Go to navigation
It is currently Sat Dec 10, 2016 6:40 pm

All times are UTC




Post new topic Reply to topic  [ 20 posts ]  Go to page 1, 2  Next
Author Message
PostPosted: Thu Oct 18, 2012 2:04 pm 
Offline

Joined: Thu Oct 18, 2012 9:35 am
Posts: 9
Can you give any advice as to whether I have a case for EFA.
Lost 12+ appeal very recently on following decisions -
decision 1 - admission procedure had been correctly applied
decision 2 - child would have too much work to catch up on if they admitted her now.
complaint 1 - After passing 12+ but having no place available , I was informed I had a right to appeal by Local Authority letter which stated school would include details of appeals procedure. Subsequent letter from school made no mention of appeals rights & said that a place on the waiting list was 'all that can be offered'. I was not informed of my rights exactly as set out in Appeals Code.
complaint 2 - Child had qualified for the school by passing their selection tests and, if a place had become available at any time in that year, would automatically be accepted. The appeals panel effectively introduced another ‘test’ of their own making, by judging my child unable to catch up. How could they judge her ability against other year 8 pupils 12 months after her 12+?


Top
 Profile  
 
PostPosted: Thu Oct 18, 2012 2:13 pm 
Offline

Joined: Fri Sep 15, 2006 8:51 am
Posts: 8119
last resort - am just moving this thread to the appeals section so you can get more advice. Which area are you in?


Top
 Profile  
 
PostPosted: Thu Oct 18, 2012 2:38 pm 
Offline

Joined: Thu Oct 18, 2012 9:35 am
Posts: 9
sorry- new at this! south west


Top
 Profile  
 
PostPosted: Thu Oct 18, 2012 3:26 pm 
Offline

Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7063
Welcome!

The panel are not allowed to introduce another 'test' of their own, so if this is what happened, it sounds like maladministration.

Do let us know how you get on. The EFA is still relatively new at handling complaints.

_________________
Etienne


Top
 Profile  
 
PostPosted: Thu Oct 18, 2012 3:46 pm 
Offline

Joined: Thu Oct 18, 2012 9:35 am
Posts: 9
What about the fact that I was not given all of the appeals info as per Appeals code
sect 2.5 Notifying appellants of the right to appeal and the appeal hearing
2.5 When a local authority or an admission authority informs a parent of a decision to
refuse their child a place at a school for which they have applied, it must include the reason
why admission was refused; information about the right to appeal; the deadline for lodging an appeal and the contact details for making an appeal. Parents must be informed that, if they wish to appeal, they have to set out their grounds for appeal in writing. Admission authorities must not limit the grounds on which an appeal can be made.

I only received "you have the right of appeal for a place at any of your preferred school/s. I understand that the information about the appeals procedure for ---------- school will be included in the letter from the school" from the Local Authority.
The school (an academy) did not mention any appeal rights at all.

Is that grounds for EFA to investigate matter?


Top
 Profile  
 
PostPosted: Thu Oct 18, 2012 3:48 pm 
Offline

Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7063
I would raise it, yes.

_________________
Etienne


Top
 Profile  
 
PostPosted: Fri Oct 19, 2012 11:27 am 
Offline

Joined: Thu Oct 18, 2012 9:35 am
Posts: 9
Please can you advise re maladministration by an independent appeal panel? Have sent background information to appeals box.


Top
 Profile  
 
PostPosted: Sat Oct 20, 2012 6:56 pm 
Offline

Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7063
I've had a careful look at the correspondence, and my personal opinion is that there has been maladministration.
If, by any chance, the EFA were not to find in your favour, I would suggest taking the matter to the DfE.

The key point is that the panel appears to have acted incorrectly by applying an additional test in its decision making.
I have to say that there was a similar case earlier this year (though not relating to an academy). The ombudsman ruled that the panel had acted improperly because, having agreed that the child was of grammar school standard, it was not then open to them to go on to consider how the child would 'cope'. Having agreed that the child was of grammar school standard, the only legitimate remaining issue for the panel was whether the parents' reasons for wanting a place outweighed the prejudice to the school.

I was also concerned to note the phrase "considerable additional support from the teaching staff". There is an implication here that the panel may have been considering the prejudice that would be caused to the school by the admission of this particular child. I believe that this would be contrary to the ruling given in The Court of Appeal with regard to R (M) v Haringey Independent Appeal Panel & Secretary of State for Children, Schools and Families [2010]. As I understand it, any decision on prejudice should be "essentially objective" - in other words, the issue should normally be the prejudice that would arise from the admission of an additional child, rather than this particular child.

I note that the panel considered whether the admission arrangements had been correctly applied, but appear not to have considered whether the arrangements were lawful. This is a breach of the Code, but is likely to be seen as a technicality unless it could be shown that you suffered an injustice as a consequence.

The failure of the school to signpost your right of appeal might also be viewed as a technical error, except that in this instance you can submit that you were disadvantaged as a result.

_________________
Etienne


Top
 Profile  
 
PostPosted: Sun Oct 21, 2012 4:10 pm 
Offline

Joined: Thu Oct 18, 2012 9:35 am
Posts: 9
Thank you so much for your time to consider my case. I feel very much out of my depth with this whole process but want to see it through as I feel an injustice has been done.
Have your site users had many dealings with the EFA? Having sent in my complaint last week I've only received an automated reply & no case number (even the Ombudsman gave me an instant personal response & case number just to tell me it wasn't their dept)!


Top
 Profile  
 
PostPosted: Sun Oct 21, 2012 4:43 pm 
Offline

Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7063
I think it's probably too soon to take a view about the EFA (and its short-lived predecessor the YPLA). The ombudsman, on the other hand, has had many, many years of experience.

I'm aware of a limited number of forum cases that have gone to the EFA/YPLA. If I recall correctly, one was successful, two or three were turned down (I felt they were borderline cases), and one was decided wrongly (the member concerned subsequently complained to the DfE who ruled in her favour!).

I imagine the EFA will be writing to you in due course with a summary of your complaint, asking whether you think it a fair reflection of your concerns. I'll be happy to check the summary for you if you would like me to do so.

Good luck. I'm afraid the whole process could take 2 or 3 months.

_________________
Etienne


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 20 posts ]  Go to page 1, 2  Next

All times are UTC


Who is online

Users browsing this forum: No registered users and 3 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
CALL 020 8204 5060
   
Privacy Policy | Refund Policy | Disclaimer | Copyright © 2004 – 2016