Ombudsman's decision
Moderators: Section Moderators, Forum Moderators
The number of questions we ask has nothing to do with the likely outcome. If you had put all the info the panel needed in the appeals documents, then they will (should) have been read beforehand. You can always say additional things to the panel without needing to be asked!imogen wrote: my grievance is mainly that my daughter's case was based on medical reasons but the panel only asked one question, which I felt had no relevance as they just asking why it took so long for a referal from the hospital to be received by myself.
Etienne is correct -our decision is final, assuming that everything has been done correctly. You can't take it to the ombudsman just because 'we' didn't grant your appeal - you may well have had a good case, but if there were more good cases than places that we feel could be filled, then your appeal will be turned down. That's unfortunate, bad luck, but not maladministration.
Capers
-
Imogen
-
Sally-Anne
- Posts: 9235
- Joined: Wed Jan 11, 2006 8:10 pm
- Location: Buckinghamshire
Dear Imogenimogen wrote:my grievance is mainly that my daughter's case was based on medical reasons but the panel only asked one question, which I felt had no relevance as they just asking why it took so long for a referal from the hospital to be received by myself. They also didn't ask any other questions re my child's ability just how many other children were appealing and that there were no places available.
If this still "niggles", then my advice would be to ask for the clerk's notes (they are entitled to charge £10) to check exactly what was taken into account at the decision making.
If they refuse, then I would go to the ombudsman and complain about irrelevant questions, and the fact that you have been unable to establish whether your main points were properly considered at the decision making stage.
Otherwise, as Sally-Anne suggests, you should go straight into Rehab.
Regards
Etienne
-
imogen
I have contacted the school to ask for the notes, I received a rather nervous call from the school asking why I needed the notes and that there were no notes as such. She said all their details were shredded and any notes from the appeals panel would have been in shorthand made by the clerk. She said any decision that was made was legally binding between the school and the appeals panel. Is there a differant procedure for voluntary aided schools? She was helpful but was surprised as the school had never received a request like this before. One of the things about the appeal that makes me concerned is that everyone I spoke to said that they didn't believe the appeals panel to be impartial. Thanks for your help.
Dear Imogen
The procedures for VA school appeals should be no different.
The current code of practice says: "Notes of the proceedings may be typed or hand written and should be clear".
Anyone who knows anything about appeals would realise that the notes must be kept in case they are required. The new code (not yet in force) is likely to spell this out in detail:
"they [the notes] must be prepared and retained on the basis that they may be required to be disclosed, for example:
a) following requests from the Local Government Ombudsman as part of his or her investigation of a complaint about the conduct of an appeal; or
b) information is required as part of court proceedings, for example, where a panel’s decision is challenged by judicial review."
I think it would be worth seeing what the ombudsman thinks about all this (the irrelevant questions, notes taken in shorthand and not retained, the fact that you are unable to establish whether your main points were properly considered).
Regards
The procedures for VA school appeals should be no different.
The current code of practice says: "Notes of the proceedings may be typed or hand written and should be clear".
Anyone who knows anything about appeals would realise that the notes must be kept in case they are required. The new code (not yet in force) is likely to spell this out in detail:
"they [the notes] must be prepared and retained on the basis that they may be required to be disclosed, for example:
a) following requests from the Local Government Ombudsman as part of his or her investigation of a complaint about the conduct of an appeal; or
b) information is required as part of court proceedings, for example, where a panel’s decision is challenged by judicial review."
I think it would be worth seeing what the ombudsman thinks about all this (the irrelevant questions, notes taken in shorthand and not retained, the fact that you are unable to establish whether your main points were properly considered).
Regards
Etienne
-
Guest
Yes, completely agree. I was clerk to the appeals panel at a VA school this year. We have kept the contemporaneous notes for each appeal and the ensuing decision making process, and we would not dream of destroying any of this. We also have a copy of all the paperwork for each child. All this will be stored for several years. I had one case referred to the Ombudsman who fairly quickly decided there was no evidence of any maladministration and thanked me for the helpful answers to his questions and for the evidence provided. I have never done the job before, but it was just basic common sense that the appeals needed to be run properly and all the evidence preserved, as well as some basic training and reading up about appeals (thanks Etienne!).Etienne wrote:Dear Imogen
The procedures for VA school appeals should be no different.
The current code of practice says: "Notes of the proceedings may be typed or hand written and should be clear".
Anyone who knows anything about appeals would realise that the notes must be kept in case they are required. The new code (not yet in force) is likely to spell this out in detail:
"they [the notes] must be prepared and retained on the basis that they may be required to be disclosed, for example:
a) following requests from the Local Government Ombudsman as part of his or her investigation of a complaint about the conduct of an appeal; or
b) information is required as part of court proceedings, for example, where a panel’s decision is challenged by judicial review."
I think it would be worth seeing what the ombudsman thinks about all this (the irrelevant questions, notes taken in shorthand and not retained, the fact that you are unable to establish whether your main points were properly considered).
Regards
-
Sally-Anne
- Posts: 9235
- Joined: Wed Jan 11, 2006 8:10 pm
- Location: Buckinghamshire
Hi Guest
Thank you for posting that information , as it is very valuable indeed. If you have the time, please stay around on the Forum to help Etienne and others on Appeals.
You can remain totally anonymous, even if you register, but I am sure you will be able to support many parents (I am one of them!) who have been through an Appeal.
Best wishes
Sally-Anne
Thank you for posting that information , as it is very valuable indeed. If you have the time, please stay around on the Forum to help Etienne and others on Appeals.
You can remain totally anonymous, even if you register, but I am sure you will be able to support many parents (I am one of them!) who have been through an Appeal.
Best wishes
Sally-Anne
Dear guest - please stick around. You can, if you have more than one email address, register under another name for anything 'professional' - that you might not want linking back to you.
It's good to have people here with experience of appeals from 'our' side - the appeals panel & admin side, as well as from the parents side (which we may also be as well).
Capers
It's good to have people here with experience of appeals from 'our' side - the appeals panel & admin side, as well as from the parents side (which we may also be as well).
Capers
Capers
