Anyone had a complaint to EFA upheld?

[mattsurf]

Hi,

The big problem that you will have, if you ask for the clerk's notes, is that they will only tell you about your appeal. You may have given plenty of academic ability evidence, but you will never know what the ability of the other children who had appeals was.

I look at all the paperwork I receive, in detail, and make copious notes of my own. I have to convince myself that the ability of the children in the appeals I allow is high enough to cope with that school. Often I find that there are - say - 20 suitable from the appeals, so then look at prejudice against the school, when I find that the prejudice against the school is at '8'. That leave 12 potentially suitable children loosing the appeal.

Of course I do look at any mitigating circumstances as to the result in the test, but even if there were great mitigating circs, if the academic evidence doesn't add up, then they may not win the appeal.

For instance (all very hypothetical), child scored 200 in the 11+ . Pass mark was 230. Granny died the night before the test, and child was so upset they fell down the stairs and broke their leg, but insisted on taking the test the following day. It would be reasonable to assume that they would have scored better. However, the school reports supplied said that for the last couple of years, the child was broadly working at national expectations with maybe one year where they were better in maths, and had mean CAT scores of 106. The child is probably above average, but not a lot.

Compare that with another child who also scored 200. No mitigating circumstances, but the mean CAT score was 122, got 2A's at KS1 sats and school reports consistantly said "working well above national expectations".

If a panel found that the prejudice mean only one could be allowed, which should get the place?

In the 2010 appeal code, mitigating circumstances were part of the appeal process, however, in the 2012 code, there is no reference to mitigating circumstances, and the appeal is based on evidence of academic ability. Therefore on the 2 cases you refer to above, the appeal for the child with high CAT scores and consistently working above national average clearly has the stronger case

[Etienne]

In the 2010 appeal code, mitigating circumstances were part of the appeal process, however, in the 2012 code, there is no reference to mitigating circumstances, and the appeal is based on evidence of academic ability. Therefore on the 2 cases you refer to above, the appeal for the child with high CAT scores and consistently working above national average clearly has the stronger case

As already mentioned:

• • the absence of extenuating circumstances from the Appeals Code isn't quite the same thing as a prohibition.

Appellants are free to put forward whatever evidence they wish, and panels have a duty to consider it.

It is clear from the Code that academic evidence is essential for an appeal against non-qualification - but it is up to the panel to decide how much weight to give to other factors.

In 2012 we set out the position here:
http://www.elevenplusexams.co.uk/forum/ ... 35&t=24978" onclick="window.open(this.href);return false;