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PostPosted: Tue Jun 28, 2016 6:58 pm 
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I can see from this website that complaints about Academy appeals should go to the EFA. Is this still the case where the Academy has outsourced their appeals process to the Local Education Authority? Or, because the LEA have dealt with the appeal on behalf of the Academy, should the complaint be made to the LGO?

Also for a non qualification appeal, should the letter received from the Appeal Clerk make specific reference to the actual evidence submitted and why it was not sufficient or is it acceptable for them to merely state that what was submitted was "insufficient to prove academic ability and the appeal is therefore unsuccessful"?

Thank you!


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PostPosted: Tue Jun 28, 2016 7:27 pm 
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Welcome! :)

MillyMollyMandy wrote:
I can see from this website that complaints about Academy appeals should go to the EFA. Is this still the case where the Academy has outsourced their appeals process to the Local Education Authority?
Yes, it's the EFA.

Quote:
Also for a non qualification appeal, should the letter received from the Appeal Clerk make specific reference to the actual evidence submitted
Yes:
      Quote:
      2.25 ......... The decision letter must contain a summary of relevant factors that were raised by the parties and considered by the panel.

Quote:
and why it was not sufficient or is it acceptable for them to merely state that what was submitted was "insufficient to prove academic ability and the appeal is therefore unsuccessful"?
      Quote:
      2.25 The panel must ensure that the decision is easily comprehensible so that the parties can understand the basis on which the decision was made ........

      I'm afraid ""insufficient to prove academic ability" would probably satisfy 2.25 of the Code, even though - understandably - you would like to know more.

It's possible that the clerk's notes might give more information, if you can get hold of a copy.
http://www.elevenplusexams.co.uk/appeals/ombudsman#d4
If the clerk's notes show that your key points were properly considered, then their omission from the decision letter would be a technical breach of 2.25 of the Code (as opposed to what might otherwise be a serious injustice).

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Etienne


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PostPosted: Tue Jun 28, 2016 7:48 pm 
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Thank you Etienne for your response.

Sorry to be cynical but how does one know that the notes won't be "doctored" before being sent to the EFA? Especially if the Clerk or someone in their Department read this thread! I suspect that many probably do!

If they receive notice of a complaint from the EFA and are requested to provide a copy of the notes, they could change them to their advantage couldn't they?


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PostPosted: Tue Jun 28, 2016 8:26 pm 
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I think it unlikely.
Falsifying the notes would be a very serious matter - and it would probably require the complicity of the three independent panel members who are in a position to confirm what did or didn't happen.
The headteacher (or whoever represented the admission authority) might also need to be in on the conspiracy, as he/she would have been present for much of the hearing.

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Etienne


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PostPosted: Tue Jun 28, 2016 8:33 pm 
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Thank you for the reassurance.


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PostPosted: Tue Jun 28, 2016 8:41 pm 
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I will jump in at this point to underline what Etienne has said, because there have been a couple of mentions of the possibility of "doctoring clerks' notes" on the forum this week.

Appeals are a legal process, and to interfere with that process in any way would be a very serious matter indeed.

Although Academies may seem to be "a law unto themselves" at times, and some of them don't have the best grasp of the Appeals Code, I would hope that all of them have at least read the very first page of the Code, which makes it clear that the Admissions and Appeals process is governed by LAW. To flagrantly break the law by falsifying evidence would indeed be very serious.


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