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PostPosted: Sun Jun 22, 2014 8:39 pm 
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Hi all and Etienne specifically (lurker and this is my first post)

Had appeal hearing and decision which was not in our favour, but am concerned about the way the appeal was administered and the decision letter itself, would it be possible for you to have a look at the letter and give some feedback?

Kind regards


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PostPosted: Sun Jun 22, 2014 9:03 pm 
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Welcome! :)

If you'd like to send details to the appeals box, I'll be happy to have a look, and will get back to you in a day or two.
viewtopic.php?f=35&t=9907

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PostPosted: Sun Jun 22, 2014 9:08 pm 
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Etienne wrote:
Welcome! :)

If you'd like to send details to the appeals box, I'll be happy to have a look, and will get back to you in a day or two.
viewtopic.php?f=35&t=9907


Hi Etienne

I have sent the details to the appeals box - and look forward to your comments

kind regards


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PostPosted: Sun Jun 22, 2014 9:39 pm 
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Also out of curiosity if the EFA deem there was maladministration of an appeal hearing and a fresh appeal is carried out - does this new appeal panel have the power to admit a child? EFA documentation only states that a court can overturn the original decision and if so whats the point of having another appeal?

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PostPosted: Mon Jun 23, 2014 5:55 am 
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compo7 wrote:
Also out of curiosity if the EFA deem there was maladministration of an appeal hearing and a fresh appeal is carried out - does this new appeal panel have the power to admit a child?
Yes, it does.

Quote:
EFA documentation only states that a court can overturn the original decision ........?
I think that means without the need for another appeal.
In practice, though, if the original hearing was found to be flawed, most of the court judgements I've seen seemed to require a re-hearing in front of a different panel anyway.

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PostPosted: Mon Jun 23, 2014 10:52 am 
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compo7 wrote:
Hi all and Etienne specifically (lurker and this is my first post)

Had appeal hearing and decision which was not in our favour, but am concerned about the way the appeal was administered and the decision letter itself, would it be possible for you to have a look at the letter and give some feedback?

Kind regards



I am also concerned that my appeal was not handled in the right way.
8 more people had higher reasons for getting a place than our daughter.. at Wilmington Grammar school for girls...
we live within 3 miles of the school and she now has to travel 26 miles to her allocated school.
With a younger child also needing to be taken to school locally .
this becomes a big problem.
She passed the 11+.
Now on waitlist, 6th at the moment....
Kind regards


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PostPosted: Mon Jun 23, 2014 4:05 pm 
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compo7 wrote:
Hi Etienne

I have sent the details to the appeals box - and look forward to your comments

kind regards

On the whole the decision letter is better than average!
It appears to meet legal requirements - although it doesn't state whether the admission arrangements (including the area’s co-ordinated admission arrangements) complied with the mandatory requirements of the School Admissions Code and Part 3 of the School Standards and Framework Act 1998.
This latter point is something of a technicality (in that it doesn't mean you've suffered an injustice).

It's reassuring that the panel questioned the school case. (We hear too often of panels that don't ask a single question and appear to be 'nodding through' the school's case!)

The number of questions asked in relation to your case wouldn't be grounds for a complaint.

The chair does have a duty to manage the time effectively, although this must be balanced against the need to allow you to state your case fully and answer questions.
It's not clear to me whether you were asked at the end if you'd had sufficient time to say everything you wanted to. (This would have been good practice, but strictly speaking isn't a requirement.)

The length of the hearing appears quite reasonable.

It's customary for a decision letter to reflect very briefly the key points raised. Of the three points you mention, the first two are covered to some extent. The allocated school isn't referred to, but the omission could probably be justified on the basis that this is an appeal for a school, not an appeal against another school.

I'm afraid I see no grounds for a complaint at the moment.

If you were able to get hold of the clerk's notes, I don't mind checking them for any procedural errors. I think you'd be entitled to a copy - but be warned that they may resist!
http://www.elevenplusexams.co.uk/appeals/ombudsman#d4

I do sympathise with regard to the outcome, especially as you succeeded in overcoming the first 'hurdle'. In my experience the sort of case you have is usually quite compelling at the prejudice stage.
Unfortunately it's not possible to challenge the panel's judgement.

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PostPosted: Mon Jun 23, 2014 10:10 pm 
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Hi Etienne

I have emailed to the appeals box some further clarification

regards


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PostPosted: Mon Jun 23, 2014 11:55 pm 
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I do appreciate that appellants are in a vulnerable situation when asked "Have you been given sufficient time ......?" - but the question was asked, and we can be pretty sure the notes will show that no objection was raised.

30 minutes is likely to be viewed as acceptable for a hearing, even though you would have preferred more time spent on questions to you.
I'm afraid I've never known a complaint to succeed on the basis of what questions were not asked. (It would be sufficient if the key points were clearly stated by you and understood by the panel.)

If you were to make a complaint, the EFA will focus on two pieces of evidence:
    (a) the decision letter,
and especially
    (b) the clerk's notes

To take each of these in turn -

(a) Most appellants - if unsuccessful - feel very dissatisfied with the decision letter and want more detail, but I assure you the one you received is better than most!
I'm still inclined to think it meets the requirements of para. 2.25 of the Code. It briefly summarises the school case for prejudice and your arguments for admission, and explains that in the panel's view your case did not outweigh the prejudice to the school. Unfortunately it simply isn't possible to challenge the panel's judgement in relation to your case, and especially not in relation to other cases.

(b) The only evidence of who said what is to be found in the clerk's notes, which is why I suggested trying to obtain a copy, even though you might find them to be as unsatisfactory as the decision letter. :(
They are often not as complete as one would like, partly because it is left to the clerk to determine what the key points are, and partly because it is impossible for a note to be taken of everything said.
Whether answers were cut short is not something the notes are likely to show.

However, the clerk's notes are usually viewed as very significant evidence, and at the moment we don't know for sure what they might reveal.

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PostPosted: Tue Jun 24, 2014 6:01 am 
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Thankyou again Etienne.

If the school is not willing to release the clerks notes - what is generally the next course of action?

regards


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