post by Louise »

Have decided to go down the ombudsman route. Would hate to think that that particular panel member deemed my son unsuitable because he didn't go to church or was in the boy scouts (that was another question). really doing this to raise awareness of the quality of the panel but i am still left wondering why the school rep was taking notes. We were the last to be heard on that day, it would have been so easy for him to have slipped back into the room. I'm getting paranoid now!
Louise
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Post by Etienne »

Dear Louise

I don't recall ever seeing the representative of the admission authority take notes (although occasionally parents did!). Should he have done so? - I don't think there's anything to stop him. Likewise, nothing to stop you asking for an explanation - "What exactly was the purpose?"

Glad to hear that you will be asking the ombudsman to look into the fairness of the hearing. You never know what might come out of it. Even if your complaint is not upheld, it could still do some good and lead to improvements in the future.

Things usually proceed at a leisurely pace. The ombudsman will probably send your complaint to the admission authority, and ask them to comment within 28 days, and to provide him with copies of all the papers relating to the appeal.

Regards
Etienne
Sally-Anne
Posts: 9235
Joined: Wed Jan 11, 2006 8:10 pm
Location: Buckinghamshire

Post by Sally-Anne »

Louise wrote:Have decided to go down the ombudsman route. Would hate to think that that particular panel member deemed my son unsuitable because he didn't go to church or was in the boy scouts (that was another question).
Hi Louise

Whoever asked the question about the "Boy Scouts" is hopelessly out of touch, as Scouts has been open to both girls and boys for over 30 years in some areas, and Scouts, Cubs, etc had to admit girls as of this year.

I am glad to see that you are pursuing this. It may not result in a victory for you, but it may result in someone else getting fair treatment in future.

I would do the same in your situation, and I wish you luck.

Sally-Anne
Louise
Posts: 36
Joined: Mon Jan 22, 2007 2:22 pm
Location: Lincolnshire

Post by Louise »

Will keep you all posted.
Louise
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