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 Post subject: WIRRAL Appeal question
PostPosted: Sat Apr 15, 2006 5:58 pm 
Hi,

Can any one tell me if you are meant to recieve a statement before your appeal from the LEA to tell you the grounds on which your first appeal failed?

Here in the Wirral we have an independant appeals board first, this is where the heads appeal for our child ( at this stage we don't know if our child has passed the 11+ or not only the heads know).

Then after March 1st if the 1st appeal failed we then appeal to the school directly.

We have our appeal in 5 days and we have only been told where and when to attend. Is this right?

Jan


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 Post subject:
PostPosted: Sat Apr 15, 2006 9:26 pm 
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Joined: Mon Jan 30, 2006 4:07 pm
Posts: 2660
Dear Fiona/Jan

See link below ........suggests you should have received a statement.....last two lines of 'making your appeal'

http://www.wirral-mbc.gov.uk/admissions ... ing%20your

Assuming this is the type of appeal you are talking about.

Patricia


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 Post subject:
PostPosted: Sat Apr 15, 2006 9:48 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7064
Dear Jan

Your first "appeal" sounds to me like a non-statutory review (a sort of optional extra!). As far as I know, because it is optional, there is no requirement that you should be given any reasons for the outcome. Your forthcoming appeal is a completely fresh look at your case, and I believe no account should be taken of anything that happened at the earlier review.

It does not sound right that you have only been told when and where to attend in 5 days' time. The Code of Practice (which applies to community, voluntary controlled, voluntary aided, and foundation schools) is quite clear:
At least 7 days before the hearing the admission authority should supply the clerk of the appeal panel with the following documents which should be circulated to the panel members and sent to the parents ......... a written statement summarising the reasons for the (original) decision ............ copies of any information or documents which are to be put to the panel, including anything that has been submitted by the parents ............... Documents about appeals should be sent to the parties involved through the post, ensuring that they will arrive in good time.

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Etienne


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 Post subject: Appeal question
PostPosted: Sun Apr 16, 2006 9:32 am 
Hi Ettienne,

The first appeal was with the independant appeals board, the second appeal is with the grammar school governing body!

Thanks for your help!

Jan


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 Post subject:
PostPosted: Sun Apr 16, 2006 11:11 am 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7064
Dear Jan

The fact that your first "appeal" took place without you and in secret makes me think that, despite its name, it was in fact a non-statutory review.

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Etienne


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 Post subject:
PostPosted: Tue Apr 18, 2006 10:58 am 
Hello Etienne,
Does it make a difference to the Appeals procedure if the grammar school is a Foundation school and therefore self governing?


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 Post subject:
PostPosted: Tue Apr 18, 2006 4:09 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7064
Dear Calday Parent

No, it shouldn't. The Dfes Code of Practice on Appeals applies to foundation schools as well.

I've heard anecdotal evidence that some foundation schools are not always following the correct procedures. It may be that big local authorities with their legal departments have more expertise when it comes to what should and shouldn't be done (although even they make mistakes sometimes :().

Because of the burden of ensuring that independent panel members are up to date with the guidance, the law and legal judgements, some foundation schools have opted to pay the local authority to arrange the appeals process on their behalf.

If anyone wants to read the (lengthy!) Code of Practice, go to Home Page, then "11+ Appeals", then no. 6 for the link.

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Etienne


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 Post subject:
PostPosted: Tue Apr 18, 2006 6:03 pm 
Thank you Etienne, for your reply.

I doubt any parent would wish to challenge incorrect procedure anyway. I'm sure any complaint would certainly not help in your appeal to the school concerned.


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 Post subject:
PostPosted: Wed Apr 19, 2006 6:07 am 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7064
Well, if parents raised a procedural concern, no independent panel should allow its decision to be prejudiced in any way. (Of course, it's always a good idea to voice concerns in a courteous and reasonable manner. :))

If we're talking about the procedure leading up to the hearing, remember that it's the clerk who is responsible for making the arrangements, not the panel. (And the clerk must not influence the decision making.)

It depends what the concern is. Some procedural faults are little more than technicalities, whereas others can be more serious, leading to an injustice.

I can understand that parents would not want to give the impression of "nitpicking". The question they should ask themselves is "Have we really been put at a disadvantage?"

If, for example, parents had not been sent the case papers in sufficient time, and the authority's case is long and complicated, and there are documents that parents have not had sight of before, it would be reasonable to explain that there had not been an opportunity to study the papers properly. (In this situation, a chairman ought to offer an adjournment or a hearing at a later date.)

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Etienne


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 Post subject: Appeal question
PostPosted: Wed Apr 19, 2006 8:18 am 
Hello Calday Parent,

Your reply really worries me, are you a governor of the school?

If people do not challenge - things never change!

If the appeal clerk/panel don't operate in a fair way (the code is set by the government) and you feel that you cannot challenge them then it becomes a mockery of justice! and it is not in the best interest of the school/child/parent.

Jan


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