Appeal experience
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bestpossibleoutcome
- Posts: 83
- Joined: Mon Mar 03, 2008 10:35 am
We have been told that the head and staff of the primary school concerned were very anti selection. We had not heard of the review that takes place earlier in the year (ie before parents are told results), so could not have prevented a review had these rules applied at that time. Whilst irrelevant to us now, I am concerned that with such a flawed (not to mention stressful) process, combined with a lack of awareness on the part of parents (particularly first-timers), many people are going to miss out.
Would a head be obliged not to take a case to review if parents had expressed a preference for this so that they could go to appeal? What would happen if a head ignored their wishes and so parents were subsequently prevented from appealing?
Would a head be obliged not to take a case to review if parents had expressed a preference for this so that they could go to appeal? What would happen if a head ignored their wishes and so parents were subsequently prevented from appealing?
I do urge those who feel strongly about the unfairness, confusion, and added stress caused by this sudden change in the Code to complain to their local MP.
Secondly, if the review was to be a key issue at the appeal, then I would have thought the authority, in their written case, ought to refer to it, and to explain how it was conducted in such a manner as to be fair, consistent and objective - otherwise I fail to see how anyone could be expected to dispute this point. Moreover, according to the Code of Practice, the chair is expected to explain at the beginning of the hearing what issues the panel will be addressing - and parents ought also to have been informed of these issues in advance by whoever is organising the appeals. If these things are not done, but the panel proceed to focus on the review, then I think there might be grounds for a complaint to the ombudsman that the hearing was unfair. It is worth testing what the ombudsman thinks about this, not only with regard to one's own appeal, but for the possible benefit of others.
The phone number for the ombudsman's advice service is:
0845 602 1983 or 024 7682 1960
Secondly, if the review was to be a key issue at the appeal, then I would have thought the authority, in their written case, ought to refer to it, and to explain how it was conducted in such a manner as to be fair, consistent and objective - otherwise I fail to see how anyone could be expected to dispute this point. Moreover, according to the Code of Practice, the chair is expected to explain at the beginning of the hearing what issues the panel will be addressing - and parents ought also to have been informed of these issues in advance by whoever is organising the appeals. If these things are not done, but the panel proceed to focus on the review, then I think there might be grounds for a complaint to the ombudsman that the hearing was unfair. It is worth testing what the ombudsman thinks about this, not only with regard to one's own appeal, but for the possible benefit of others.
The phone number for the ombudsman's advice service is:
0845 602 1983 or 024 7682 1960
Etienne
Thanks Etienne, I will bear that in mind once I have spoken to the Clerk of Appeals.
The section they refer to in the admissions code is not in the admissions policy that I was given at the school open day in September. Naive of me not to really query it, but I honestly thought I was proceeding in the right manner from all the advice from various sources, (including from someone who had spoken to the headmaster of the grammar school about what to include in an appeal this year and my son's current school) and that all I had to prove was that my child was of grammar school standard and that the result was a blip due to circumstances at the time.
Keep up the good work on this excellent site, a trouble shared helps to keep things in perspective!
The section they refer to in the admissions code is not in the admissions policy that I was given at the school open day in September. Naive of me not to really query it, but I honestly thought I was proceeding in the right manner from all the advice from various sources, (including from someone who had spoken to the headmaster of the grammar school about what to include in an appeal this year and my son's current school) and that all I had to prove was that my child was of grammar school standard and that the result was a blip due to circumstances at the time.
Keep up the good work on this excellent site, a trouble shared helps to keep things in perspective!
Thank you, grumpy - you're very kind.
It's not just that the goalposts were moved - it's the way in which it was done that's so unreasonable.
I think anyone in your situation would have thought the same.I honestly thought I was proceeding in the right manner from all the advice from various sources
It's not just that the goalposts were moved - it's the way in which it was done that's so unreasonable.
