If I only present this at the appeal as new evidence then do you think it may put a doubt in the appeal panels minds.
No, you are entitled to question the authority's case for the first time at the appeal, but it might then be necessary for the panel to adjourn all the hearings, so that further information can be obtained.
Would it be classed as maladministration, or would the panel redirect the school to recalculate all again. Do they have the power to do that ? If it is recognised as a shortfall in the ability of the calculator, what chance my appeal being upheld prior to any other arguments I put forward.
The panel could ask the school to re-measure all the distances, and that would probably require an adjournment.
It depends at what point maladministration is accepted (if it is accepted) whether or not it would be necessary for you to present your stage 2 case.
At worse can the panel disregard this and say well thatâ€™s that the way all calculations were done.
They might, if everyone has been treated equally.
Since the school administers its own admissions, will the appeal panel include a rep from the school to answer this. What generally is the makeup of the panel when the school administers its own admissions.
The school cannot have a representative on the panel, but it does appoint three independent panel members, at least one of whom must have some experience in education, and at least one of whom must not.
The school should be represented by a "presenting officer" who has to make the case that the school is full and to admit further pupils would cause prejudice.
The ombudsman has previously stated:
It needs to be clear how distance is measured, whether by straight line on a map, by walking route, by a simple road measurement, or by public transport route. It also needs to be made clear from what point on the school site the measurement is taken, and also what point from the pupilâ€™s home is taken into account. It needs to be specified whether this is the front entrance or whichever entrance is nearer to the school, whether front or back (or indeed any other point). We do not think it is sensible to prioritise by reference to postcodes (since that can have the effect of distorting distance priority) or journey time (which is open to dispute).
If your appeal is unsuccessful, and you feel that the panel did not handle the distance issue properly, you are entitled to complain to the ombudsman.