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 Post subject: Appeal hearing this week
PostPosted: Sun Dec 09, 2007 1:54 pm 
I've just noticed that one of the appeal panel is a teacher at the school that I am appealing for. Is this usual?


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PostPosted: Sun Dec 09, 2007 2:24 pm 
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The code of practice says:

3.4 It is important to note that, although teachers may not necessarily be disqualified from membership under the categories described above, paragraph 1(7) of Schedule 1 to the Appeals Arrangements Regulations specifies that they may not be a member of the panel if they are a teacher at the school which is the subject of the appeal or appeals in question.

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PostPosted: Sun Dec 09, 2007 3:00 pm 
Should I draw attention to this fact or not? The hearing is tomorrow. Might it disqualify any successful appeal?


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 Post subject:
PostPosted: Sun Dec 09, 2007 3:17 pm 
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Perhaps you could give a bit more information?

Is this a Local Authority panel, or a foundation/VA school panel?

What are you appealing against - non-qualification, the school being full, or both?

Have you been invited to a group hearing where the admission authority will present its case in front of all the parents (followed by separate hearings for the parents' cases)?

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PostPosted: Sun Dec 09, 2007 4:18 pm 
It is a Local Authority panel, for VA school panel.

It involves a transfer appeal, and the school is oversubscribed.

It is an individual hearing, I believe.


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PostPosted: Sun Dec 09, 2007 5:00 pm 
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If the panel are hearing other cases for the same school and year group, then decisions should be taken at the very end, not case by case.

When appellants are notified of the panel in advance, the names are provisional. It is of course a possibility that the names you have been given will have changed.

When the clerk comes to escort you into the hearing, I suggest that you politely raise the issue with him/her, asking whether the panel is unchanged, and, if so, pointing out that you have just noticed what it says in para. 3.4 of the Code of Practice.

Good luck tomorrow!

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Etienne


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 Post subject:
PostPosted: Sun Dec 09, 2007 7:01 pm 
Thank you very much for your support.


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 Post subject:
PostPosted: Sun Dec 09, 2007 10:55 pm 
Ettienne, what kind of difficulties would there be if a teacher (from the school appealed for) is included on the appeal panel?


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 Post subject:
PostPosted: Mon Dec 10, 2007 12:06 am 
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It is to protect you. It would be a flagrant breach of the Code because the panel must be totally independent. There is at the very least the perception that a teacher at the school might have a vested interest in the outcome of the appeal, and therefore be prejudiced against you.

If you are content to go ahead and run the risk of an unfair hearing [rather than have the appeal postponed to a later date], you are not forced to raise the issue with the clerk beforehand.

What if your appeal turns out to be unsuccessful, and you then wish to question the fairness of the hearing? It is likely you would be entitled to a re-hearing, although there might be questions about when you became aware of the problem .........

I cannot quite believe that the panel will be unchanged tomorrow, as it would be a really serious failing on the part of the teacher concerned, and on the part of those organising the appeal. They ought to know what they are doing and be familiar with the Code - there is no expectation that you should.

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