Etienne
I contacted the council yesterday, they too said go to the ombudsman, so I phoned them and am awaiting a response. I have at last tracked down where I have gone wrong in the dfes admissions code:
3.33 Some admission authorities for grammar schools choose to operate a non-statutory or “local
reviewâ€
3.33 Some admission authorities for grammar schools choose to operate a non-statutory or “local
reviewâ€
Was just quickly scrolling through the Admissions Code on another thread, and noted para2.24, says that Appeals must be carried out in the presence of both Parties. If parents are not at a Heads appeal, and indeed are not even aware that such an appeal is to take place, how can this be regarded as a formal Appeal as per the code.
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spital_parent
- Posts: 9
- Joined: Sun Apr 27, 2008 9:37 am
- Location: Spital
Just FYI, this issue about the procedure used in Wirral has been passed on to Ben Chapman (local labour MP for anyone not from Wirral) who is paasing on to relevant people in Westminster.
I believe that Wirral LEA have not acted appropriately in their dealing with the appeals process. My daughter missed the 11+ by 2 points and was referred to the independant appeals panel. The first we knew that she had been referred was when we got the allocation letter in March.
We had been through a difficult 6 months from Sept 2007 with my wife in hospital twice for some major surgery, mother-in-law in hospital week before 11+ with heart attack, close relative dying of cancer....a long list. None of this was heard by the assessment panel - as we were not asked bny the Head of the primary school for further input. Obviously we have since appealed.
So when the appeal documentation arrived from the Wirral LEA stating that the appeal panel can't overturn the outcome of the independent assessment panel we were a bit disgruntled...which is when I found the latest version of the Code of Practice on the DFCSF web site.
One of the issues raised with the MP was that they should not change the rules of the process mid-way through. It should have been introduced in Sept 2007 or Spet 2008 - not in march 2008...
Also the wirral LEA do not even have the correct document on their web site ....
The
I believe that Wirral LEA have not acted appropriately in their dealing with the appeals process. My daughter missed the 11+ by 2 points and was referred to the independant appeals panel. The first we knew that she had been referred was when we got the allocation letter in March.
We had been through a difficult 6 months from Sept 2007 with my wife in hospital twice for some major surgery, mother-in-law in hospital week before 11+ with heart attack, close relative dying of cancer....a long list. None of this was heard by the assessment panel - as we were not asked bny the Head of the primary school for further input. Obviously we have since appealed.
So when the appeal documentation arrived from the Wirral LEA stating that the appeal panel can't overturn the outcome of the independent assessment panel we were a bit disgruntled...which is when I found the latest version of the Code of Practice on the DFCSF web site.
One of the issues raised with the MP was that they should not change the rules of the process mid-way through. It should have been introduced in Sept 2007 or Spet 2008 - not in march 2008...
Also the wirral LEA do not even have the correct document on their web site ....
The
A link to the new Code of Practice was published here in January:
http://www.elevenplusexams.co.uk/forum/ ... tise#54443
And for those who missed it, it has been in this site's Q&As, A4, since February!
Good to hear that the ombudsman and at least one MP are involved.
I think there are grounds for going to the ombudsman if the panel refuses the appeal on the basis that there has been a proper review, but parents have not been informed in advance that this is to be a key issue, or the authority's case makes no attempt to justify the review as being fair/consistent/objective.
I agree with spital_parent that a key issue for an MP is the unfairness of changing the rules mid-way through the process, when arrangements for a review were already in hand. It might not have mattered if there were an equivalence between a review and an appeal, - but we know that most reviews are more limited and less transparent than an appeal. Moreover an appeal panel is independent - a review is an internal LA procedure, and arguably not independent.
http://www.elevenplusexams.co.uk/forum/ ... tise#54443
And for those who missed it, it has been in this site's Q&As, A4, since February!
Good to hear that the ombudsman and at least one MP are involved.
I think there are grounds for going to the ombudsman if the panel refuses the appeal on the basis that there has been a proper review, but parents have not been informed in advance that this is to be a key issue, or the authority's case makes no attempt to justify the review as being fair/consistent/objective.
I agree with spital_parent that a key issue for an MP is the unfairness of changing the rules mid-way through the process, when arrangements for a review were already in hand. It might not have mattered if there were an equivalence between a review and an appeal, - but we know that most reviews are more limited and less transparent than an appeal. Moreover an appeal panel is independent - a review is an internal LA procedure, and arguably not independent.
Etienne
