Ombudsman's decision

[Katie]

Hi Etienne,

Thank you once again for invaluable advice. We just feel completely bewildered. We thought that the Ombudsman's decision was final. Whilst we were thoroughly demoralised by it - feeling that the Ombudsman's office were condoning the perpetuation of this ridiculously biased state of affairs, we really did think that her decision was the end of the road. We were simply astonished for her to have said what she said. Delighted of course, but just completely confused. We did however take the opportunity to mention that one of the panel had told us that if we didn't like the system in place in Torbay - we should move to another area. We had not made this part of our complaint because there were so many other clear breaches of the Codes of Practice, that we thought it unnecessary. We'll have to wait and see yet again.
I have this innate belief in justice and hope that someone will take a look at our case objectively, noticing the reality of the way things are being managed in this part of the country. I wish that our Ombudsman was the same as the Kent or Buckinghamshire area who seem to have lots of experience in spotting malpractice.
Upward and onward then! Katie

[imogen]

I have written to the clerk of the appeals panel asking for a copy of the notes. However today I received a telephone call from the head teacher of the school in question. They haven't shredded the notes yet as he read out the summing up to me. He said it was a very strong case, but felt that someone else must have had a stronger case [ I thought each case was taken on it's own merit]. He read out the summing up, which was basically my case that I had put forward and that the panel did not feel that the mitagating circumstances were enough to justifty the miss in marks. How can I ascertain though whether they really did take everything into consideration? Also on my letter it said that my child was not suitable for a grammar school education, however there was nothing on the summing up to state this. I know it is difficult to compare each case but it seems that the panel just went on mitagating circumstances and not academic evidence as well. I know a couple of children that got through but have always been in lower groups to my child. I did mention that I had wriiten to the clerk asking for the notes but he said that the summing up would be all there was as although they have long discussions about each case it is not written down. Am I being too suspicious about this as I feel that I am being fobbed off?

[Katie]

Hi Imogen,

I'm constantly amazed by what I read on this forum. I must be naive - but I really thought that if a child had extenuating circumstances - one would simply go along an explain this to the panel. The appeals code of practice actually says that the panel can consider the number of children appeal

The item I refer to is:

4.69 Where multiple appeals for the same school are being heard, decisions should not be made on individual cases until all parents have been involved in both stages of the process, or an injustice could result. Note-taking by the clerk to the panel will be important in these circumstances.

I may be misinterpreting this - however it seems that all appeals have to be heard before the panel make up their mind - suggesting that each child's circumstance will be compared with the others?

Regarding comparison of marks with other children - we were told that the pass mark is set by the 120th student (PAN). This in effect means that if your child was competing against a really strong field of candidates (perhaps older / having been tutored etc. - then they might not pass on this occasion. On the other hand - if your child was competing against a weaker set of perhaps younger / untutored candidates the following yesr - then they might sail through - and this of course makes a complet mockery of the whole system!

We have complained to the Ombudsman about the way our appeal was handled. We feel that the clerk of our appeal may have prmoted an idea about our child's ability. During our appeal process - he wrote to us no less than three times saying that our child was of demonstrable low ability. I won't bore you with all the statistics, suffice to say that in any other authority in the country - he would have gained entry on raw scores alone, but rather pleasingly in his different test papers he out performed 7 children in his class who did gain admission.

If you're sure that this is the right school for your child - then you have to seek the necessary info to help you make a good case.
All the very best of luck. I'll be thinking of you!
[/quote]

[Etienne]

Dear Imogen

In my LA there is a fixed qualifying mark. Parents can appeal against non-qualification, and each case is considered entirely on its own merits as you suggest.

Secondly, if qualified as a result of the 11+ or following a successful appeal, parents can appeal against being refused a place at an oversubscribed grammar school. This is a completely separate appeal, and can involve a comparison with other cases as Katie mentions.

Foundation and VA schools that handle their own appeals are likely to merge these two procedures, as does Lincolnshire as a whole. See the Q&As, E27.

In your case I think the issues are:

1. Were you clear from the information given to you beforehand exactly what you were appealing against? (Were you appealing against non-qualification [assuming that there is a fixed mark], or oversubscription, or both?)

