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PostPosted: Wed Mar 15, 2006 5:15 pm 
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Joined: Wed Mar 15, 2006 5:05 pm
Posts: 6
I have a query relating to maladministration in the administration of an 11+ exam paper in Kent.
Children were ready to sit a maths paper at 9.30am. The LEA failed to send enough exam papers to the school. The school contacted the LEA to ascertain how to proceed. Meanwhile the children were made to wait in the school hall.
The LEA advised the school to photocopy papers to make up for the shortfall.
In the meantime, the LEA instructed the school to give the children the
essay paper which had been scheduled to be completed after the maths, later in the day.
As a result, a number of children sitting the exam whom were predicted to have passed the maths paper, in fact failed. The school has argued that this last minute change in subject matter was disruptive for these 10/11 year old children and materially affected their performance in the maths exam paper.
This argument has not been addressed by the LEA. They are completely uninterested.

The school has email evidence, and invigilator report to support this issue.

I've tried to find any examples of this so called "maladministration" of an
exam that can be brought to bear forcefully at an appeal hearing by citing other cases which have gone before education ombudsman or the Courts, but have thus far drawn a blank.

Can anyone help?


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PostPosted: Wed Mar 15, 2006 7:00 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7063
Forumadmin has asked if I could help with this.

Maladministration means that the authority made a mistake as a result of which the pupil was denied a place to which he/she would otherwise have been entitled.

Sometimes this is easy to prove objectively. For example, if the authority has incorrectly measured the distance between home and school, the correct measurement can be compared with that of children who were offered a place under the distance criterion, and there is no difficulty in determining what should have happened.

In the case of disruption to the test arrangements, I think it would be very difficult to demonstrate objectively that, had the disruption not occurred, a particular child would definitely have passed.

However, there is no reason why you should not ask the appeal panel to consider "whether the authority correctly applied the admission arrangements".

In addition, it is important to put forward the disruption as a "mitigating circumstance". The closer your child was to achieving the required score, and the stronger the academic evidence of high ability, the more persuasive your case is likely to be. This is probably the best chance of winning an appeal.

I hope this helps.

Regards

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Etienne


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PostPosted: Wed Mar 15, 2006 8:45 pm 
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Site Admin

Joined: Sun Aug 15, 2004 3:31 pm
Posts: 1167
Dear Anng,

On another thread, Patricia has come up with some useful links that you should take a look at:

www.lgo.org.uk/news/docs/22-05b03214.doc
& www.lgo.org.uk/pdf/specialreport3.pdf

Her thread can be seen on:

viewtopic.php?t=469

Regards,

Forumadmin


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PostPosted: Thu Mar 16, 2006 12:01 am 
If you are in the Bexley area, then you will find the following website link useful:

http://www.bexley.gov.uk/service/school ... peals.html


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PostPosted: Thu Mar 16, 2006 7:28 am 
I was very interested to read the post from Anng asking for advice because exactly the same thing happened at my childs school and wonder if her child is at the same Kent school or did this happen more than once? We are in the Maidstone area.We also feel that the LEA appear disinterested in our concerns and the possible effect resulting in a maths mark of 116 in a child who is one of the top in maths.The Head Teacher appeal was rejected despite including evidence about the mix up.We are obviously going to appeal and it fills us with dread so any advice is very useful especially the excellent help given by Etienne.
Incidently my son passed the verbal reasoning with a mark of 127, on the appeal panel comments they made no reference at all to the standard of his maths and simply commented that the literacy standard was below that expected;is this usual?I accept that his handwriting and presentation are not the best but it seems they did not see beyond this.Thankyou.


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PostPosted: Thu Mar 16, 2006 9:36 am 
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Joined: Wed Mar 15, 2006 5:05 pm
Posts: 6
Visitor,
We are in Maidstone, and I suspect it is the same school. I've been advised that tackling this as a group of parents would give more force to our case. Would you care to register on the site and send me a private message, as I'm very anxious to try and coordinate some sort of strategy with other affected parents. If I tell you my child only joined the school this year, it may give you a clue.......


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PostPosted: Thu Mar 16, 2006 9:38 am 
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Joined: Wed Mar 15, 2006 5:05 pm
Posts: 6
Thank you to Etienne, forum admin , Patricia and the guest from Bexley for all your helpful input. I have alot of reading to do this morning., and will keep you all posted.


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PostPosted: Thu Mar 16, 2006 11:08 am 
I can't see why swapping the order of an English story and some maths questions would make much difference to whether a child would fail or pass. Defies logic.

If it were to make a difference, it could equally be in the other direction and result in more children passing!!

A post of Anng from last year has curiously popped up on the Kent section of the website. I thought it looked familiar - about a school that told children a test was 60 mins and it turned out to be 50 mins and all the children freaked out part way through.

This is a very helpful website and I think that Anng is not collecting advice for her own children but for some other purpose. No harm in this, but perhaps that should be made clear to the helpful people who reply.


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PostPosted: Thu Mar 16, 2006 11:24 am 
I don't normally, but I am going to post anonymously.

Often journalists use message boards and forums to start off or get information for stories. I am not suggesting Anng is journalist, but it wouldn't be the first time if she was. Have you noticed the plethora of 11+ stories int he press recently? The 11+ isn't a new invention but the press are out to get Blair at the moment about the new education bill and this forum shows the press how worried parents are about their childrens education. Good story for the papers. If there was a case of maladministration... well ... it would be a great story at the moment with the education bvill passing trhough parliament.

I have wondered before about some of the posts on this message board because they seemed so ridiculous. I worry about schools, but it doesnt occupy my every waking moment.


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PostPosted: Thu Mar 16, 2006 11:43 am 
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Site Admin

Joined: Sun Aug 15, 2004 3:31 pm
Posts: 1167
Dear Guest,

Anng first contacted us directly seeking advice. After subsequent exchange of e-mails we suggested that she may consider posting her query on the forum board which is frequented by some experienced tutors and parents who may be able to add to our inital advice. I can assure you that she is not a journalist.

ForumAdmin


Last edited by forumadmin on Thu Mar 16, 2006 11:56 am, edited 1 time in total.

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