2. Why were you told that the notes had been shredded?

3. Why were you contacted by the headteacher rather than the clerk? (Is this not an example of the way in which the distinction between a foundation/VA school and an "independent" panel is being blurred?)

4. Why do the notes not give clear reasons for each panel member's decision? What evidence is there of the "lengthy" discussion? (Ideally the start and finish times should be recorded.)

It could be worth seeing what the ombudsman thinks of all this!

[Katie]

Hi again.

We were refused access to our appeal notes by the school's clerk. He did supply the Ombudsman with a copoy and they reached us via this route. They reflected several anomalies, exposed changes in the Clerk's story and a key direct lie that the clerk had promoted in his response.
The Ombudsman bewilderingly said that this was not important. (In other words that the lies / differing version sof the same story were acceptable?).
But went on to explain that only the process was being examined - not the content.
The notes did not reflect anyreason from anyof the panel - and we questioned this also. We were told that the Ombudsman was only looking at how the rules had been applied to our case, not whether any questionable / unprofessional behaviour had taken place. It makes one wonder why the rules exist if panels and clerks paid by the school can behave in this way.
The Ombudsman also said that the notes taken during the appeal hearing were just notes. That they did not need to represent exactly what went on or what was said. This is very confusing and seems to conflict with information applicable to other parts of the country.

[Imogen]

Dear Etienne
thank you for your reply, first of all I was appealing against non-qualification and over subscription.

As to the call from the Headteacher it was with regards to the inital letter I sent to the school. However the call did come 2 days after I sent the second letter to the appeals clerk. The first letter I sent was nearly 2 weeks ago.

Should the Headteacher have the summing up sheet? I'm sure the admissions secretary said their notes were shredded after 3 months.

Also the Head teacher said that maybe if the other successful appeals had not been there this year then maybe she would have been successful. This means surely that she has not been taken on her own merits. Should I now just wait and see what response I get from the appeals clerk?

Thank you

[capers123]

Also the Head teacher said that maybe if the other successful appeals had not been there this year then maybe she would have been successful. This means surely that she has not been taken on her own merits.

First stage of appeals is to see if each case individually should be allowed. Second stage is to weigh all the ones that could be allowed up against the needs of the pupils already given places. It sounds as if you had a good case, but your's wasn't as good as the appeals that succeeded, as had they allowed your appeal, your child would not have been able to physically fit in the classrooms. Or they would have had to add an extra class.

I hate having to do that, but it goes with the territory.

[Katie]

Hi Capers,

Good to hear your information - but unsure why it wasn't applied to our case. We obtained statistics from the school we were appealing for well in advance of the appeal hearing, which showed that if there was any impact on class size - it would be only a very temporary measure, and also notified the panel that (without mentioning any names) we knew that another pupil was now leaving to move abroad. The school acknowledged this. Once again - we found great dichotomy whereby we indisptably proved the facts - but they seemed to be ignored. It's really quite worrying that some schools / LEAs adhere to the govt. legislation, while others do their own thing!

[Etienne]

The Ombudsman also said that the notes taken during the appeal hearing were just notes. That they did not need to represent exactly what went on or what was said.

This is correct, but one would expect the notes to record the important points, and to explain how the panel arrived at its decision. Otherwise there seems little point in having any notes.

He read out the summing up, which was basically my case that I had put forward and that the panel did not feel that the mitagating circumstances were enough to justifty the miss in marks

This suggests that the issue under consideration was non-qualification, and that your case was being considered (rightly in my view) entirely on its own merits.
Why then does the head go on to say "if the other successful appeals had not been there this year then maybe she would have been successful"? I would expect this sort of comparison to be made when considering oversubscription issues.

Should the Headteacher have the summing up sheet?

My view is that he should not! The papers are the "property" of the appeal panel, and I think they should be in the care of the clerk.

Should I now just wait and see ......?

My advice is to go to the ombudsman now. Even if your complaint does not succeed, I feel sure it will serve as a warning shot across the bows, and hopefully lead to a tightening up in the procedures.

[Imogen]

Thanks, I will. Does the ombudsman have to let the school know who is complaining at the initial stage?